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Leaves of Absence

  • Your parental leave is coming to an end, but when you contact your employer to confirm your return, you are told that they have eliminated your position. Is there anything you can do?
  • Or perhaps you have a critically ill family member, and have taken an approved leave of absence to care for them. However, your employer continues to email you for assistance throughout your leave. Do you have an obligation to respond?
  • What if you decide to cut your leave short and are refused?
  • Under what grounds are you legally allowed to take a leave of absence?

Employment standards legislation provides for a variety of protected periods of leave. These include:

  • Pregnancy and parental
  • Personal emergency
  • Family medical
  • Family caregiver
  • Critically ill child care
  • Organ donor
  • Crime-related child death or disappearance
  • Military reservist

The types of leave change often, so it is important to keep up to date; you may have rights you didn’t even know about! That said, employees must understand their obligations with respect to qualifying for and taking leave.

There are rules that apply to these leaves in order to protect employees, such as the general obligation to be returned to your pre-leave job and not suffer any adverse consequences for taking leave. There are also rules regarding the process, such as when you have to advise your employer and what to do if you want to end your leave early.

How We Can Help You

These legal issues are more complicated than they might first appear. This is why we offer our services to answer all of your questions. This will help to ensure that you don’t do anything to compromise your rights. It will also help to ensure that you will know what to do if your employer breaches your rights. Our lawyers have the knowledge and experience to address these situations, provide strategic and cost-effective advice, and represent you in order to enforce your rights.

Pregnancy and Parental Leaves

Questions often arise during or after pregnancy and parental leave. How much time can you take? Can you split your parental leave with your partner? What if the company says it has replaced you while you were on leave?

If you feel that your rights are being violated or that you are facing a related legal issue, it is imperative that you seek legal advice.

Rudner Law lawyers have the knowledge and experience to:

  • address pregnancy and parental leaves,
  • provide strategic and cost-effective advice, and
  • represent you in order to enforce your rights.

Medical /Disability Leaves

Employers have an obligation to provide medical or disability leave to an employee who provides appropriate medical documentation justifying such a need. Employees may be entitled to:

  • short-term or long-term disability benefits,
  • leave to provide care and support to family members, and
  • other forms of accommodation.

Personal Emergency Leaves

When personal illness, injury or urgent medical emergencies arise related to you or a family member, the opportunity exists for you to request a leave of absence. This can provide you with  the necessary time and energy away from the workplace to focus on these issues.

Employees are entitled to take up to 10 days each calendar year for the purposes of:

  • personal illness,
  • injury,
  • medical emergency, or for
  • the death, illness, injury or medical emergency or urgent matter concerning certain family members.

This unpaid, job-protected personal emergency leave is available to those working for employers with at least 50 employees.

We can help you understand the law, advising you of the privileges offered to you as an employee.

Book a Consultation

If you think you may need an Employment Lawyer, then you probably do.

Employment Lawyers - Rudner Law
Alternative Dispute Resolution Rudner Law

Rudner Law
15 Allstate Parkway
Suite 600
Markham, ON
L3R 5B4

Phone: 416-864-8500
Text: 416-864-8500


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