On October 29, 2014, Ontario Employers are required to provide three new types of leave to employees who qualify for those leaves.
The leaves are:
1. Crime-Related Death or Disappearance Leave;
2. Critically Ill Child Care Leave; and,
3. Family Caregiver Leave.
1. Crime-Related Death or Disappearance Leave
The Crime-Related Death or Disappearance Leave is available to employees who have been employed for six months or more.
If the leave is a result of a child who has disappeared as a result of a crime, the employee may take up to 52 weeks of leave. If the leave is a result of a child who died as a result of a crime, the employee may take up to 104 weeks of leave.
2. Critically Ill Child Care Leave
The Critically Ill Child Care Leave is available to employees who have been employed for at least six months.
The employee may take up to 37 weeks of leave to provide care or support for a critically ill child. The employer is allowed to require a certification by a qualified health professional that the child is critically ill and the employee must provide written notice of the leave.
3. Family Caregiver Leave
The Family Caregiver Leave is available to all employees, regardless of their length of service and is available for 8 weeks per calendar year. The 8 weeks do not have to be consecutive weeks.
“Family” is defined as including children, siblings, parents and grandparents who have been certified by a qualified health practitioner as having a serious medical condition. The employee must provide written notice to the employer and a copy of the health certificate if requested.
All Leaves
As with all leave provisions in the Employment Standards Act, you are not required to pay the employee during the leave (unless there is an employment contract requiring that you do so). The employee may be entitled to Government Benefits depending on the nature of the leave.
If you have an Employee Handbook, or equivalent document, it is important to update it to reflect these new leaves.
As always, if you have any questions, we’re here to help.
Inga B. Andriessen JD