On March 5, 2013, the Ontario government introduced new
legislation which, if passed, would create three new job-protected
The Employment Standards Amendment Act (Leaves to Help
Families), 2013, proposes new leaves that build on the
existing Family Medical Leave under the ESA. They are as
Family Caregiver Leave - up to 8 weeks of
unpaid leave for employees to provide care and support to a family
member with a serious medical condition.
Critically Ill Child Care Leave – up to
37 weeks of upaid leave to provide care to a critically ill
Crime-Related Child Death and Disappearance
Leave - up to 52 weeks of unpaid leave for parents of a
missing child and up to 104 weeks of unpaid leave for parents of a
child that has died as a result of a crime.
If passed, the leaves would allow parents and other family
caregivers to provide care and support for loved ones without fear
of losing their jobs. These leaves are in addition to the current
Family Medical Leave, which is available when a
family member has a serious medical condition with a significant
risk of death occurring within 26 weeks. A doctor's note would
be required for the Family Caregiver Leave and the Critically Ill
Child Care Leave.
Complementing the new federal Helping Families in Need Act,
employees covered by the Critically Ill Child Care Leave and the
Crime-Related Child Death and Disappearance Leave would be eligible
to apply for federal Employment Insurance benefits.
The Ontario's government's news release and
"backgrounder" may be accessed here.
FMC is one of Canada's leading business and litigation law
firms with more than 500 lawyers in six full-service offices
located in the country's key business centres. We focus on
providing outstanding service and value to our clients, and we
strive to excel as a workplace of choice for our people. Regardless
of where you choose to do business in Canada, our strong team of
professionals possess knowledge and expertise on regional, national
and cross-border matters. FMC's well-earned reputation for
consistently delivering the highest quality legal services and
counsel to our clients is complemented by an ongoing commitment to
diversity and inclusion to broaden our insight and perspective on
our clients' needs. Visit:
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
A former teacher at Bodwell High School has learned a valuable lesson from the B.C. Human Rights Tribunal— it is not discriminatory for an employer to offer child-related benefits to only employees with children.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).