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Employment Standards Act Ontario

Are sick leave and bereavement leave covered under the ESA?

Employees who work for employers that regularly employ at least 50 employees are entitled to personal emergency leave in certain situations.

Personal emergency leave is unpaid, job-protected leave of up to 10 days each year. It may be taken in the case of a personal illness, injury or medical emergency, or a death, illness, injury, medical emergency of, or urgent matter relating to, certain relatives. Please refer to the Personal Emergency Leave chapter of Your Guide to the Employment Standards Act for more information.

Family medical leave is unpaid, job-protected leave of up to eight (8) weeks in a 26 week period. Family medical leave may be taken to provide care or support to certain family members and people who consider the employee to be like a family member in respect of whom a qualified health practitioner has issued a certificate stating that he or she has a serious illness with a significant risk of death occurring within a period of 26 weeks. Please refer to the Family Medical Leave chapter of Your Guide to the Employment Standards Act for more information.

Some employers have paid benefit plans for sickness, bereavement and other leaves of absence. These plans aren't required by the ESA.

Must employees produce a doctor's note if asked for one by their employer?

An employer is allowed to ask an employee to provide evidence that he or she is eligible for a personal emergency leave. The employee is required to provide evidence that is reasonable in the circumstances.

If an employee is off sick, can he or she be fired?

If the sick day is a personal emergency leave day under the ESA, the employee cannot be penalized for taking the day off. Personal emergency leave days are job-protected under the Act.

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11y ago
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13y ago

really just depends on your job.

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11y ago

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Q: How many legal sick days in Ontario Canada?
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