New Leaves Under ESA for Families

Bill 21, An Act to amend the Employment Standards Act, 2000 in respect of family caregiver, critically ill childcare and crime related child death or disappearance leaves of absence received Royal Assent on April 29, 2014.

This Bill amends the Employment Standards Act, 2000 to create the following leaves of absence, which are now in effect:

  • Under section 49.3, an employee is entitled to a leave of absence without pay to provide care or support to a family member who has a serious medical condition. An employee may take up to eight weeks per calendar year with respect to each family member set out in the legislation.
  • Under section 49.4, an employee employed by his or her employer for at least six consecutive months is entitled to a leave of absence without pay of up to 37 weeks to provide care or support to a critically ill child.
  • Under section 49.5, an employee employed by his or her employer for at least six consecutive months is entitled to a leave of absence without pay if a child of the employee dies or disappears and it is probable, considering the circumstances, that the child died or disappeared as a result of crime. This leave is up to 104 weeks in the event of the death of a child and up to 52 weeks with respect to the disappearance of a child.

For a review of the full text of Bill 21, please link here: http://www.ontla.on.ca/bills/bills-files/40_Parliament/Session2/b021ra.pdf

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