Managing long-term illness leave will mean navigating both ESA and Ontario Human Rights Code, lawyer says

Starting this summer, Ontario workers dealing with serious illness or disabilities will gain access to protected job leave.

Under provisions introduced in Ontario’s Working for Workers Six Act of 2024, unpaid long-term illness leaves will come into effect on June 19.

According to the Employment Standards Act (ESA), this new amendment will allow employees who have worked for employers for 13 consecutive weeks to take 27 weeks of unpaid illness leave within a 52-week period.

So, what does this mean for employers—and how should they prepare?

“Employers should be reviewing their existing discrimination and leave policies to make sure that they align with the incoming requirements,” says Frank Portman, an employment lawyer from Massey LLP. “In particular, balancing the overlapping obligations of the ESA and Ontario’s Human Rights Code.”

Conditions of long-term leave

According to the government, to be eligible for the leave, employees must meet two conditions: they must have a serious medical condition, and they must provide a certificate from a qualified health practitioner confirming both the condition and the length of time the employee will not be able to work due to the condition.

The leave does not have to be taken consecutively, and employers are required to reinstate employees to their job or a comparable one once they return.

Like other changes under the Working...

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