Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Canada. This article explains Canada’s leave laws, including Public holidays Pregnancy leave Crime-Related Child Disappearance Leave Child Death Leave Domestic or Sexual Violence Leave Family Medical Leave Organ Donor Leave Sick Leave Vacation Leave Personal Leave Parental leave Maternity Leave Family Responsibility Leave Bereavement Leave Jury Duty Leave Emergency Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Public holidays | Nine public holidays recognized. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Pregnancy leave | Up to 17 weeks | Not applicable | Not applicable | None | None |
Crime-Related Child Disappearance Leave | Up to 104 weeks. | No accrual necessary. | No carry over. | No payout. | No end of year payout. |
Child Death Leave | Up to 104 weeks | Not applicable | Not applicable | None | None |
Domestic or Sexual Violence Leave | Up to 10 days and 15 weeks per calendar year. | Immediate eligibility. | No carry over. | No payout. | No end of year payout. |
Family Medical Leave | Up to 28 weeks in a 52-week period. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Organ Donor Leave | Up to 13 weeks, extendable up to 52 weeks. | Immediate entitlement. | No carry over. | No payout. | No end of year payout. |
Sick Leave | Employees are entitled to a minimum of 3 paid sick days per year. | Sick leave accrues based on employment terms. | Sick leave may carry over if the employer permits. | Sick leave is generally not paid out upon termination. | Sick leave is not paid out at the end of the year. |
Vacation Leave | Employees are entitled to 2 weeks of vacation per year. | Vacation leave is accrued over time. | Unused vacation can carry over, but some employers have limits. | Unused vacation is paid out upon termination. | Unused vacation is paid out at the end of the year if required. |
Personal Leave | Personal leave is generally unpaid and can vary by employer. | Personal leave does not typically accrue. | Personal leave cannot be carried over. | Unused personal leave is not paid out upon termination. | Personal leave is not paid out at the end of the year. |
Parental leave | Up to 63 weeks | Parental leave is generally not accrued. | Parental leave cannot be carried over. | Parental leave is unpaid unless the employer provides paid leave. | Parental leave is not paid out at the end of the year. |
Maternity Leave | Maternity leave is up to 17 weeks. | Maternity leave is not accrued. | Maternity leave cannot be carried over. | Maternity leave is unpaid unless specified. | Maternity leave is not paid out at the end of the year. |
Family Responsibility Leave | Employees are entitled to 3 days of unpaid family responsibility leave per year. | Family responsibility leave is not accrued. | Not applicable | Family responsibility leave is unpaid and not paid out upon termination. | Family responsibility leave is not paid out at the end of the year. |
Bereavement Leave | Employees are entitled to 3 days of paid or unpaid bereavement leave. | Bereavement leave does not accrue. | Bereavement leave does not carry over. | Bereavement leave is generally not paid out upon termination. | Bereavement leave is not paid out at the end of the year. |
Jury Duty Leave | Employees are entitled to leave for jury duty without pay, although employers may provide paid leave. | Jury duty leave is not accrued. | Jury duty leave does not carry over. | Jury duty leave is not paid out upon termination. | Jury duty leave is not paid out at the end of the year. |
Emergency Leave | Employees are entitled to 10 days of emergency leave per year for personal emergencies. | Emergency leave is not accrued. | Emergency leave cannot be carried over. | Emergency leave is not paid out upon termination. | Emergency leave is not paid out at the end of the year. |
Ontario law recognizes nine public holidays including New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day.
Notice periods for public holidays are not applicable as these dates are set and known in advance.
Approval is not required for taking public holidays off as these are statutory non-working days.
There are no provisions for additional statutory holidays in Ontario law.
Public holidays are statutory and do not accrue.
Carry over rules do not apply to public holidays as they are specific dates.
There is no payout for public holidays upon termination as these days are not accrued.
There is no end of year payout for public holidays.
If an employee works on a public holiday, they are generally entitled to their regular rate of pay plus a premium pay or a substitute holiday with public holiday pay.
