Ontario’s Employment Standards Act provides 19+ job-protected, unpaid leaves covering everything from pregnancy and parental leave to sick days, family crises, and domestic violence. As of June 2025, a new Long-Term Illness Leave adds up to 27 weeks for employees with serious medical conditions. Employers who fail to reinstate employees, continue benefits, or improperly deny leave face significant ESA liability — regardless of company size.
Ontario has one of the most comprehensive leave frameworks in North America. For employers — especially those without a dedicated HR team — keeping up with all the entitlements, eligibility rules, and recent amendments is genuinely difficult. The Employment Standards Act has been amended five times since 2018 through the Working for Workers series, and more changes took effect in 2025.
This guide covers every job-protected leave under the ESA, what employers are actually required to do, and where things typically go wrong.
What Are Job-Protected Leaves Under the Ontario ESA?
A job-protected leave is a period of time off work that an employee is legally entitled to take. The employer cannot discipline, demote, or terminate an employee for exercising this right. Upon return, the employee must be reinstated to the same position — or a comparable one with equivalent pay, benefits, and seniority — if the original position no longer exists.
The key word is job-protected. That protection is the core obligation. The leaves themselves are generally unpaid at the employer level (though some have provincial or federal income support programs attached).
Every Ontario employer is covered by the ESA regardless of company size. There is no “small business exemption” for leaves.
All Ontario ESA Leaves at a Glance (2025–2026)
The following table summarizes every job-protected leave currently available under the ESA. Eligibility thresholds are based on continuous employment with the same employer unless otherwise noted.
| Leave Type | Maximum Duration | Eligibility | Paid? |
|---|---|---|---|
| Pregnancy (Maternity) Leave | 17 weeks | 13 weeks employment | No (EI available) |
| Parental Leave (birth mother) | 61 weeks | 13 weeks employment | No (EI available) |
| Parental Leave (all other parents) | 63 weeks | 13 weeks employment | No (EI available) |
| Sick Leave | 3 days/year | Any employee | No |
| Long-Term Illness Leave ⭐ NEW | 27 weeks per 52 weeks | 13 weeks employment | No |
| Family Responsibility Leave | 3 days/year | Any employee | No |
| Family Caregiver Leave | 8 weeks/year per family member | Any employee | No |
| Family Medical Leave | 28 weeks per 52-week period | Any employee | No (EI compassionate care available) |
| Critical Illness Leave (child under 18) | 37 weeks | 6 months employment | No |
| Critical Illness Leave (adult) | 17 weeks | 6 months employment | No |
| Bereavement Leave | 2 days/year | Any employee | No |
| Domestic or Sexual Violence Leave | 10 days + 15 weeks/year | 13 weeks employment | First 5 days paid |
| Child Death Leave | Up to 104 weeks | 6 months employment | No |
| Crime-Related Child Disappearance Leave | Up to 104 weeks | 6 months employment | No |
| Organ Donor Leave | 13 weeks | 13 weeks employment | No |
| Reservist Leave | Up to 8 weeks (annual training) | 6 months employment | No |
| Adoption/Surrogacy Leave ⭐ NEW | 16 weeks | 13 weeks employment | No |
| Infectious Disease Emergency Leave | Duration of emergency | Any employee | No |
⭐ = New or significantly updated leave effective 2025
Pregnancy and Parental Leave in Detail
Pregnancy leave and parental leave are the most commonly misunderstood — and most litigated — leaves in the Ontario workplace. Here is how they actually work.
Pregnancy Leave
Pregnancy leave is available to the birth parent only. It provides up to 17 weeks of unpaid, job-protected leave. Key rules:
- Requires a minimum of 13 weeks of continuous employment with the same employer before the estimated due date
- Can start as early as 17 weeks before the due date
- Must begin no later than the baby’s birth date (the leave cannot be delayed)
- Cannot be paused and restarted — once begun, it runs consecutively
- Applies equally to full-time, part-time, casual, and temporary employees who meet the threshold
- Employee must give at least 2 weeks’ written notice before starting the leave, stating the start date and expected return date
Parental Leave
Parental leave applies to all parents: birth mothers, fathers, adoptive parents, non-birthing parents in same-sex relationships, and parents through surrogacy.
