New Unpaid, Job-Protected Leaves Proposed by Ontario Government

April 4, 2013

 

The
Ontario government has introduced legislation, which, if passed, would provide
eligible employees with three new types of unpaid, job-protected leaves of
absence in addition to those leaves already available under the Employment Standards Act, 2000.

The
three proposed leaves are: 1) Family Caregiver Leave; 2) Critically Ill
Childcare Leave; and 3) Crime-Related Child Death or Disappearance Leave.

Family
Caregiver Leave

Under
the proposed legislation, an employee could take an unpaid leave of up to eight
weeks to care for certain individuals when a physician (or other “qualified
health practitioner”) has declared that the individual has a “serious medical
condition”. While not exhaustive, an “individual” includes spouses, parents,
grandparents, children, grandchildren, siblings and dependent relatives.

Critically
Ill Child Care Leave

This
proposed leave would allow an employee, who has been employed for at least six
consecutive months, to take up to 37 weeks of unpaid leave to care for his or
her critically ill child.

Crime-Related
Child Death and Disappearance Leave

This
type of leave would allow an employee, who has been employed for at least six
consecutive months, to take an unpaid leave of up to 104 weeks where his or her
child dies as a result of a crime.
Similarly, that employee would be entitled to a leave of up to 52 weeks
where his or her child has disappeared as a result of a crime. However, an employee would not be entitled to
this leave of absence if he or she is charged with the crime or if it is
probable that the child was a party to the crime.

Miller
Thomson LLP will keep you apprised of all developments with respect to this
proposed legislation.


Disclaimer

This publication is provided as an information service and may include items reported from other sources. We do not warrant its accuracy. This information is not meant as legal opinion or advice.

Miller Thomson LLP uses your contact information to send you information electronically on legal topics, seminars, and firm events that may be of interest to you. If you have any questions about our information practices or obligations under Canada's anti-spam laws, please contact us at privacy@millerthomson.com.

© 2021 Miller Thomson LLP. This publication may be reproduced and distributed in its entirety provided no alterations are made to the form or content. Any other form of reproduction or distribution requires the prior written consent of Miller Thomson LLP which may be requested by contacting newsletters@millerthomson.com.