Pregnancy leave is available for up to 17 weeks. It can begin no earlier than 17 weeks before the expected delivery date and must end no later than 17 weeks after the actual delivery date.
Employees must provide their employers with at least two weeks' written notice before the day they intend to begin pregnancy leave.
Pregnancy leave is a statutory right and does not require employer approval, although notification requirements must be met.
The quota for pregnancy leave is fixed at 17 weeks and cannot be extended beyond this period.
Pregnancy leave entitlement does not accrue over time but is available as a one-time benefit per pregnancy.
Pregnancy leave cannot be carried over as it is tied specifically to the period around the birth of a child.
There is no payout for unused pregnancy leave upon termination as the leave is specifically for the period surrounding childbirth.
Pregnancy leave is not subject to end of year payout as it must be used in relation to the childbirth period.
Employers may require a medical certificate from a qualified health practitioner stating the baby's due date.
Eligible employees can take up to 104 weeks of unpaid leave if their child disappears as a result of a crime.
Employees must inform their employers as soon as it is reasonable to do so under the circumstances.
This leave does not require prior approval from the employer, but appropriate notification is necessary.
No additional quota is available beyond the specified 104 weeks.
Employees are entitled to this leave regardless of their length of employment or hours worked.
Unused leave cannot be carried over to subsequent years.
There is no payout for unused leave upon termination as this leave is unpaid.
There is no payout at the end of the year for unused leave.
The crime leading to the child's disappearance must be reported to the police for the leave to be applicable.
Child death leave allows an employee to take up to 104 weeks off if their child dies for any reason. This leave is available per child, not per event.
The employer should be informed as soon as possible under the circumstances, given the sensitive nature of the event.
Child death leave does not require employer approval, but the employer must be notified as soon as reasonably possible.
The quota for child death leave is fixed at 104 weeks and does not allow for additional leave beyond this period.
Child death leave does not accrue over time but is a one-time entitlement per child.
Carry over of child death leave is not applicable as the leave is specific to the event and must be used within a certain period following the death.
There is no payout for unused child death leave upon termination, as the leave is intended for use specifically during the period following the child's death.
Child death leave does not qualify for end of year payout. It is meant to be used solely around the time of the child's death.
Given the sensitive nature of child death leave, employers are encouraged to handle such requests with a high degree of empathy and discretion.
Employees are entitled to up to 10 days of leave for specific purposes and an additional 15 weeks of leave for dealing with domestic or sexual violence.
Employees should provide notice to their employer before taking leave, if it is reasonable and practicable under the circumstances.
Employer approval is not required for this leave, but employees should comply with notice requirements.
No additional quota is available beyond the specified days and weeks.
Eligibility for this leave does not depend on the length of service or hours worked.
Unused days and weeks of leave cannot be carried over to the next calendar year.
There is no payout for unused leave upon termination as this leave is unpaid.
There is no payout at the end of the year for unused leave.
Employers may require employees to provide evidence reasonable in the circumstances to support the need for the leave.
Family medical leave is available for up to 28 weeks in a 52-week period to provide care or support to a family member with a serious medical condition with a significant risk of death occurring within 26 weeks.
Employees are required to inform their employer as soon as possible and may need to provide evidence of the family member's medical condition and the necessity of the leave.
While formal approval is not typically required, the employer may require documentation to substantiate the need for the leave.
The quota for family medical leave is fixed by legislation and additional leave beyond the 28 weeks in a 52-week period is not typically available.
Family medical leave does not accrue and is available as needed based on the medical condition of a family member.
Carry over of unused family medical leave to subsequent years is not applicable as the entitlement is based on specific circumstances each year.
There is no payout for unused family medical leave upon termination.
Unused family medical leave is not paid out at the end of the year.
Family medical leave can be taken intermittently or in a block as needed to provide care, subject to certain restrictions and employer notification requirements.
Employees are entitled to take up to 13 weeks of leave for the purpose of undergoing surgery to donate an organ, extendable up to 52 weeks depending on the recovery period.
