Domestic or Sexual Violence Leave in Ontario: Your Rights Under the ESA

Domestic or sexual violence leave in Ontario is a protected right under the Employment Standards Act (ESA). If you or your child experience domestic or sexual violence, the law gives you the ability to step away from work to deal with the situation while protecting your job.

This leave is designed to ensure that employees can focus on safety, health, and legal needs without fear of losing employment.

What Is Domestice or Sexual Violence Leave?

Domestic or sexual violence leave is a job-protected leave of absence under the ESA. It applies when an employee, or the employee’s child, experiences:

• Domestic violence, or
• Sexual violence

The leave recognizes that individuals may need time to secure safety, medical care, or support services.

How Much Leave Can You Take?

In Ontario, eligible employees can take:

• Up to 10 days per calendar year
• Up to 15 weeks per calendar year

These can be used separately or combined, depending on your situation.

What Can Domestic or Sexual Violence Leave Be Used For?

Employees may use this leave to:

• Seek medical care for themselves or their child
• Access victim services or support organizations
• Receive psychological or professional counselling
• Relocate to a safer home
• Pursue legal action or law enforcement assistance
• Take other steps necessary to protect themselves or their child

Notice and Evidence Requirements

Employees should notify their employer as soon as possible when taking the leave.

Employers may request reasonable evidence, such as a note from a doctor, counsellor, or legal authority.

All details must be handled confidentially by the employer.

Job Protection and Benefits

The ESA ensures that while on domestic or sexual violence leave:

• You can’t be terminated, penalized, or threatened for taking time off.
• You are entitled to return to your same job or a comparable one.
• Your employer must continue your benefit coverage if you continue to pay your share.

Eligibility for Domestice or Sexual Violence Leave

This leave applies to most Ontario employees covered by the ESA, whether:

• Full-time
• Part-time
• Permanent
• Temporary

To qualify for the paid portion, you must have at least 13 consecutive weeks of employment.

Domestic or Sexual Violence Leave vs. Other Leaves

This leave is distinct from other ESA-protected absences, such as:

• Critical illness leave
• Family medical leave
• Family responsibility leave

Depending on your circumstances, you may qualify for more than one type of leave.

Can You Be Fired for Taking This Leave?

No. It is illegal for your employer to fire you, threaten you, discipline you, or cut your hours or reduce your pay for taking this leave. If that happens, you may have grounds for a wrongful dismissal claim and could be owed a full severance package — up to 24 months’ pay.

Key Takeaways for Employees

• You can take up to 10 days and 15 weeks each year if you or your child experience domestic or sexual violence.
• The first 5 days are paid if you’ve been with your employer for at least 13 weeks.
• Your job and benefits are protected under Ontario law.
• Employers must treat your situation confidentially.

Speak to an Employment Lawyer

If your employer refuses to provide leave, threatens you, or penalizes you for taking domestic or sexual violence leave, they are breaking the law.

At Samfiru Tumarkin LLP, we’ve helped tens of thousands of employees across Ontario enforce their workplace rights.

At our firm, we have:

• ⚖️ Settled over 99% of cases quickly through negotiation or mediation
• 💰 Secured millions in compensation
• 📱 Free Termination Consultations — in many, but not all, cases
• ⭐ Earned 2,310 5-star Google reviews (4.8 average)
• 🏆 Recognized as one of Canada’s Best Law Firms (Globe and Mail)

Call us at 1-855-821-5900 or request a consultation online.