Ontario’s New Long-Term Illness Leave: What You Need to Know
Over the past few years, the Ontario government has been busy updating workplace laws through a series of “Working for Workers Act” bills. These changes have affected many important rules for employees and employers. One of the most significant updates is the introduction of a new long-term illness leave, which comes into effect on June 19, 2025.
When Does the New Leave Come Into Effect?
Starting this June, if you are an Ontario employee and have worked for your employer for at least 13 weeks, you may be entitled to take up to 27 weeks of unpaid, job-protected leave in a 52-week period if you are unable to work because of a serious medical condition. This is a major improvement over the old rules, which only gave employees three unpaid sick days each year for their own illness. Previously, although the Ontario Human Rights Code offered some protections, the ESA did not provide any extended leave specifically for employees dealing with their own serious illness.
To use Ontario’s new long-term illness leave, you will need a note from a qualified health professional such as a doctor, nurse, or psychologist. This note must say that you have a serious medical condition and how long you will need to be off work. The law does not give a specific definition of what counts as a “serious medical condition,” but it is expected to include things like major surgeries, cancer treatments, or serious mental health issues, similar to other leaves.
When Does the New Leave Come Into Effect?
One helpful part of this new leave is that you do not have to take all 27 weeks off at once. If your illness is something that comes and goes, or if you need several shorter breaks, you can take the leave in smaller chunks. If your health professional says you need more time off later, you can extend your leave up to the 27-week maximum, as long as it is within the same 52-week period. This flexibility is built in to help people with chronic or recurring health issues.
This new leave also works well with existing government programs. For example, the federal government offers up to 26 weeks of Employment Insurance sickness benefits if you cannot work because of illness or disability. Some workplaces also have short-term disability plans that help cover lost income. Now, with the new long-term illness leave, your job will be protected while you recover and receive these benefits.
For employers, this change means updating workplace policies and making sure managers know about the new rules. If an employee takes long-term illness leave, their job must be kept open for them, or they must be given a similar job when they return, except in special circumstances. Employers should also make sure they have a good system for tracking leave and handling requests fairly.
Why Is This Change Important for Ontario Workers?
Employers should take a close look at how this new long-term illness leave fits with any existing leave policies, disability benefit plans, and their ongoing duty to accommodate employees. When preparing for an employee’s return to work, it is important to address both the legal requirements of the ESA and the obligations set out in the Ontario Human Rights Code.
Overall, Ontario’s new long-term illness leave is a positive change for workers and employers. It gives employees peace of mind if they face a serious health problem, knowing their job will be waiting for them. It also gives employers clear rules to follow when someone needs extended time off.
Where Can You Get Help With Your Leave Rights?
This new law is another step toward making Ontario’s workplaces healthier, fairer, and more supportive for everyone. If you have about your leave entitlements or other employment matter, you should speak with an experienced employment lawyer. To better understand your employment rights, we encourage employees and employers to seek legal advice. We at Whitten & Lublin are happy to provide insight and advice into your specific circumstances. If you are looking for employment lawyers and would like more information about what Whitten & Lublin can do for you, please contact us online or by phone at (416) 640-2667 today.
Author – Rachel Patten