A leave of absence in Ontario is time away from work while you remain employed, and many types of leave are legally protected under the Employment Standards Act (ESA).

Ontario employees can have job-protected leave rights for pregnancy, parenting, illness, caregiving, bereavement, domestic or sexual violence, military service and other qualifying events. If you qualify for an ESA leave, your employer can’t simply refuse it because your absence is inconvenient.

The type of leave matters because each has different eligibility, length, notice and documentation rules. Don’t simply stop attending work or resign because you need time away. Identify which leave applies and notify your employer as required.

⚠️ Need an extended medical or family-related absence? Don’t resign because your employer says you have “used up your leave.” ESA leave, disability accommodation and other workplace rights can overlap.

On This Page:

What Types of Leave of Absence Are Available in Ontario?

Ontario’s ESA provides a broad range of job-protected leaves for employees who meet the requirements of the particular leave.

Leave Basic Entitlement Paid?
Pregnancy / Maternity Leave Generally up to 17 weeks Unpaid
Parental Leave Up to 61 or 63 weeks Unpaid
Sick Leave 3 days per calendar year Unpaid
Long-Term Illness Leave Up to 27 weeks in a 52-week period Unpaid
Bereavement Leave 2 days per calendar year Unpaid
Family Responsibility Leave 3 days per calendar year Unpaid
Family Caregiver Leave Up to 8 weeks per family member per calendar year Unpaid
Family Medical Leave Up to 28 weeks in a 52-week period Unpaid
Critical Illness Leave Up to 17 weeks for an adult or 37 weeks for a minor child Unpaid
Domestic or Sexual Violence Leave Up to 10 days and 15 weeks per calendar year First 5 days paid
Organ Donor Leave Up to 13 weeks, with a possible 13-week extension Unpaid
Child Death Leave Up to 104 weeks Unpaid
Reservist Leave For qualifying military service, deployment, training or related recovery Unpaid
Declared Emergency Leave For qualifying circumstances during a declared emergency Unpaid

Ontario also provides crime-related child disappearance leave and infectious disease emergency leave in qualifying circumstances.

💡 Each leave has its own rules. Qualifying for one Ontario leave does not necessarily mean you qualify for another, even when both relate to the same illness or family event.

Maternity and parental leave

Ontario’s ESA calls maternity leave pregnancy leave. Eligible pregnant employees can generally take up to 17 weeks, followed by up to 61 weeks of parental leave.

Other new parents can generally take up to 63 weeks of parental leave in Ontario.

Short-term and long-term illness

Ontario provides up to three unpaid sick days each calendar year for eligible employees.

Since June 19, 2025, eligible employees with a serious medical condition can also receive up to 27 weeks of long-term illness leave in a 52-week period with the required medical certificate.

Family and caregiving leaves

Ontario provides several different leaves depending on the seriousness of the family member’s condition and the type of care required.

These include family responsibility leave, family caregiver leave, family medical leave and critical illness leave.

Are Stress Leave, Paternity Leave and Personal Days Separate Ontario Leaves?

Not always. Several common leave-of-absence terms describe employee situations rather than separate statutory leaves under Ontario’s ESA.

Is there paternity leave in Ontario?

There is no separate ESA leave called paternity leave. Fathers and other non-birth parents generally use parental leave.

See our guide to paternity leave in Ontario for how those rights work.

Is stress leave available in Ontario?

Yes, employees can take legally protected time away for a qualifying mental health condition, but “stress leave” is not a separate ESA leave category.

Depending on the circumstances, protection can come from sick leave, long-term illness leave and the employer’s duty to accommodate a disability. See stress leave in Ontario.

Do Ontario employees get personal days?

Ontario does not provide a general bank of ESA “personal days” that can be used for any reason.

Depending on why you need the time off, you could instead qualify for sick leave, family responsibility leave, bereavement leave or another protected absence. See our guide to personal days in Ontario.

Is compassionate care leave available?

Ontario employees caring for a family member facing a serious medical condition with a significant risk of death can qualify for family medical leave.

Federal EI compassionate care benefits can provide income in qualifying cases. See our guide to compassionate care leave in Ontario.

Are Leaves of Absence Paid in Ontario?

Most job-protected leaves under Ontario’s ESA are unpaid by the employer.

The main ESA exception among the leaves discussed above is domestic or sexual violence leave, where the first five days taken in a calendar year are paid.

You can still receive income while on an unpaid leave through:

Can you receive EI while on leave?

Yes, some leaves can overlap with federal EI benefits, including maternity, parental, sickness, compassionate care and family caregiving benefits.

EI provides income. Ontario employment law protects your time away and your employment. The eligibility rules and maximum periods are not necessarily the same.

How Do You Take a Leave of Absence in Ontario?

If you qualify for a statutory leave, notify your employer and provide the notice or documentation required for that specific leave.

