laws2

Ontario Leave Laws

laws

Holidays

Paid federal statutory holidays

  • New Year’s Day – 1st January
  • Good Friday – 2 days before Easter Sunday
  • Victoria Day – Monday preceding May 25th 
  • Canada Day – 1st July
  • Labour Day – first Monday of September
  • Thanksgiving Day – second Monday of October
  • Remembrance Day – 11th November
  • Christmas Day – 25th December
  • Boxing Day – 26th December

Provincial Paid holidays

  • New Year’s Day
  • Family Day
  • Good Friday
  • Victoria Day
  • Canada Day
  • Labour Day
  • Thanksgiving Day
  • Christmas Day
  • Boxing Day (December 26)

Civic Holiday – 1st Monday of August is an optional holiday

Remembrance Day is not a statutory holiday in Ontario.

To be eligible to work and receive stat pay, the employee must have:

  • Worked the scheduled shift before and after the holiday

Eligible Pay Rate and/or Entitlement:

  • If the holiday falls on a regular workday: Stat pay + 1.5 times regular rate OR stat pay + one day paid leave (taken no later than three months after the holiday)
  • If the holiday falls on a non-working day: Employee will receive stat pay OR one day paid leave (taken before the next annual vacation)

Vacation

In Ontario, employees are entitled to 2 consecutive weeks of vacation leave after the first year of employment and 3 consecutive weeks of leave after five years of employment.

 

Vacation Pay 

Employees are entitled to vacation pay of 4% of gross wages for the first five years of employment and 6 % of gross wages after five years of employment. 

 

The rollover policy

  • Statutory Provisions Addressing Vacation Pay

Vacation is considered earned wages.

  • Use-It-or-Lose-It Policy

In Canada is illegal to use the policy. 

  • Payment of Accrued Vacation upon Termination

The employee’s earnings must be paid upon termination of employment. The unpaid vacation pay must be paid within seven days of the employment ending.

 

Accruals

  • Vacation and PTO

Vacation pay is calculated as a percentage of the gross wages an employee earns during the “year of employment”.

  • Personal leave and Family Responsibility Leave – Sick Leave

Sick Leave Employees are entitled to up to 3 days of job-protected unpaid leave per year due to a personal illness, injury, or medical emergency.

Family Responsibility Leave provides the same benefits as Sick Leave, but in addition to sick leave, it can be taken due to an urgent matter relating to certain relatives.

Maternity (Pregnancy) Leave and Parental Leave

Maternity Leave

Employees are entitled to up to 17 weeks of unpaid leave. This applies to full-time, part-time, permanent, or term contract employees. An employee is eligible for leave if she started her employment at least 13 months before the date the baby is expected. The earliest leave can begin is 17 weeks before the expected date and latest on the expected date of birth. 

An employee is not entitled to take leave if she has a miscarriage or stillbirth more than 17 weeks before her expected date.

An employee is entitled to take leave if she has a miscarriage or stillbirth within the 17- week period preceding the expected date.

Employees must provide a 2 weeks’ notice and a medical certificate if required.

 

Parental Leave

Employees are entitled to up to 61 or 63 weeks of unpaid leave. This applies to full-time, part-time, permanent, or term contract employees. Employees are eligible for leave if they started their employment 13 months before they leave. It applies to both biological and adoptive parents. Leave must begin no later than 78 weeks after the date the baby is born or came into their home or custody. Parental leave taken by the pregnancy leave is 61 weeks long, all other new parents are entitled to take up to 63 weeks of parental leave. A two weeks’ written notice is required and a medical certificate if required.

Jury Duty Leave

All employers must allow employees to take unpaid leave in order to attend court as jurors. 

Bereavement Leave

  • Employees who have worked at least 2 consecutive weeks are eligible for up to 2 days of job-protected unpaid leave due to a family member’s death. Death Child and Crime-Related Child Disappearance LeaveDeath Child Leave Employees are entitled to up to 104 weeks of job-protected unpaid leave within a 105-week period due to a child’s death.  Employees must work for at least 6 consecutive months to be eligible for leave. Leave must be taken consecutively. Employees may be required to provide reasonable evidence for leave.  Crime-Related Child Disappearance Leave

    Employees are entitled to up to 104 weeks of job-protected unpaid leave within a 105-week period due to the disappearance of a child as a result of a crime. Employees must work for at least 6 consecutive months to be eligible for leave. If the child is found alive, the employee can stay on leave for two additional weeks. If the child is found dead, the employee can start the Death Child Leave up to 104 weeks. Employees may be required to provide reasonable evidence for leave. Leave cannot be taken if the employee if charged with a specific crime.

Compassionate Care Leave (Family Caregiver Leave), Family Medical Leave, Leave Related to Critical Illness and Domestic or sexual violence leave

Compassionate Care Leave (Family Caregiver Leave)

Eligible employees are entitled to up to 8 weeks of job-protected unpaid leave to provide care and support to a family member with a significant risk of dying within a 26-weeks period. A medical certificate is not required before the leave, but it must be eventually provided. Leave can be taken consecutively or separately, no less than a week.

 

Family Medical Leave

Eligible employees are entitled to up to 28 weeks of job-protected unpaid leave within a 52-week period to provide care and support for a family member and people who consider the employee to be like a family member who has a significant risk of dying within a period of 26 weeks.

 

Leave Related to Critical Illness

Eligible employees are entitled to up to 37 weeks of job-protected unpaid leave to care for a critically ill child under the age of 18 and up to 17 weeks of leave to care for a critically ill adult within a 52-week period. A medical certificate is required. A critically ill family member does not have to live in Ontario.  

 

Domestic or Sexual Violence Leave

Employees are entitled to job-protected leave for up to 10 days and 15 weeks per year due to a domestic or sexual violence suffered by the employee or employee’s children. The first five days of leave are paid. Employees have to be employed for at least 13 consecutive weeks to be eligible for leave. Leave may be taken for the following reasons:

  • To seek medical attention for the employee or the child of the employee because of a physical or psychological injury or disability caused by domestic or sexual violence
  • To access services from a victim services organization for the employee or the child of the employee
  • To have psychological or other professional counseling for the employee or the child of the employee
  • To move temporarily or permanently
  • To seek legal or law enforcement assistance, including making a police report or getting ready for or participating in a family court, civil or criminal trial related to or resulting from the domestic or sexual violence

Reservist Leave

Employees who are reservists and who are deployed to an international operation or to an operation within Canada that is or will be providing assistance in dealing with an emergency or its aftermath (including search and rescue operations, recovery from national disasters such as flood relief, military aid following ice storms, and aircraft crash recovery) are entitled to unpaid leave for the time necessary to engage in that operation. 

Employees are eligible for leave if they have been employed for the same employer for at least 6 consecutive months. Employees must provide employers with written notice.