Employees should give two weeks' notice before the beginning of the leave, although this may be waived in urgent circumstances.
This leave does not require employer approval, but the employer should be notified as prescribed by law.
The initial 13 weeks of leave can be extended up to a total of 52 weeks based on medical certification.
Eligibility for this leave is granted immediately upon employment; there is no accrual period.
There is no carry over of unused leave into subsequent years.
There is no payout for unused leave upon termination as this leave is unpaid.
There is no end of year payout for unused leave.
Medical documentation is required to substantiate the need for leave and any request for extension.
Sick leave is typically granted for personal illness, injury, or medical appointments. Most employers offer additional sick leave as part of their benefits package. The minimum requirement under Ontario law is 3 unpaid days per year, with the possibility of paid sick leave if stated in the employment contract.
Employees are generally required to inform their employer of their illness as soon as they are aware. The notice period can vary depending on the employer's policy, but prompt notification is expected to minimize disruptions.
While sick leave is generally a right, paid sick leave may require the employer's approval depending on the terms of the employee’s contract. Proof of illness, such as a doctor's note, may be required to claim paid sick leave.
Employers may offer more than the minimum sick leave entitlement. Additional sick leave days can be provided as part of a benefits package or negotiated terms. The terms should be detailed in the employee's contract or collective bargaining agreement.
Sick leave is often accrued as part of a benefits package, where employees earn a set number of days over the course of the year. In some cases, sick leave can accumulate from year to year, but this depends on company policies.
While sick leave can carry over into the next year, this is often at the discretion of the employer. Some employers allow unused sick leave to be rolled over, while others may reset the balance at the start of each year.
Unused sick leave is typically not paid out when an employee leaves the company unless explicitly stated in their employment contract. This is true for both voluntary resignations and involuntary terminations.
Ontario law does not require employers to pay out unused sick leave at the end of the year. Any unused sick days generally do not convert to financial compensation unless stipulated by the employer’s policies.
Employers may have specific rules regarding the use of sick leave, including requiring medical certification, limiting the number of days per incident, or placing a cap on the total number of sick days an employee can use annually.
Under Ontario law, employees are entitled to a minimum of 2 weeks of vacation per year, paid at a rate of 4\% of their annual earnings. This entitlement increases with longer employment, reaching 3 weeks after 5 years of service.
Employees are generally required to give their employer reasonable notice before taking vacation leave. The specific notice period can vary by employer, but it is typically at least 2 weeks. Employers may approve or deny vacation requests depending on business needs.
Vacation leave must be approved by the employer in advance. While employees are entitled to vacation time, the scheduling of that time is subject to the employer's operational requirements.
Some employers offer additional vacation days after an employee has been with the company for a certain number of years. Additional vacation days are often negotiated or provided as part of a benefits package.
Vacation leave typically accrues on a pro-rata basis, based on the length of employment. For example, an employee might accrue vacation time at a rate of 4\% of their earnings each year, or a set number of days per month worked.
In Ontario, vacation days generally carry over to the following year if unused, but employers may impose limits. For example, an employer might allow unused vacation to roll over for one year or place a cap on the number of days that can be carried over.
If an employee leaves the company, either voluntarily or involuntarily, they are entitled to be paid out for any unused vacation days. The payout is typically calculated based on the employee's accrued vacation and their current wage rate.
Employers are not required to pay out unused vacation at the end of the year, unless stipulated in the employment contract or company policy. However, if vacation time is not taken by the end of the year, employers may be obligated to pay out the unused leave.
Employers may offer additional vacation time, have specific rules regarding vacation scheduling, or require that vacation be taken at specific times of the year, such as during company-wide shutdowns.
Personal leave is typically not specified by Ontario law, so the entitlement varies by employer. It is often provided for personal matters like family emergencies or mental health days. It may be unpaid or paid depending on the employer's policies.