As a practical matter:

  1. Identify the correct leave. The reason for your absence determines which rules apply.
  2. Notify your employer promptly. Give written notice where the ESA requires it.
  3. Provide permitted documentation. Some medical and caregiving leaves require a certificate or other evidence.
  4. Keep copies. Save your request, supporting documents and your employer’s response.
  5. Confirm your return date. Follow the notice rules that apply if your plans change.

There is no single government form that every Ontario employee must use to take an ESA leave.

Can your employer demand a doctor’s note?

It depends on the leave. Ontario employers can’t require a medical certificate from a qualified health practitioner for the three-day ESA sick leave entitlement, but medical documentation is specifically required for certain other leaves.

For example, long-term illness leave requires a certificate from a qualified health practitioner confirming a serious medical condition and the period you will not be working.

Is Your Job Protected During a Leave of Absence in Ontario?

Yes. If you properly take an ESA-protected leave, your employer can’t punish or fire you because you exercised that right.

Job protection can include:

  • Continued employment while you are on leave
  • Protection of seniority and length of service
  • Continuation of benefit-plan participation for most ESA leaves
  • Reinstatement to your former position or a comparable position
  • Protection against discipline or other penalties for taking the leave

There are leave-specific exceptions. Reservist leave, for example, has different benefit-plan and reinstatement rules.

Does vacation continue while you are on leave?

The employment relationship continues during an ESA leave, so the leave generally counts toward completion of your vacation entitlement year. You do not lose your statutory vacation entitlement simply because you took protected leave.

Can your employer contact you while you are on leave?

Yes. Reasonable communication about documentation, benefits or your expected return date is normally permitted.

That is different from pressuring you to abandon protected leave or requiring you to perform work while you are unable or not required to work.

What If You Need More Medical Leave Than the ESA Provides?

Running out of ESA leave does not automatically mean your employer can force you back to work or terminate your employment.

If an illness or mental health condition amounts to a disability under Ontario’s Human Rights Code, your employer can have a separate duty to accommodate you to the point of undue hardship.

Accommodation can include:

  • Additional time away from work
  • A gradual return to work
  • Reduced or modified hours
  • Modified duties
💡 Statutory leave and disability accommodation are separate protections. The end of your long-term illness leave does not automatically mean your employment rights have ended.

Can you be fired while on a leave of absence?

Yes, but not because you took or qualified for a protected leave.

An employer can still terminate employment for a legitimate reason completely unrelated to the leave, such as a genuine business closure. However, it can’t use a leave as the reason or a factor in deciding to punish or fire you.

If you are terminated while on leave, you can still have substantial severance pay rights in Ontario. A non-unionized employee’s full severance can be much greater than ESA minimums and, depending on factors such as age, position, service and the availability of similar work, can reach 24 months’ pay.

⚠️ Don’t resign if your employer refuses your leave, says your job is gone or pressures you to return before you are medically able. You can have reinstatement, accommodation, reprisal, constructive dismissal or severance rights that should be reviewed first.

Leave of Absence Ontario FAQs

Can my employer deny a leave of absence in Ontario?

Not if you qualify for an ESA-protected leave and satisfy its requirements. A purely personal leave that is not legally protected can require your employer’s approval.

How long can you take a leave of absence in Ontario?

It depends on the leave. Ontario entitlements range from individual days to more than a year for certain protected circumstances.

Can I take unpaid leave for personal reasons?

You can ask, but Ontario does not provide a general right to unlimited unpaid personal leave. See personal days in Ontario.

Can I take leave because of stress or anxiety?

Yes, if your condition qualifies for sick leave, long-term illness leave or disability accommodation. See stress leave in Ontario.

Can I take time off after a family member dies?

Yes. Eligible employees can receive up to two unpaid ESA bereavement leave days each calendar year, with separate longer protection available when an employee’s child dies.

Is compassionate care leave paid in Ontario?

The Ontario job-protected leave itself is generally unpaid, but qualifying employees can receive federal EI compassionate care benefits. See compassionate care leave in Ontario.

Ontario employees have many different leave rights, but the correct entitlement depends on why you need to be away from work. Identify the applicable leave before assuming your employer can refuse the absence or require you to use vacation instead.

Samfiru Tumarkin LLP helps non-unionized Ontario employees dealing with denied leave, disability accommodation, pressure to return early, reprisals and termination during or after a protected absence.

⚠️ Unionized? Leave-of-absence, accommodation and termination disputes must be addressed through your union and the grievance process. Samfiru Tumarkin LLP’s employment law team can’t assist with unionized workplace disputes.

Has Your Ontario Leave Been Denied?

If your employer refuses protected leave, pressures you to return early or threatens your job, understand your rights before resigning or signing anything.

Book Your Consultation