Organ donor leave in Ontario gives eligible employees up to 13 weeks of unpaid, job-protected leave to undergo organ donation surgery and recover, with up to another 13 weeks available when additional recovery time is medically necessary.
You qualify after working for your employer for at least 13 weeks and undergoing surgery to donate all or part of a kidney, liver, lung, pancreas or small bowel to another person.
If you qualify, your employer can’t refuse the leave because your absence is inconvenient. Give at least two weeks’ written notice where possible and provide a medical certificate if your employer requests one.
On This Page:
- 1. How Long Is Organ Donor Leave?
- 2. Who Qualifies?
- 3. Which Organ Donations Are Covered?
- 4. Notice & Medical Certificates
- 5. Is Organ Donor Leave Paid?
- 6. Job Protection & Returning to Work
- 7. FAQs
How Long Is Organ Donor Leave in Ontario?
Ontario organ donor leave lasts up to 13 weeks and can be extended by up to another 13 weeks, for a maximum of 26 weeks.
The standard leave normally begins on the date of your organ donation surgery.
A legally qualified medical practitioner can specify that your leave should begin earlier than the surgery date when medically necessary.
How do you extend organ donor leave?
You can extend your leave if a doctor confirms that you are still unable to perform your job because of the organ donation.
The medical certificate must state that you remain unable to perform your position and identify how long that inability is expected to continue.
The leave can be extended more than once, but all extensions combined can’t exceed 13 weeks.
That means the maximum ESA organ donor leave is:
13 weeks of initial leave + up to 13 weeks of extensions = 26 weeks total.
Can your employer make you return before the doctor says you are ready?
Not if you remain entitled to an extension supported by the required medical certificate.
Your employer can’t simply override medically supported organ donor leave because it wants you back sooner.
Who Qualifies for Organ Donor Leave in Ontario?
You qualify for Ontario organ donor leave after at least 13 weeks of employment if you undergo surgery to donate all or part of a covered organ to another person.
The entitlement applies to ESA-covered employees whether they are:
- Full-time
- Part-time
- Permanent
- Working under a fixed-term contract
Do you need to work for six months before qualifying?
No. The minimum employment period is 13 weeks.
Does the person receiving the organ have to be a family member?
No. Ontario’s organ donor leave is not restricted to donations made to relatives.
The ESA requires you to undergo qualifying surgery to donate an organ to another person.
Which Organ Donations Qualify for Leave in Ontario?
Ontario’s ESA currently protects leave for surgery to donate all or part of five specified organs.
They are:
- Kidney
- Liver
- Lung
- Pancreas
- Small bowel
Does kidney donation qualify?
Yes. Surgery to donate a kidney is expressly covered by Ontario’s organ donor leave provisions.
Does donating part of your liver qualify?
Yes. The ESA covers donation of all or part of a listed organ, including part of the liver.
Does bone marrow donation qualify for organ donor leave?
No, not under Ontario’s current ESA organ donor leave provisions.
The ESA allows regulations to add qualifying tissue, but no tissue is currently prescribed for this leave. Bone marrow donation can still create rights under an employer sick-leave plan or another applicable medical-leave entitlement.
How Do You Request Organ Donor Leave?
You should give your employer at least two weeks’ written notice before beginning or extending organ donor leave whenever possible.
If two weeks’ advance notice is not possible, provide written notice as soon as possible after the leave or extension begins.
Do you lose the leave if you can’t give two weeks’ notice?
No. Failing to provide advance notice does not eliminate the leave if you otherwise satisfy the ESA requirements.
You should still notify your employer in writing as soon as possible.
Can your employer ask for a medical certificate?
Yes. Your employer can request a certificate from a legally qualified medical practitioner to confirm your entitlement.
A certificate can be requested to confirm:
- That you will undergo or have undergone organ donation surgery
- That your leave needs to begin before the surgery date
- That you remain unable to perform your job and require an extension
If requested, provide the certificate as soon as possible.
Can you return to work early?
Yes, but you must give your employer at least two weeks’ written notice if you want to end the leave early.
Your employer can refuse an earlier return if you do not provide the required notice.
Is Organ Donor Leave Paid in Ontario?
No. Ontario’s ESA does not require your employer to pay wages during organ donor leave.
You can still have income available through:
- Employer-paid sick leave
- Short-term disability coverage
- Another employer benefit program
- EI sickness benefits if you meet the federal eligibility requirements
Can organ donors get EI sickness benefits?
Yes, potentially, if your recovery leaves you medically unable to work and you meet the EI sickness-benefit requirements.
EI sickness benefits can provide up to 26 weeks of financial assistance for employees who can’t work for medical reasons and have the required medical certification.
In 2026, EI sickness benefits generally replace 55% of insurable earnings up to a maximum of $729 per week.
Is Your Job Protected During Organ Donor Leave?
Yes. Your employer can’t threaten, fire or penalize you because you take, plan to take or qualify for organ donor leave.
Your ESA protections generally include:
- Continuation of length of employment, service and seniority
- Continued participation in qualifying pension and benefit plans
- Continued employer contributions to those plans where required
- Reinstatement to your previous position or a comparable position when the leave ends
- Protection against discipline or reprisal for exercising your leave rights
Does your employer have to keep your benefits active?
Yes, qualifying benefit plans generally continue during organ donor leave unless you elect in writing not to participate.
Protected plans can include pension, life insurance, accidental death, extended health and dental benefits.
Do you return to the same job?
Yes, if your previous position still exists. If it no longer exists, your employer must generally reinstate you to a comparable position.
Can you be fired while on organ donor leave?
Your employer can’t fire you because you took or planned to take organ donor leave.
A termination can still occur for a genuine reason completely unrelated to the leave, such as a legitimate elimination of the position.
What if you still can’t return after 26 weeks?
The maximum ESA organ donor leave is 26 weeks, but reaching that limit does not necessarily end every other employment right.
If complications or another serious medical condition continue to prevent you from working, separate rights can arise under Ontario’s long-term illness leave rules or disability-accommodation law where their requirements are met.
For the broader provincial leave framework, see our Leave of Absence Ontario guide.
Organ Donor Leave Ontario FAQs
How long is organ donor leave in Ontario?
Up to 13 weeks initially, with medically supported extensions of up to another 13 weeks for a maximum of 26 weeks.
How long do you have to work before qualifying?
You must have worked for your employer for at least 13 weeks.
Is organ donor leave paid?
No. The ESA leave is unpaid, although EI sickness benefits, disability coverage or employer-paid benefits can provide income in qualifying circumstances.
Which organs qualify?
Kidney, liver, lung, pancreas and small bowel donations are currently covered.
Can I take leave to donate a kidney?
Yes. Kidney donation is expressly covered by Ontario’s organ donor leave rules.
Does bone marrow donation qualify?
Not under the current ESA organ donor leave provisions. Other sick-leave, medical-leave or employer benefit rights can still apply.
Do I need a doctor’s note?
Your employer can require a medical certificate confirming the donation surgery or supporting an early start or extension of the leave.
Can my employer refuse organ donor leave?
Not if you satisfy the ESA requirements. Your employer can require the written notice and medical documentation permitted by law.
Can I be fired for donating an organ?
No. Your employer can’t punish or terminate you because you take or plan to take protected organ donor leave.
Ontario organ donor leave allows employees to undergo qualifying donation surgery and recover without having to give up their employment. If recovery takes longer than expected, medical documentation can extend the statutory leave to as much as 26 weeks.
Samfiru Tumarkin LLP advises non-unionized Ontario employees dealing with denied protected leave, benefit problems, return-to-work disputes, reprisals and termination connected to medical absences.