Ontario has a long tradition of adding, repealing, and updating its leave of absence rules. Frustratingly, these frequent changes then require employers to revisit their sick day policies to ensure compliance.
This month, the tradition continues. There is a new Long-Term Illness Leave that will affect workplace policies and strategies regarding employee absences.
Previously Limited ESA Protections for an Ill Employee
Until recently, the only job-protected ESA leave for an employee who was ill was sick leave, which covers only three days per year.[i] This short leave stood in contrast to much longer statutory leaves for employees providing care or support to ill family members.[ii]
Entitlement to the Long-Term Illness Leave
As of June 19, 2025, employees who have been employed for at least 13 consecutive weeks are eligible to take an unpaid leave because of a personal illness if:
(a) the employee will not be performing the duties of the employee’s position because of a serious medical condition; and
(b) a qualified health practitioner issues a certificate that,
(i) states that the employee has a serious medical condition, and
(ii) sets out the period during which the employee will not be performing the duties of the employee’s position because of the serious medical condition.
Duration and Recurrence of the Long-Term Illness Leave
The leave provides up to 27 weeks off in a 52-week period (but is shorter if the period specified in the certificate from the qualified health practitioner is shorter).[iii]
The time off does not have to be taken in consecutive weeks, and can be taken multiple times within a 52-week period so long as the 27-week maximum is not exceeded and a supporting certificate is provided. As with other leaves, the Long-Term Illness Leave is deemed to be taken in entire weeks even if a day or partial week is taken at a time.
If the employee requires another Long-Term Illness Leave after the 52-week period, they are eligible – and another 27-week maximum applies. In short, there is no limit on the number of Long-Term Illness Leaves that an employee can take during their employment, so long as the 27/52 rules are followed, which is consistent with other ESA leaves of absence.
Concerns About This New Leave (And Our Thoughts on Them)
While the announcement of this new leave may have employers worried about an onslaught of employee requests, we are less concerned because:
Employers Already Have Accommodation Obligations: The Human Rights Code already required employees to permit employees with disabilities to be accommodated by time off work.[iv] That said, with this new leave, employees with only 3 months of service (coincidentally the common “probation” period) can take a job-protected leave that is longer than their total service, which may previously have resulted in claims of frustration of employment.
Existing Disability Insurance Plans Likely Overlap with This Leave: Employers with sick/STD/ LTD policies and a regime for disability management are used to reviewing and validating time-off requests, and so are set up to address similar claims for this Long-Term Illness Leave.
There Shouldn’t Be a “Medical” Note Bonanza: Only certain medical practitioners can authorize an employee to be off on this leave. Section 49.8 limits a “qualified health practitioner” who can provide the required note to physicians, registered nurses, or psychologists. So, notes from counsellors, chiropractors, or physiotherapists, for example, are insufficient to support a request for this leave.
Concerns About Medical Notes from Abroad Can Still Be Addressed: In order to provide a note, health practitioners only need to be “qualified…under the laws of the jurisdiction in which care or treatment is provided.” I have seen a number of cases recently in which Ontario employees choose to seek care abroad, making it difficult to obtain medical notes that are timely, legible, and verifiable. Such notes must be accepted for the leave time to be permitted, but it is reasonable to make entitlement to payment under STD or other sick day policies contingent on providing a note from an Ontario-based doctor or nurse practitioner.
So, What Do Ontario Employers Need To Do As a Result of This New Leave?
Maybe nothing – however, we recommend considering the following:
Tracking Time Off with Reasons: For employees with chronic or serious illnesses and frequent absences, employers should ask for a certificate and, if applicable, track/code time off by an employee as Long-Term Illness Leave. If they do not do so, then initial intermittent absences may not “count” towards the leave, meaning that the clock for the 27/52 countdown starts later. This recommendation applies to other time off due to time off for Family Caregiver/Medical Leave – these days should be tracked in a HRMS to ensure employees are not disciplined for taking such time off and, when such leave is exhausted, usual absence-management protocols can be implemented.
Policy Update Fatigue: If your time off/accommodation policies list every statutory leave, they now need to be updated to include this leave. However, consider just using a link to the MOL’s website going forward and inserting a blanket statement that the organization will provide the required leaves pursuant to the ESA and other accommodation obligations.
Checking for MOL Guidance: As of the date of posting this [blog/report], the ESA Policy and Interpretation Manual has not yet been updated to reflect the details of this new leave. The Manual may be a good source of information as the MOL’s position on this leave evolves.
So while the enactment of this leave may seem like a big change to the province’s leave of absence rules, the bulk of the changes are likely only administrative-based.
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[i] Prior versions of the current “sick leave” were longer or included the obligation for employers to provide paid days.
[ii] It was always curious to me that an employee’s job was protected for six months or more if their relative was sick (and they were providing care to the relative), but if the employee had the same illness, their job was protected by the ESA for less than a week.
[iii] Notably, a few years ago, the maximum EI Sickness Benefit period was increased from 15 to 26 weeks, so the period for this new 27-week leave synchs up with the 1-week waiting period and maximum EI eligibility period (for qualifying employees – e.g. those without STD/paid sick time).
[iv] Reinstatement under the ESA ceases for longer leaves protected by the Human Rights Code – though reinstatement and return to work should be considered with a view to avoiding discrimination.