Leave of Absence in Ontario (Updated for 2025)

Life happens — illness, family emergencies, caregiving responsibilities, pregnancy, or unexpected events. When you need time away from work, Ontario’s Employment Standards Act (ESA) gives you the right to take a job-protected leave of absence without risking your employment.

This guide covers all ESA leaves, how they work, who qualifies, how to request one, whether leaves are paid, and what your employer can and cannot do while you’re away.

What Is a Leave of Absence in Ontario?

A leave of absence is approved time away from work while remaining employed.
Most ESA leaves are unpaid, but your employment contract, company policy, or collective agreement may offer paid options.

A valid ESA leave means:

• Your job is protected
• Your employer must reinstate you to your position (or a comparable one)
• You can’t be punished or fired for taking the leave
• Benefits usually continue during your time away

Types of Leave of Absence in Ontario (2025 Guide)

Ontario has one of the widest ranges of job-protected leaves in Canada. Here are the official ESA-recognized leaves and what they include.

Are Leaves of Absence Paid in Ontario?

Most ESA leaves are unpaid, but you may receive:

• Employment Insurance (EI) for maternity, parental, and sickness leave
• Top-up pay from your employer (if offered in your contract or company policy)
• Five paid days for domestic or sexual violence leave

Personal Leave of Absence in Ontario

Employees often need time off for:

• Illness
• Stress or burnout
• Family emergencies
• Caregiving responsibilities

Ontario law allows this through:

• Sick leave
• Family responsibility leave
• Family caregiver leave

Stress Leave in Ontario (Included Under Sick Leave)

You can take a leave of absence for:

• Stress
• Anxiety
• Burnout
• Mental health issues

You may also qualify for accommodation under the Human Rights Code or disability benefits through your insurer.

How to Request a Leave of Absence in Ontario

To apply, you should:

1. Give written notice as soon as you can
2. Confirm start date and expected return date
3. Provide documentation if requested (e.g., a medical certificate)
4. Follow any internal policy or HR process

There is no special government form required.

Employers can’t refuse a protected ESA leave if you qualify.

Your Rights While on a Leave of Absence in Ontario

During an ESA-protected leave, you have:

✔ Job Protection

You must be reinstated to your job or a comparable one.

✔ Benefits Continuation

Your employer must continue health, dental, and pension contributions unless you opt out.

✔ No Discipline, Threats, or Penalties

It’s illegal to:

• Fire you
• Punish you
• Reduce your hours
• Cut your pay
• Change your job

because you requested or took a valid leave.

Employer Obligations During a Leave

Employers must:

• Approve all ESA-eligible leaves
• Continue benefits (unless the employee opts out)
• Keep your job protected
• Request only reasonable evidence
• Communicate respectfully about return-to-work timelines

Can Employers Deny a Leave of Absence?

No.
If the leave is protected by the ESA and you meet the eligibility rules, your employer must approve it.

If they deny your request, discipline you, or threaten your job, it may be:

• A violation of the ESA
• A reprisal in Ontario
• A human rights breach
• Constructive dismissal

What If Your Employer Punishes You for Taking a Leave?

You may be owed compensation such as:

• Up to 24 months’ pay
• Severance pay in Ontario
• Additional damages for bad-faith conduct

Speak to an Employment Lawyer About a Leave of Absence

At Samfiru Tumarkin LLP, our employment lawyers in Toronto have helped thousands of employees across Ontario enforce their rights after being denied a leave, punished for taking one, or pushed out of their job.

If your employer refused your leave, changed your job, or terminated you, you are owed significant compensation.