- Birth mothers who took pregnancy leave: up to 61 weeks of parental leave
- All other parents (including birth fathers and adoptive parents): up to 63 weeks
- Must begin within 78 weeks of the child’s birth or the child first coming into the employee’s care
- Both parents can take parental leave simultaneously if they work for different employers
- Adoptive parents have the same entitlements as birth parents
- Requires 2 weeks’ written notice before starting
EI vs. ESA: Two Separate Systems
This is where employers and employees most often get confused. The Ontario ESA and federal Employment Insurance (EI) operate independently.
| Ontario ESA | Federal EI | |
|---|---|---|
| Purpose | Job protection | Income replacement |
| Who administers it | Ontario Ministry of Labour | Employment and Social Development Canada (ESDC) |
| Maternity EI | N/A | 15 weeks at 55% of average weekly earnings (max ~$695/week, 2025) |
| Standard Parental EI | N/A | Up to 40 weeks at 55% (max ~$695/week); max 35 weeks per parent |
| Extended Parental EI | N/A | Up to 61 weeks at 33% over 18 months (max ~$417/week, 2025) |
| EI eligibility requirement | N/A | 600 insurable hours in the previous 52 weeks |
| Employer’s role | Grant leave, continue benefits, reinstate | Issue ROE; employee applies directly to ESDC |
An employee can qualify for ESA job protection without qualifying for EI, and vice versa. Employers are not responsible for EI payments — but they are responsible for issuing a Record of Employment (ROE) accurately and on time when an employee begins leave, which is necessary for the EI claim to proceed.
What Employers Must Do During Any Leave
These obligations apply to every job-protected leave, not just pregnancy and parental:
- Reinstate on return. The employee must return to the same position, or a comparable position with the same wages, benefits, and seniority, if the original role no longer exists. “We had to replace you while you were gone” is not a valid reason to deny reinstatement.
- Continue benefits. Group benefit plan contributions (health, dental, pension) must continue during leave unless the employee opts out in writing. Stopping benefits unilaterally is an ESA violation.
- No penalization. Disciplining, demoting, reducing pay, or terminating an employee because of a leave — or the exercise of a leave right — is a reprisal and triggers ESA liability. This applies even to informal pressure to return early.
- No fitness-to-return requirement. For pregnancy and parental leave specifically, employers cannot require a doctor’s note confirming the employee is fit to return. Asking for one is itself a violation.
- No sick note for sick leave. As of October 28, 2024 (Working for Workers Five Act), employers can no longer require a medical certificate for the 3-day annual sick leave. A signed self-attestation from the employee is the most that can be requested.
- Maintain seniority and benefits accrual. Leave time counts toward seniority, pension eligibility, and other length-of-service-based entitlements. The leave cannot create a gap in the employment record that disadvantages the employee.
New and Updated Leaves for 2025–2026
Long-Term Illness Leave (Effective June 19, 2025)
This is the most significant addition to the ESA leave framework in years. Employees who have been with the same employer for 13+ consecutive weeks and have a “serious medical condition” certified by a qualified health practitioner are entitled to up to 27 weeks of unpaid, job-protected leave per 52-week period.
What qualifies as a serious medical condition is defined broadly — it includes physical and mental health conditions alike. The certificate requirement means employees cannot claim this leave without medical support, which distinguishes it from the short-term 3-day sick leave.
This leave is separate and in addition to existing sick leave entitlements. An employee can take their 3 unpaid sick days and still qualify for long-term illness leave.
Adoption and Surrogacy Leave (2025)
A new 16-week unpaid, job-protected leave for employees who receive a child through adoption or surrogacy. This aligns with the corresponding 15-week federal EI benefit introduced for adoptive parents. Eligibility requires 13 weeks of continuous employment.
