Leave of Absence in Ontario: What Employees Need to Know (2025 Guide)

Balancing work and personal life isn’t always easy. Sometimes, you may need to take time away from your job — without losing it. That’s where a leave of absence comes in.

This guide explains the meaning of a leave of absence in Ontario, the types of leaves protected under the Employment Standards Act (ESA), whether they are paid, and how to request one.

What Is a Leave of Absence?

A leave of absence is a period of time when an employee is away from work but still employed. In Ontario, leaves of absence are usually unpaid, unless your employment contract, workplace policy, or collective agreement provides payment.

Leaves exist to help workers deal with life events such as illness, caregiving, emergencies, childbirth, or family responsibilities.

Leave of Absence Meaning in Ontario

In Ontario, the ESA sets out job-protected leaves of absence. This means your employer can’t fire, punish, or penalize you for taking a valid leave.

Leaves of absence in Ontario include:

• Pregnancy Leave
• Parental Leave
• Sick Leave (up to 3 unpaid days per year)
• Family Responsibility Leave (up to 3 unpaid days)
• Bereavement Leave (up to 2 unpaid days)
• Family Caregiver Leave (up to 8 weeks)
• Family Medical Leave (up to 28 weeks)
• Critical Illness Leave (up to 37 weeks for a child, 17 weeks for an adult)
• Organ Donor Leave (up to 13 weeks)
• Child Death Leave (up to 104 weeks)
• Crime-Related Child Disappearance Leave (up to 104 weeks)
• Domestic or Sexual Violence Leave (up to 10 days + 15 weeks)
• Declared Emergency Leave
• Reservist Leave
• Compassionate Leave
• Long-Term Illness Leave (new in 2025): Up to 27 weeks in a 52-week period for a serious medical condition, if you’ve worked at least 13 weeks and provide a medical note.

Do You Get Paid for a Leave of Absence?

Most leaves of absence in Ontario are unpaid. However:

• Employment contracts or workplace policies may provide paid leave.
• Employment Insurance (EI) may apply for certain leaves, like maternity, parental, or sickness benefits.
• Some employers offer top-up pay for maternity or parental leave.

Personal Leave of Absence in Ontario

If you need time off for personal reasons (health, family, or emergencies), Ontario law gives you options through sick leave, family responsibility leave, or family caregiver leave.

Your employer must grant these if you qualify under the ESA. They can’t deny your request if you meet the conditions.

How to Apply for a Leave of Absence in Ontario

To request a leave of absence, you should:

1. Give written notice to your employer as soon as possible.
2. Provide documentation if requested (e.g., a doctor’s note, proof of family emergency).
3. Confirm the start and expected return date of your leave.

Leave of Absence Policy

Some employers have their own leave of absence policy that may provide more generous benefits than the ESA minimums. Always check your employment contract or company handbook — if your workplace offers better terms, those apply.

Employee Rights During a Leave of Absence

If you take a valid ESA leave in Ontario, you have these rights:

• Job protection: Your employer must reinstate you to your old job or a comparable one.
• Benefits continuation: Health, dental, and pension contributions continue during the leave, unless you opt out in writing.
• No penalty: Your employer can’t discipline, fire, or threaten you for taking a protected leave.

Employer Obligations During a Leave

Ontario employers must:

• Approve leaves if ESA conditions are met.
• Maintain benefit contributions.
• Keep the employee’s job protected.
• Only request reasonable evidence (like medical notes).
• Communicate clearly about timelines and return to work.

Key Takeaway

A leave of absence in Ontario allows you to step away from work when life demands it — without losing your job. Most leaves are unpaid, but they are job-protected under the ESA.

If your employer denies your request, cuts your benefits, or penalizes you for taking time off, that’s against the law.

Speak to an Employment Lawyer About a Leave of Absence

At Samfiru Tumarkin LLP, we’ve helped thousands of Ontario employees enforce their rights. If your employer denies your leave, or punishes or fires you for taking leave, you are likely owed compensation – up to 24 months’ pay plus damages.

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.