Quick answer: Eligible Ontario employees with a serious medical condition may take up to 27 weeks of unpaid, job-protected long-term illness leave in a 52-week period. The employee generally needs at least 13 consecutive weeks of service and a certificate from a qualified health practitioner.
Who is eligible?
The leave is intended for an employee who cannot perform the duties of their position because of a serious medical condition. The condition may be chronic or episodic. The employee normally must have worked for the employer for at least 13 consecutive weeks.
How much leave is available?
The maximum is 27 weeks in a 52-week period. The weeks do not always need to be consecutive, but each period must be supported by the medical certificate and fit within the statutory rules.
Medical certificate requirements
A qualified health practitioner must issue a certificate confirming that the employee has a serious medical condition and stating the period during which the employee will not perform their job duties. The employer may request a copy.
Is the leave paid?
The ESA leave is unpaid. An employee may separately qualify for employer disability benefits, private insurance or federal Employment Insurance sickness benefits. These programs have their own applications and medical requirements.
Job and benefit protection
During an ESA leave, most employees continue to participate in benefit plans unless they choose in writing not to. On return, the employer generally must reinstate the employee to the same job or a comparable job, subject to lawful exceptions.
How to request the leave
- Notify the employer in writing as early as possible.
- State the expected start date and duration.
- Obtain the required medical certificate.
- Keep copies of all correspondence.
- Update the employer if the certified period changes.
Check Ontario’s official long-term illness leave guide. For shorter absences, read our Ontario sick leave guide; for income support, see how to apply for EI.
This article is general information, not legal or medical advice.
Leave a Reply