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HIRING IN CANADA

Employment Legislations

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EMERGENCY LEAVE

Qualifying for Emergency leave

What is Emergency leave?

Emergency leave is unpaid, job-protected leave of up to 10 days each year.

Emergency leave may be taken in the case of illness, injury and certain other emergencies and urgent matters.

Who can take Emergency leave?

Employees who work for employers that regularly employ at least 50 employees are entitled to Emergency leave.

What if an employee works for an employer that regularly employs fewer than 50 employees?

The employee is not entitled to Emergency leave under the ESA.

For what reasons can an unpaid Emergency leave be taken?

An employee who is entitled to Emergency leave can take up to 10 days' unpaid leave of absence due to:

  • personal illness, injury or medical emergency, and
  • death, illness, injury, medical emergency of or urgent matters relating to:
    • a spouse or same-sex partner
    • a parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step-grandchild of the employee, the employee's spouse or the employee's same-sex partner
    • the spouse or same-sex partner of an employee's child
    • a brother or sister of the employee
    • a relative of the employee who is dependent on the employee for care or assistance.

Is Emergency leave the same as sickness or bereavement leave?

No. Unpaid Emergency leave can be taken because of illness or death in particular circumstances. Sickness or bereavement leaves, however, are often part of a workplace policy or employment contract, or covered under employer benefit plans.

Is Emergency leave the same as Family Medical Leave?

No. Emergency leave is unpaid, job-protected leave of up to 10 days each calendar year. Emergency leave may be taken in the case of personal illness, injury or medical emergency and the death, illness, injury, medical emergency of or urgent matters relating to certain family members and dependent relatives.

Family Medical leave, on the other hand, is unpaid, job-protected leave of up to eight (8) weeks in a 26 week period. Family Medical leave may be taken to provide care and support to certain family members for whom a qualified health practitioner has issued a certificate stating that this family member has a serious illness with a significant risk of death occurring within a period of 26 weeks.

Further, while only employees who work for employers that regularly employ at least 50 employees are entitled to Emergency leave, this is not a requirement for Family Medical leave. The persons for whom a Family Medical leave may be taken differ from the persons specified for Emergency leave. See the "Family Medical Leave" Fact Sheet for further information about Family Medical leave.

Am I entitled to both Emergency leave and Family Medical leave?

An employee may be entitled to both leaves. They are separate leaves and the right to each leave is independent of any right an employee may have to the other leave. An employee who qualifies for both leaves would have full entitlement to each leave.

Rights and Responsibilities

How long is an Emergency leave?

An Emergency leave of absence can last up to 10 days a year.

Does Emergency leave have to be taken all at one time?

The 10 days of an Emergency leave don't have to be taken consecutively.

However, Emergency leave is generally counted in full days. Even if an employee takes only part of a day as an Emergency leave, the employer can count it as a full day of leave. For example, an employee who takes half a day off to take his or her child for medical tests may be deemed to have taken one day's leave.

How do employees tell their employers about their plans?

An employee must inform the employer that he or she will be taking an Emergency leave of absence.

What if there is no time for the employee to give notice?

If an employee has to begin an Emergency leave before notifying the employer, he or she must inform the employer as soon as possible after starting the leave.

Can the employer ask for evidence of why the employee took an Emergency leave?

An employer is allowed to ask an employee to provide evidence that he or she is eligible for an Emergency leave of absence. The employee is required to provide evidence that is reasonable in the circumstances.

Can an employer fire an employee for taking leave?

No. If an employee is eligible for an Emergency leave, the employer can't penalize him or her in any way for taking a leave.

What happens to an employee's pay, seniority and benefits?

  • Employers do not have to pay wages when an employee is on Emergency leave
  • Employees earn seniority and credit for length of service and length of employment while on Emergency leave
  • While an employee is on Emergency leave, the employer must continue to pay its share of the premiums to certain benefit plans (i.e., pension plans, life, accidental death, extended health insurance plans and dental plans) that were offered before the leave.

For further details, see the ESA and its regulations.

What if the employer does not follow the ESA?

If an employee thinks the employer is not complying with the ESA , he or she can call or visit the nearest Ministry of Labour office to discuss a particular situation or to file a complaint. Complaints are investigated by an employment standards officer who can, if necessary, make orders against an employer - including an order to comply with the ESA. The ministry has a number of options to enforce the ESA, including requesting voluntary compliance, issuing an order to pay wages, an order to comply, an order to compensate, an order to reinstate and/or a notice of contravention, or issuing a ticket or otherwise prosecuting the employer under the Provincial Offences Act.

Employment Standards Information Centre
416-326-7160 or 1-800-531-5551

Ministry of Labour
http://www.gov.on.ca/LAB/english/index.html

 


SOS Newsletter

Employment Standards Act

- Agricultural Workers

- Domestic Workers

- Home Workers

- Hours of Work

- How to file a Claim

- Minimum Wages

- Overtime Pay

- Parental Leave

- Pregnancy Leave

- Public Holidays

- Temporary Layoff

- Termination of Employment

- Seasonal Work

- Severance Pay

- Vacation Pay & Vacation with Pay

- Working in Retail

General Legislations

 

An Introduction to Hiring in Canada

Hiring in Canada or Employment in Canada gives a vast description of Employment Legislation in Canada. It covers Employment Standards Act and other General Employment Legislations regarding jobs in Canada or employment in Canada. Important issues like minimum wages, temporary layoff, termination of employment, severance pay and vacation pay are covered under this section.

Hiring in Canada or Employment in Canada provides sources for Employment Opportunities in Canada available for general applicants as well as jobs in Canada for students.

Hiring in Canada or Employment in Canada also gives reference to the Employment Agencies helping applicants in finding jobs in Canada, both government and private. The viewers can search for Employment Opportunities in Canada through these agencies.

Self-created Jobs is an other feature of Hiring in Canada or Employment in Canada. It is a good source of finding Jobs in Canada.

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