In October 2014, Ontario introduced legislation amending the
Employment Standards Act to add three new job protected
In addition to the leaves already protected under the Act,
including Personal Emergency, Pregnancy, Parental, Family Medical
Leave, Organ Donor Leave and others,
the Act now includes:
Family Caregiver Leave
Critically Ill Child Care Leave
the Crime-Related Child Death or
Q. What is the purpose of these New Leaves?
Family Caregiver Leave provides an employee up to eight weeks of
unpaid, job-protected leave to provide care or support to a family
member with a serious medical condition.
Critically Ill Child Care Leave provides an employee who is a
parent up to 37 weeks of unpaid, job-protected leave to provide
care to a critically ill child.
Crime-Related Child Death or Disappearance Leave provides an
employee who is a parent with unpaid, job-protected leave where
their child is missing or has died as a result of a crime.
In conjunction with these new leaves under the Act, employers
should be always be mindful of their obligations under human rights
legislation to accommodate family status.
Employers must accommodate an employee's "family
status" related needs up to the point of undue hardship.
If you would like to learn more about accommodation under the
Human Rights Code, please see our related video on that
Q. What are the consequences of non-Compliance?
Failing to provide an employee with a statutory protected leave
will result in a breach of the Employment Standards Act.
This could result in costly legal proceedings and potentially
damages awarded against your business.
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.
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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.
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.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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