On April 4, 2024, the Ontario government announced a consultation process on the implementation of a possible unpaid personal long-term illness leave for employees experiencing serious or critical illness, under the Employment Standards Act, 2000.
This potential new long-term job-protected leave of up to 27 weeks, would align Ontario's leave with the length of Federal Employment Insurance (EI) sickness benefits of 26 weeks.
The government would like to know your views on two possible approaches:
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Expand the existing critical illness leave under the ESA to critically ill employees. Align the length of the leave with EI sickness benefits (i.e., 26 weeks plus a one-week EI waiting period); or
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Create a new long-term job-protected leave for employees with a serious medical condition. Align the length of the leave with EI sickness benefits (i.e., 26 weeks plus a one-week EI waiting period).
In both scenarios, to be eligible, the employee must be employed for at least six consecutive months with a supporting medical certificate from a qualified health practitioner.
The 27 weeks would not be required to be taken consecutively or in periods of entire weeks. However, if an employee takes any part of a week as leave, the employer may deem the employee to have taken one week of leave.
To access the discussion paper click here and to provide feedback by May 6, click here.