Earlier this summer, Ontario introduced an unpaid, job-protected leave of up to 27 weeks (in a 52-week period) for employees who cannot perform their duties and responsibilities because of a serious medical condition (which may be chronic or episodic in nature).
To be entitled to long-term illness leave, the employee must have 13 or more consecutive weeks of employment, and a qualified health practitioner must issue a certificate stating that the employee has a serious medical condition and set out the period during which the employee is unable to work. A "qualified health practitioner" is defined as any physician, registered nurse or psychologist qualified in the jurisdiction in which the employee is treated (or any other class of health practitioners prescribed under the legislation).
It should be noted that long-term illness leave is limited to a total of 27 weeks in a 52-week period, even if the employee has more than one serious medical condition. In other words, in the applicable 52-week period, eligible employees are not entitled to 27 weeks of job-protected leave per serious medical condition, but rather a combined maximum of 27 weeks for any serious medical condition(s). However, employers should keep in mind that employees with serious medical conditions also have certain protections under Ontario's Human Rights Code, as employers have an obligation to accommodate employees with disabilities up to the point of undue hardship. As a result, when the employee's long-term illness leave comes to an end, the employee may transition to a 'regular' unpaid medical leave if that person remains unable to work due to the individual's medical condition.
Employers should review and update their policies and practices regarding leaves of absence to account for this new statutory leave. As a practical matter, employers may also wish to consider how long-term illness leave will dovetail with any benefits they already offer to employees, such as short-term and long-term disability benefits. Whether the employee is entitled to long-term illness leave and whether the employee is eligible for paid disability benefits are two separate, but related issues. Depending on the eligibility requirements of the applicable disability benefit policies, employees may or may not receive paid disability benefits while on long-term illness leave. As a result, employers are encouraged to review their leave of absence and benefits policies to ensure that such policies are operating as intended in light of the new requirements.
This leave was introduced by Bill 229, Working for Workers Six Act, 2024 which amended Ontario's Employment Standards Act, 2000(the ESA).
Employment information requirements
In addition, Ontario employers with 25 or more employees must now provide the following information in writing to each new employee prior to that person's first day of work
- the employer's legal name (and operating name, if different)
- the employer's address, phone number, and the name of a contact person
- a general description of the anticipated location of work (i.e., on-site, remote, etc.)
- the employee's starting hourly or other wage rate or commission (as applicable)
- the pay period (i.e., bi-weekly, semi-monthly, or monthly) and regular pay day and
- a general description of the anticipated hours of work
If it is not practicable for the employer to provide the above information prior to the employee's first day of work, the employer must provide it as soon as reasonably possible thereafter.
While the legislation does not require that such information be 'hard coded' into the employment agreement, incorporating the required information into the employment agreement may be the most reliable way for employers to document that such requirements were met. As a result, employers should consider updating their employment agreement templates to address these information requirements.
The rules regarding employment information were introduced via O. Reg. 477/24 which made amendments to O. Reg. 285/01 When Work Deemed to be Performed, Exemptions and Special Rulesunder the ESA.
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.