Employees should inform their employer about the need for personal leave as soon as possible. The notice period can vary based on the employer’s policies, but it is generally recommended to notify the employer well in advance.
As with most leave types, personal leave requires employer approval. Employees may need to provide a reason for the leave and possibly documentation to support the request.
Employers may provide additional personal leave as part of their benefits package or on a case-by-case basis. Some employers may have policies that allow for extra personal leave during difficult personal circumstances.
Personal leave is usually not accrued like vacation or sick leave. It is generally granted based on the employee’s need and the employer’s discretion.
Since personal leave is typically not accrued, it cannot be carried over from one year to the next. Once taken, it is not carried forward unless specifically allowed by the employer.
Personal leave is typically unpaid and is not compensated when an employee leaves the company. The leave is granted as needed, and there is no payout upon termination.
Since personal leave is generally not accrued, there is no end-of-year payout for unused leave.
Each employer may have its own policies on personal leave, and these may include specific conditions for when the leave can be used and whether it is paid or unpaid.
Eligible employees can take up to 63 weeks of unpaid parental leave to care for a newly born or adopted child. This is in addition to maternity leave.
Employees are required to provide at least 2 weeks' notice to their employer before taking parental leave. Notice can be given in writing or verbally, but it should be provided in advance to allow the employer to plan for coverage.
Parental leave is a statutory right, but the employer must be notified in advance. In some cases, employers may request documentation, such as a birth certificate or adoption papers, to verify eligibility.
Employers are not required to offer additional parental leave beyond the statutory entitlement, but some may choose to provide extra time off. The terms for additional leave should be specified in the employee's contract or company policy.
Parental leave is a statutorily defined entitlement and is not accrued like vacation or sick leave. Employees are granted the full amount of leave at once, based on their situation.
Since parental leave is a set period of time granted once an employee is eligible, it cannot be carried over to future years.
Parental leave is generally unpaid. However, some employers may choose to offer paid parental leave as part of their benefits package. In these cases, any unused paid parental leave may be paid out upon termination.
Parental leave is not paid out at the end of the year since it is not an accrual-based leave. However, any paid parental leave offered by the employer will be subject to the employer's policies.
Parents who adopt children are entitled to the same parental leave as biological parents, with some variation in the timing. The leave must begin within 52 weeks of the child’s placement.
Under Ontario law, birth mothers are entitled to up to 17 weeks of maternity leave. This leave is meant for recovery from childbirth and to bond with the child. This leave is in addition to parental leave.
Employees are required to provide at least 2 weeks' notice to their employer before taking maternity leave. This notice allows the employer to plan for coverage and ensure compliance with the leave requirements.
Maternity leave is a statutory right, but employees must inform their employer in advance and provide necessary documentation, such as a doctor’s note or proof of pregnancy, to confirm eligibility.
Employers are not required to provide additional maternity leave beyond the statutory entitlement. However, some employers offer extended leave options, particularly for employees experiencing complications or special circumstances.
Maternity leave is a set statutory entitlement and does not accrue like vacation or sick leave. The employee is granted the leave once they are eligible and do not accumulate additional leave during this time.
Since maternity leave is a statutory entitlement, it cannot be carried over to the next year. Employees are given the full amount of leave when needed, and it cannot extend beyond the period stipulated by law.
Maternity leave is generally unpaid, though employees may be eligible for benefits under the Employment Insurance (EI) program. If paid leave is provided by the employer, unused paid leave may be compensated upon termination.
Maternity leave is not paid out at the end of the year since it is a set period of time, and employees are entitled to take it when necessary, not based on accrual or usage.
Maternity leave entitlements can vary depending on the employee's work contract and collective agreements. Employees may also be eligible for certain accommodations during their maternity leave.
Family responsibility leave is an unpaid leave that allows employees to care for sick family members or attend to urgent family matters. The law allows up to 3 days of leave each year for these purposes.
Employees should provide as much notice as possible, ideally as soon as they are aware of the necessity of the leave.
This leave does not require approval, but employees are expected to notify their employer as soon as possible.
