News & Updates

Employment Standards Act, 2000

sections 49.3,
51-53

sections 49.4,
51-53

sections 49.5,
51-53

Number of Weeks

Up to 8 weeks unpaid leave in each calendar year for each ill relative.

Up to 37 weeks unpaid in any 52 week period for any number of children.

(i.e., If more than 1 child is critically ill, only one 37 week leave per 52 week period is permitted).

Note: This is the total amount of leave permitted by 1 or more employees in respect of same child.

Up to 52 weeks unpaid for crime-related disappearance of child.

Up to 104 weeks for Death of child who died as a result of a crime.

Note: if child is charged with the crime or is a party to the crime, then employee not entitled to leave.

Note: This is the total amount of leave permitted by 1 or more employees in respect of same event.

Additional Leaves

This 3 week leave is addition to any entitlement under sections:

49.1 (Family Medical Leave)

49.4 (Critically Ill Child Care Leave)

49.5 (Crime-Related Child Death/Disappearance Leave)

50 (Emergency Leave)

If an employee’s child remains critically ill after the 52 week period expires, employee is entitled to take another leave.

Also, entitled to additional leave under sections:

49.1 (Family Medical Leave)

49.3 (Family Caregiver Leave)

49.5 (Crime-Related Child Death/Disappearance Leave)

50 (Emergency Leave)

Also, entitled to additional leave under sections:

49.1 (Family Medical Leave)

49.3 (Family Caregiver Leave)

49.4 (Critically Ill Child Care Leave)

50 (Emergency Leave)

If child is found dead more than 52 weeks after the week child disappeared, employee is entitled to take a leave of up to 104 weeks commencing from the day the child disappeared.

Eligibility

No minimum service requirement

Employee must be employed by employer for at least 6 consecutive months.

Employee must be employed by employer for at least 6 consecutive months.

Medical Certificate

Employee must have a Certificate issued from a qualified health practitioner stating that the relative has a serious medical condition which may include a condition that is chronic or episodic.

If employer requests a copy of the Certificate, the employee must provide a copy as soon as possible.

Employee must have a Certificate issued from a qualified health practitioner stating that the child is a critically ill child who requires the care or support of one or more parents and sets out the period during which the child requires the care or support.

If employer requests a copy of the Certificate, the employee must provide a copy as soon as possible.

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“Qualified Health Practitioner”

Includes a physician, registered nurse or psychologist in the jurisdiction where relative is receiving care or treatment.

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Definitions

“Relatives” include:

• Employee’s spouse
• Parent, step-parent or foster parent of the employee or the employee’s spouse
• Child, step-child or foster child of the employee or the employee’s spouse
• grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse
• spouse of a child of the employee
• employee’s brother or sister
• relative of the employee who is dependent on the employee for care or assistance

“Child” includes:

• child, step-child, foster child or child who is under legal guardianship, and who is under 18 years of age.

“Critically ill child” means a child whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury.

“Child” includes:

• child, step-child, foster child or child who is under legal guardianship, and who is under 18 years of age.

When does it begin?

Employee must advise the employer in writing.

If leave is taken prior to advising employer, employee must advise the employer in writing as soon as possible after beginning the leave.

Employee must advise employer in writing and provide employer with a written plan that indicates the weeks in which he/she will take the leave.

If leave is taken prior to advising employer, employee must advise employer in writing together with written plan as soon as possible after beginning the leave.

Leave must be taken beginning in the week the child disappears or dies.

Employee must advise employer in writing and provide employer with a written plan that indicates the weeks in which he/she will take the leave.

If leave is taken prior to advising employer, employee must advise employer in writing together with written plan as soon as possible after beginning the leave.

Employer may require employee to provide evidence reasonable in the circumstances of employee’s entitlement to the leave.

Duration

Weeks of leave must be taken in full weeks (Sunday to Saturday) but do not have to be taken consecutively or in a single block.

If any employee wishes to return partly through a week, he/she may do so if employer agrees whether in writing or not. However, the partial week will count as entire week for the purposes of calculating employee’s entitlement to the 8 week leave.

Weeks of leave must be taken in full weeks (Sunday to Saturday) but do not have to be taken consecutively or in a single block.

If Certificate sets out a period of less than 37 weeks, employee entitled to take only amount set out in Certificate.

Leave ends no later than last day of period specified in Certificate.

If period in Certificate states a period longer than 52 weeks, then leave ends no later than the last day of the 52-week period that begins the earlier of:

1. i. the first day of the week which Certificate was issued; and
2. ii. the first day of the week in which the child became critically ill.

Note: if more than 1 child critically ill as a result of the same event, then leave ends in accordance with the first Certificate issued.

If child dies while employee is on leave, then leave ends at the end of the week in which the child dies.

Weeks of leave must be taken in one consecutive single block.

Change in circumstances:
If employee takes leave and circumstances make it no longer probable that child died or disappeared as a result of a crime, then employee’s entitlement to leave ends on day that it no longer seems probable.

Child Found:

If child is found within the 52 week period, employee is entitled:

1. i. to remain on leave for 14 days after child is found whether dead or alive; or
2. ii. take 104 weeks of leave from the date the child disappeared if the child is found dead, whether or not employee is still on leave when child is found.

Employee’s Rights During Leave

Employment is considered continuous throughout leave for purposes of calculating annual vacation, wage increased, and termination entitlement as well as for pension, medical or other plans of benefit to the employee. Employer must continue to pay benefit premiums but if employee pays part of the benefit premium, employee can elect whether or not to continue to make payments to the benefit premium.

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Return to Employment After Leave

Employee is entitled to reinstatement to the job held prior to leave or a comparable job if the employee’s job no longer exists.

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