To Leave or Not to Leave?

Well, this dilemma is arguably less troublesome now, at least when it comes to long-term illness 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.

For now, this blog post provides a brief overview of this new leave, including eligibility requirements, the significance of this new leave, and what employers should do to ensure compliance.

Long-Term Illness Leave: In Effect

The new 27-week job-protected Long-Term Illness Leave under the Ontario Employment Standards Act, 2000 (the “ESA”) came into effect on June 19, 2025. This leave is designed to provide workers with serious illnesses the necessary time to receive treatment and recover without fear of losing their jobs.

Who is eligible

Employees who cannot perform their duties because of a serious medical condition will be entitled to this new unpaid 27 week leave of absence (in a 52 week period), as long as:

• the employee has at least 13 weeks of consecutive service; and
• the employee provides a medical certificate from a “qualified health practitioner” which (a) states that the employee has a serious medical condition and (b) sets out the period during which the employee will be unable to perform the duties of their position.

What it means

This new leave is a statutory entitlement, which means that an eligible employee can take this unpaid leave even if their employer offers other paid benefits like Short-Term Disability (STD) or Long-Term Disability (LTD). The statutory leave is separate from and in addition to any employer-provided benefits, ensuring job protection for the employee.

In addition, the new leave is job-protected under the ESA, which means that an employee who takes this leave will be entitled to be returned to their previous position or a comparable position upon the completion of their leave, similar to other statutory leaves.

Why it’s important

This new provision is one of the longest provincial leaves in Canada, specifically tailored to support employees facing serious medical conditions. It goes beyond the existing duty to accommodate under the Ontario Human Rights Code by explicitly codifying this protection within the ESA.

With the inclusion of Long-Term Illness Leave in the ESA, the government is signaling a clear emphasis on worker safety and well-being. While employers already have an obligation to accommodate employees with disabilities, this new leave provides a more robust and explicit framework for job protection during extended periods of illness.

What employers should do

Employers should review and update their current workplace policies, especially those pertaining to leaves of absence, to ensure compliance with the new Long-Term Illness Leave. This involves ensuring procedures for managing employee leaves are updated so eligible employees are not denied this leave.

In particular, employers would be well-advised to be mindful of the existing eligibility requirements for this new unpaid leave, as well as the evidence required in support of the leave. If you already provide paid leave to employees in similar situations, consider whether and how the new unpaid ESA leave will interact with the benefits you currently provide. Otherwise, you could inadvertently breach the ESA and be on the hook for liability. For instance, if you provide paid leave for long-term illness, but the evidence required is more onerous than under the ESA’s new leave, you could be violating the ESA despite providing paid leave, which might seem to be a “greater benefit”.

Conclusion

Navigating Ontario’s evolving employment standards is a special skill. So if you are feeling overwhelmed, you are not alone! While it may be daunting to say the least, employers and employees alike should be aware of the changes as it can have a substantial impact on their respective rights and obligations.

We will continue to monitor the changes to the employment law landscape, including leave policies. If you are an employer looking to review and update your policies, or if you are an employee looking to exercise your rights, we would be happy to assist you. As we always say,if you think you need an Employment Lawyer, you probably do!