Leaves of Absence - Articles & Videos
Case Law Update: Vague Medical Notes Insufficient to Prove Disability and Trigger Accommodation
When an employee requests time off for medical reasons, employers are often left wondering how much medical information they are entitled to request and what their accommodation obligations are. A recent decision from the Human Rights Tribunal of Ontario (the “HRTO”) highlights the limitations of vague medical notes and reinforces that employees must establish that they have a protected right under the Human Rights Code (the “Code”) in order to be entitled to accommodation.
To Leave or Not to Leave?
Ontario’s employment landscape is undergoing significant shifts, with new legislative developments aimed at enhancing worker protections and ensuring fair treatment. As of June 19, 2025, a new long-term illness leave has come into effect. Instead of employers having to go through the usual accommodation process – considering options for accommodation and proposing a reasonable accommodation based on the employee’s legitimate needs – this new leave is now codified under the statute, with specific eligibility and evidentiary requirements. Will this make things easier for employers and employees? Presumably yes, but only time will tell.
Ghosting in (Employment) Relationships
Whether you are an employer or an employee, you have rights and obligations at each stage of the relationship and you do not have to necessarily “tolerate” ghosting from the other side.
Sabbatical Leave – Still Largely for Professors
Whatever the reason, employees who are considering further education often ask: can I take a leave of absence from my job to go back to school?
Benke v Loblaw: Unpaid Leave for Refusing to Follow Mask Policy Was Not a Constructive Dismissal
Nadia Zaman discusses Benke v Loblaw Companies Limited, in which the court found that placing an employee on an unpaid leave, after they refused to follow the company’s mask policy, did not constitute constructive dismissal.
Jury Duty: What Employers and Employees Should Know – Rudner Law Video Update
There is sometimes confusion about jury duty: will the leave be paid, or unpaid? Does the employee need to seek permission to be away from work?
Personal Emergency Leave in Ontario
Prior to January 1st, 2018, employers with 50 or more employees were obligated to provide employees with ten unpaid “Personal Emergency” days. Bill 148 eliminated the 50 employee threshold, and introduced a new requirement that the first two days of the ten-day entitlement be paid.