Additional days beyond the five provided are not generally available unless agreed upon by the employer.
Family responsibility leave is not an accrual-based entitlement. Employees are granted up to 3 days per year, and these days are not carried over or accrued like vacation days.
Unused days do not carry over to the next year; the quota resets annually.
Since family responsibility leave is unpaid, it is not compensated if unused at the time of termination. The leave is granted to care for family matters, and the employee is not entitled to a payout for unused leave.
Family responsibility leave is unpaid and does not carry over. As such, it is not subject to any end-of-year payout.
Employers may require employees to provide documentation supporting the need for family responsibility leave, such as medical certificates or evidence of an emergency.
Bereavement leave provides employees with time off to grieve the death of a close family member. Employees are entitled to up to 3 days of leave, which may be paid depending on the employer's policy.
Employees should inform their employer as soon as possible after a family member’s death. The notice period is flexible, but it is expected that employees notify their employer promptly.
While bereavement leave is generally a right, the employer’s approval is required for paid leave. Employees may be required to provide a death certificate or other proof of the family member’s passing.
Employers may grant additional bereavement leave, particularly for distant relatives or if the funeral is held out of town. Additional leave is subject to the employer’s policies.
Bereavement leave is a set entitlement and does not accrue. Employees are granted the full 3 days at the time of the loss, based on the relationship to the deceased.
Since bereavement leave is a short-term entitlement, it does not carry over to the next year. It is granted on a per-incident basis.
Bereavement leave is typically unpaid, and unused leave is not paid out upon termination. Some employers may provide paid leave, but it is not a statutory requirement.
As bereavement leave is not an accrual-based leave, it is not subject to any payout at the end of the year.
Employers may choose to provide paid bereavement leave as part of their benefits package, but this is not required by Ontario law.
Employees are entitled to take time off for jury duty without penalty. While the leave is generally unpaid, employers may choose to provide paid jury duty leave, depending on company policies.
Employees must inform their employer as soon as they receive a jury duty summons. This allows the employer to arrange for coverage during the employee’s absence.
Jury duty leave is a statutory right, but employees must provide the necessary documentation and receive approval from their employer to be absent from work.
There are no provisions for additional jury duty leave beyond the statutory requirement. However, some employers may offer more time if the jury service extends beyond the usual duration.
Jury duty leave is granted for a specific period, usually corresponding to the duration of the jury service, and does not accrue over time.
Jury duty leave is specific to the time the employee serves on a jury and cannot be carried over into the next year.
Jury duty leave is not subject to payout upon termination, as it is generally unpaid unless the employer has a paid leave policy.
Since jury duty leave is typically unpaid, there is no requirement for a payout at the end of the year.
Employers may require employees to provide documentation, such as the jury summons and proof of service, to validate the need for jury duty leave.
Emergency leave allows employees to take time off for personal emergencies, including illness, injury, or urgent family matters. Employees are entitled to 10 days of emergency leave per year, which is generally unpaid unless specified by the employer.
Employees are expected to inform their employer of the need for emergency leave as soon as possible. Notice should be provided promptly to avoid any misunderstandings and to allow the employer to manage the absence.
Although emergency leave is a statutory right, employees must inform their employer and may need to provide documentation or proof to validate the emergency.
Employers may provide additional emergency leave beyond the statutory 10 days based on the circumstances or company policy. The terms and conditions for additional leave should be clearly outlined in the employment contract.
Emergency leave is not accrued over time. Employees are granted up to 10 days per year based on their need for emergency time off.
Emergency leave is a per-year entitlement and cannot be carried over to the next year. Any unused leave expires at the end of the year.
Emergency leave is typically unpaid and is not paid out upon termination, as it is not an accrual-based entitlement.
Emergency leave is not paid out at the end of the year, as it is not accrued and is granted on a per-incident basis.
Employers may require employees to provide documentation or proof of the emergency, such as a medical certificate or other relevant evidence, to verify the need for leave.
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