Long-Term Sick Leave Ontario: Your Rights Under ESA Long-Term Illness Leave

If you’re unable to work for an extended period because of illness or injury, you may be entitled to job-protected long-term sick leave in Ontario.

What many employees call “long-term sick leave” is formally known under Ontario’s Employment Standards Act (ESA) as Long-Term Illness Leave. This ESA leave provides up to 27 weeks of unpaid, job-protected leave in a 52-week period if you can’t work due to a serious medical condition.

This guide explains:

• What long-term sick leave means in Ontario
• Who qualifies for ESA Long-Term Illness Leave
• Whether your job is protected
• What happens after the 27 weeks ends
• When termination may be illegal or wrongful

What Is Long-Term Sick Leave in Ontario?

In Ontario, long-term sick leave is not the legal name of the leave — but it is how most employees describe extended time off work due to illness.

Under the ESA, this leave is formally called Long-Term Illness Leave.

It applies when:

• You are unable to perform your job because of a serious medical condition
• Your absence is longer than ordinary sick days
• You require extended time off to recover or receive treatment

Is Long-Term Sick Leave Protected Under Ontario Law?

Yes — if you qualify for ESA Long-Term Illness Leave.

The ESA provides job-protected unpaid leave, meaning:

• Your employer must allow the leave if you meet the requirements
• You can’t be fired because you took the leave
• You must generally be returned to your job when the leave ends

How Long Is Long-Term Illness Leave in Ontario?

Eligible employees may take up to 27 weeks of unpaid leave in a 52-week period.

This is separate from:

• ESA sick leave in Ontario (up to 3 unpaid sick days per year)
• Vacation or personal leave
• Disability benefits

Who Is Eligible for Long-Term Illness Leave?

You may qualify if:

• You have been employed for at least 13 consecutive weeks, and
• You are unable to work due to a serious medical condition, and
• You provide a medical certificate from a qualified health practitioner

The medical certificate generally must confirm:

• That you have a serious medical condition
• That you are unable to perform your work
• The expected duration of the leave (if known)

Is Long-Term Illness Leave Paid?

No.

ESA Long-Term Illness Leave is unpaid.

However, many employees receive income support through:

• Employment Insurance (EI) sickness benefits
• Short-term disability (STD) benefits
• Long-term disability (LTD) benefits

Can Your Employer Replace You While You’re on Long-Term Sick Leave?

An employer may hire temporary coverage, but your job is protected while you are on ESA Long-Term Illness Leave.

When the leave ends, your employer must generally:

• Reinstate you to your position, or
• Place you in a comparable role, if your original job no longer exists

Can You Be Fired While on Long-Term Sick Leave in Ontario?

Sometimes — but often not legally.

Your employer can’t terminate you because you took an ESA-protected leave. Doing so may amount to:

• Reprisal under the ESA
• Human rights discrimination
• Wrongful dismissal in Ontario

That said, an employer may still terminate employment in limited circumstances if the reason is unrelated to the leave itself. These cases are highly fact-specific.

What Happens After the 27 Weeks of Long-Term Illness Leave Ends?

This is where many employees — and employers — get confused.

The ESA sets a minimum standard. When ESA leave ends, other legal protections may still apply.

If your medical condition qualifies as a disability:

• Your employer may have a duty to accommodate under Ontario human rights law
• Accommodation can include additional unpaid medical leave
• The duty continues unless accommodation would cause undue hardship

There is no automatic cutoff once the 27 weeks ends.

Can an Employer End Employment Because the Leave Is “Too Long”?

Not automatically.

Employers sometimes argue that a long absence frustrates the employment contract in Ontario. This applies only in rare situations, such as where:

• There is no reasonable prospect of returning to work, and
• Medical evidence confirms the inability is permanent or indefinite, and
• Accommodation is no longer possible

This argument is frequently misused — and often challenged.

Returning to Work After Long-Term Sick Leave

Returning to work does not have to be all-or-nothing.

A return may involve:

• Modified duties
• Reduced or graduated hours
• Temporary work restrictions
• Ongoing accommodation

How Long-Term Sick Leave Is Different From Stress Leave

“Stress leave” is not a separate ESA category.

Time off for mental health leave in Ontario may still be protected as:

• ESA sick leave (short-term)
• ESA Long-Term Illness Leave (if serious)
• Disability-related accommodation

Key Takeaways About Long-Term Sick Leave in Ontario

• Ontario employees may qualify for up to 27 weeks of ESA-protected Long-Term Illness Leave
• The leave is unpaid, but income support may be available
• Your job is protected while on ESA leave
• Employers can’t fire you because you took medical leave
• Legal protections may continue after ESA leave ends
• Do not resign or accept termination without legal advice

Speak With an Ontario Employment Lawyer About Long-Term Sick Leave

If you’re on long-term sick leave — or your employer is pressuring you to return, resign, or accept termination — get legal advice before your rights are affected.

The Ontario employment lawyers at Samfiru Tumarkin LLP advises non-unionized employees on:

• Long-term sick and medical leave
• ESA Long-Term Illness Leave
• Termination while on leave
• Disability-related accommodation and wrongful dismissal