Ontario is set to expand employee leave options with the introduction of two new types of leave. Beginning 19 June 2025, a new unpaid long-term illness leave will take effect, providing support for employees facing extended health challenges. Additionally, a new unpaid leave for employees on the placement of a child through adoption or surrogacy is on the horizon, with its implementation date yet to be announced.
Background
Ontario has updated its employment laws with the introduction of the Working for Workers Six Act 2024. This legislation adds two new types of leave to the Ontario Employment Standards Act: 27 weeks of unpaid long-term illness leave and 16 weeks of unpaid leave for the placement of a child. These changes aim to better support employees’ health and family needs in today’s workforce.
Key details
The most relevant changes for employers to note include the following:
Long-term illness leave
Currently, employees are only entitled to three days of unpaid personal sick leave per year for illness, injury or medical emergency. Starting June 19, 2025, all employees with at least 13 consecutive weeks of service will be entitled to 27 weeks of unpaid long-term illness leave.
To use this leave, an employee must obtain a medical certificate from a qualified health practitioner that states they have a serious medical condition (which can be chronic or episodic) and sets out the length of time the employee will not be working because of the condition. The employee must notify the employer in writing either before or as soon as possible after commencing the leave. The employee must provide a copy of the medical certificate to the employer upon the employer’s request.
Employees will be entitled to take up to 27 weeks of long-term illness leave within a 52-week period. The leave may be taken in multiple periods. Any part of a calendar week taken as leave may be deemed by the employer as one week of leave. For example, if an employee only takes two days of leave within a calendar week, the employer may still deem the employee to have taken one full week of leave.
While employers are not required to pay wages during long-term illness leave (unless stated in an employment contract or collective agreement), employees may be eligible for up to 26 weeks of financial assistance under federal Employment Insurance (please see the Canadian government’s website for more details here (opens a new window)).
Medical certificates for statutory sick leave
Under the Working for Workers Five Act, 2024, as of 28 October 2024, employers will no longer be allowed to require medical certificates as evidence of employees’ statutory entitlement to sick leave, which provides three days of unpaid personal sick leave per year for illness, injury or medical emergency.
However, employers may ask an employee to provide other reasonable evidence, such as a signed self-attestation. Medical certificates can still be required for absences exceeding three days or for non-statutory sick leaves.
Placement of a child leave
Employees who have completed at least 13 consecutive weeks of employment will be eligible for a new 16-week unpaid leave for the placement of a child into their custody through adoption or surrogacy.
This leave is intended to complement the upcoming federal Employment Insurance benefit for parents through adoption or surrogacy, which will comprise 15 weeks of financial assistance. The effective dates for both this leave and the new Employment Insurance benefit have not yet been announced.
The leave must be taken in a single period of up to 16 weeks per placement, which can be shared between parents. The leave may start from six weeks before the expected date of placement. If the employee is already on leave and is informed that the placement will not occur, the leave will continue for 14 days (or fewer, if the employer and employee agree) after the day on which the employee is so informed.
Employees must provide at least two weeks’ written notice to employers before the intended start date of the leave. The notice must set out the intended start and end dates of the leave.
Employer action: ACT
Employers should review and prepare to update their policies, practices and procedures, employment contracts and collective agreements, as needed, to reflect the new leave entitlements. In particular:
Employers should assess the impact of the new leave entitlements on their current leave benefits. The new leave entitlements may also have an impact on employers’ operational and manpower arrangements.
With the introduction of long-term illness leave, employers may also wish to review how they structure disability benefits or health insurance plans.
As the implementation date for placement of a child leave has not yet been announced, employers should regularly check the Ontario government’s webpage on recent ESA changes for updates here (opens a new window).
Written in collaboration with:
Jessica Gobran
National Practice Leader, Disability Management (DM) Consulting
BFL CANADA Benefits (Lockton Global Partner)
jgobran@bflcanada.ca (opens a new window)
Further Information
Bill 190, Working for Workers Five Act, 2024 | Legislative Assembly of Ontario (opens a new window)
Bill 229, Working for Workers Six Act, 2024 | Legislative Assembly of Ontario (opens a new window)
