Under the Employment Standards Act (ESA), employees are entitled to the following short leaves of absence (SLOA):
- 3 days of sick leave
- 3 days of family responsibility leave
- 2 days of bereavement leave
- 10 days of domestic or sexual violence leave
While the first five days of domestic or sexual violence leave must be paid, the ESA does not require employers to pay employees during these leave days.Employers are permitted to request proof from an employee of entitlement for the SLOA days sought, and this proof must be ‘reasonable in the circumstances’. Employers are excluded, however, from requiring employees to provide notes from a ‘qualified health practitioner’ (physicians, nurses, and psychologists.). Employers are permitted to ask for notes from other health practitioners such as a dentist, physiotherapist, naturopath and others.
Again, all requested proof must be reasonable in the circumstances of each case. Consideration may be given to the length of the leave, the pattern of absences, availability of the evidence and the cost. If an employer requires a note from a non-qualified health practitioner (i.e. dentist, naturopath, physiotherapist, etc.) as proof, the only information permitted is the duration or expected duration of absence, date the employee was/is scheduled, and whether the employee was seen in person by the practitioner providing the note.
Further, if SLOA is taken due to an urgency of a qualified relative, such as a child, parent or spouse, employers in this instance are also prohibited from requiring a medical note. An employer may require an employee to provide their relationship to the individual, the name of the relative, and a statement that the leave was required due to a qualified urgency as described under the ESA for SLOA eligibility.
What is a valid reason for emergency leave?
A valid reason for sick leave or family responsibility leave under the ESA can include a personal illness, a medical emergency, a family emergency, or a serious medical condition involving someone recognized under the Act, including an employee’s spouse, parent, or child.
Bereavement leave applies when an employee loses a qualifying relative and needs time away to manage the immediate impact of that loss.
While both forms of leave protect an employee’s time away from work, they respond to different kinds of events and rely on different eligibility rules.
How do you write an emergency leave letter due to personal reasons?
A short note is all that is required. State that you need the applicable leave, outline the dates, and, if the leave concerns a relative’s medical condition or another qualifying urgency, confirm your relationship and that the event meets ESA requirements.
Employers may ask for other proof when appropriate, but requests must be reasonable. They cannot require a doctor’s note or other proof from a nurse or psychologist for this type of leave. These limits help protect employees from unnecessary disclosure of medical condition details.
How to ask for emergency leave from a manager?
Tell your manager that you need SLOA and give the expected timing. If the leave relates to a relative’s medical condition or a serious negative event involving an employee’s spouse, child, or parent, you may be asked to confirm the relationship and the nature of the urgency in general terms.
Employers may request other proof, but any request must be reasonable and cannot require a medical certificate. These rules help prevent the serious negative consequences to your privacy that can arise when sensitive information is demanded unnecessarily.
How do I say I have a personal emergency?
A direct statement is enough. You can say you need SLOA for a personal illness, a medical emergency, or another ESA-recognized reason. You are not required to disclose details that could expose private information or cause emotional harm. If the leave is for a family member, you may be asked to confirm who they are and that the urgency fits one of the ESA categories.
How do you email a personal leave request to a manager?
Keep the message clear. Mention that you are taking SLOA, outline the expected dates.
Employers may request reasonable proof, such as your relationship to someone, but the ESA limits what can be required. If a note is provided by a non-qualified practitioner, it may only confirm the duration, the date of the appointment, and whether you were seen in person. For situations involving emotional harm or the need for professional counselling, the same privacy protections apply. Employees should never be compelled to disclose sensitive medical details when requesting unpaid leave under the ESA.
When a Personal Emergency Leads to Pressure at Work
Misunderstandings around SLOA can create strain in a workplace. An employee may be questioned about an absence in a way that feels intrusive, or pressured to provide medical details the law does not permit. A manager might treat a protected leave as a performance concern, or a pattern of approved absences may suddenly be framed as misconduct. These situations can unsettle even confident employees, especially when they worry about job security or how they are being perceived.
When these issues start to surface, Whitten and Lublin can help you make sense of the situation and what the law allows. We look at the facts, explain where the employer’s obligations begin and end, and help you choose a path that protects your position at work without escalating matters unnecessarily.
If you’re facing questions about your rights or the way your leave has been handled, you can reach our team online or at (416) 640-2667.