Common Employer Mistakes (and the Consequences)
| Mistake | What Goes Wrong | Consequence |
|---|---|---|
| Terminating the returning employee | Treating the permanent replacement as the incumbent | ESA reprisal finding; reinstatement order; back pay; Human Rights claim if pregnancy-related |
| Requiring a fitness-to-return note after parental leave | Applying physical disability return-to-work processes to parental leave | ESA violation; potential Human Rights complaint if tied to pregnancy |
| Stopping benefits during leave | Assuming unpaid leave = no benefit continuation obligation | ESA violation; employer liable for out-of-pocket expenses the employee incurred |
| Using “paternity leave” or only offering parental leave to birth mothers | Treating fathers or same-sex partners differently | Human Rights Code discrimination on the basis of family status or sex |
| Requiring a sick note for 3-day sick leave | Not updating policies after Working for Workers Five Act (Oct 2024) | ESA violation; employee complaint to Ministry of Labour |
| Confusing Family Medical Leave and Family Caregiver Leave | Denying or incorrectly limiting leave because the wrong provision was applied | ESA violation; potential reprisal claim |
| Forgetting the paid component of Domestic Violence Leave | Treating all 10 days as unpaid | ESA violation; employee entitled to wages for first 5 days |
| Not updating leave policies after the 2025 ESA changes | Operating under outdated employee handbooks | Policy misalignment creates risk in any leave dispute |
When to Get HR Support
Most Ontario employers are not employment lawyers, and they shouldn’t have to be. But leave management is an area where the stakes are high — a reinstated employee scenario or an improperly denied leave can quickly become a Ministry of Labour investigation, a Human Rights Tribunal application, or a civil wrongful dismissal claim.
Consider working with an HR consultant or fractional HR professional when:
- An employee is about to begin a leave that you haven’t managed before
- You’re updating your employee handbook and leave policies
- An employee has been on leave for an extended period and you are uncertain about reinstatement obligations
- You received a Ministry of Labour inquiry related to a leave dispute
- You are considering terminating a position occupied by someone on leave
See also: Employee Handbook Ontario | Duty to Accommodate Ontario | Termination and Severance Pay Ontario
HRX Connect works with Ontario employers to set up leave management processes, update handbook policies, and handle complex reinstatement situations. Talk to an HR consultant today.
Frequently Asked Questions
Does an employer have to pay employees on maternity or parental leave in Ontario?
No. Both leaves are unpaid under the ESA. Income replacement is provided through federal Employment Insurance (EI) — either 55% of average weekly earnings under standard parental benefits, or 33% under extended benefits. The ESA protects the job; EI provides the income.
Do part-time and casual employees qualify for maternity or parental leave in Ontario?
Yes. Eligibility for pregnancy and parental leave requires 13 weeks of continuous employment with the same employer, regardless of whether the employee works full-time, part-time, casual, or temporary hours. Employment status does not affect the entitlement.
Can I require an employee to provide a doctor’s note to return from parental leave?
No. Requiring a medical certificate confirming fitness to return from pregnancy or parental leave is an ESA violation. The employee simply provides the required notice of their return date.
What is the new Long-Term Illness Leave in Ontario?
Effective June 19, 2025, employees with 13+ weeks of employment who have a serious medical condition certified by a qualified health practitioner are entitled to up to 27 weeks of unpaid, job-protected leave per 52-week period. This leave supplements, not replaces, the existing 3-day sick leave.
Can both parents take parental leave at the same time in Ontario?
Yes, both parents can take parental leave simultaneously, provided they work for different employers. Each employer is separately obligated to grant the leave. EI parental benefits, however, must be shared — no single parent can receive more than 35 weeks under standard benefits.
What happens to employee benefits during a leave of absence?
Employers must continue group benefit plan contributions during any ESA leave unless the employee chooses to opt out. This applies to health, dental, and pension benefits. Stopping contributions without consent is an ESA violation.
Can I terminate an employee who is on a leave of absence?
No. Terminating, demoting, or penalizing an employee because they took or intended to take a job-protected leave is a reprisal under the ESA. The employee has the right to be reinstated to the same or a comparable position upon return.
Sources: Ontario.ca — Pregnancy and Parental Leave | Employment Standards Act, 2000 | ESDC — EI Maternity and Parental Benefits | Ontario Human Rights Code