In Ontario, employees facing illness, injury, or disability often require extended time away from work to recover. While there is no single “disability leave” category under the Employment Standards Act (ESA), job-protected leaves and human rights protections ensure employees can take time off without losing their jobs. This blog clarifies the duration of disability-related leaves, employer obligations, and how to navigate extended absences in Ontario.

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1. Types of Disability-Related Leaves

Ontario law provides several pathways for employees needing extended medical leave:

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A. ESA Sick Leave

• Duration: Up to 3 unpaid days per year for personal illness or injury.
• Purpose: Short-term absences (e.g., flu, minor injuries).
• Eligibility: Available after two weeks of employment.

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B. Workplace Safety and Insurance Board (WSIB) Leave

• Duration: Varies based on medical need for work-related injuries/illnesses.
• Purpose: Covers recovery time and rehabilitation.
• Compensation: WSIB provides wage replacement (75–90% of earnings).

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C. Human Rights Code Accommodations

• Duration: Open-ended, but must be medically justified and reasonable.
• Purpose: For disabilities requiring long-term or indefinite leave (e.g., chronic illness, cancer, mental health conditions).
• Legal Duty: Employers must accommodate up to the point of undue hardship.

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2. How Long Can Disability Leave Last?

The duration depends on the type of leave and medical circumstances:

• Short-Term (Days to Weeks): Use ESA sick days or EI sickness benefits (15 weeks).
• Medium-Term (Months): Combine EI benefits with employer accommodations.
• Long-Term/Indefinite: Human rights protections apply, but employers can terminate employment if accommodation causes undue hardship (e.g., permanent inability to perform job duties).

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Key Factors Influencing Duration:

• Medical prognosis and treatment plans.
• Availability of modified duties or gradual return-to-work options.
• Employer’s ability to manage operational impacts.

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3. Employer Obligations During Extended Leave

Employers must:

A. Provide Job-Protected Leave

• Hold the employee’s position (or a comparable role) unless doing so causes undue hardship.
• Exception: If the employee cannot return to any job duties indefinitely, termination may be permitted.

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B. Maintain Benefits

• Continue health/dental benefits if the employee pays their share of premiums.
• Pension contributions and seniority continue to accrue during WSIB leaves.

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C. Engage in the Accommodation Process

• Request medical documentation confirming the need for leave and functional limitations.
• Explore alternatives to extended leave (e.g., reduced hours, remote work).

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D. Avoid Discrimination

• Cannot penalize, demote, or terminate an employee for taking disability-related leave.

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4. Medical Documentation Requirements

• Initial Leave: A doctor’s note confirming the need for leave and estimated duration.
• Extended Leave: Updated medical reports outlining:
  
  • Diagnosis (optional – employers can only ask about functional limitations).
  • Expected recovery timeline.
  • Accommodation needs (if returning to modified duties).

Privacy Rights: Employers cannot demand access to full medical records.

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5. Financial Support During Leave

• EI Sickness Benefits: 15 weeks of income replacement (55% of earnings, up to $668/week in 2024).
• WSIB Benefits: For work-related disabilities (see WSIB Ontario).
• Short-Term Disability (STD) Plans: If offered by the employer, may cover a portion of wages.

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6. When Can an Employer Terminate an Employee on Extended Leave?

Termination is permitted only if:

• The employee cannot return to work within a reasonable timeframe.
• No accommodations can mitigate undue hardship (e.g., permanent job abandonment, operational impossibility).
• The employer provides appropriate termination pay and severance (if applicable).

Note: Employers must prove undue hardship through documented efforts to accommodate.

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7. Steps for Employees Taking Extended Leave

1. Notify Your Employer: Inform them of your need for leave as soon as possible.
2. Provide Medical Documentation: Submit notes confirming your condition and limitations.
3. Apply for EI/WSIB: Secure income support early to avoid gaps.
4. Stay in Communication: Update your employer on recovery progress or changes.

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8. Employer Best Practices

• Develop Clear Policies: Outline procedures for medical leaves and accommodations.
• Train Managers: Ensure they understand human rights obligations and avoid discriminatory practices.
• Document Interactions: Keep records of accommodation discussions and medical updates.

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9. What If Your Rights Are Violated?

• File a Complaint: Contact the Ontario Ministry of Labour for ESA violations (e.g., denied leave, withheld benefits) within 2 years.
• Human Rights Claim: Submit to the Human Rights Tribunal of Ontario (HRTO) within 1 year if discriminated against due to disability.

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10. Key Takeaways

• Short Leaves: Use ESA sick days or EI benefits for up to 15 weeks.
• Long Leaves: Human rights protections require employers to accommodate until undue hardship.
• Termination Risks: Employers can only end employment if accommodation is impossible, not due to inconvenience.

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Conclusion

Disability leave in Ontario balances employee protections with employer flexibility. While the ESA provides limited unpaid sick days, the Human Rights Code ensures long-term accommodations for disabilities. By understanding your rights, maintaining open communication, and leveraging federal/provincial supports, you can focus on recovery without jeopardizing your career.

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Free Consultation with London Employment Lawyers

Ontario’s laws provide critical protections for employees during mass layoffs, ensuring they receive fair notice, severance pay, and support. If you’re affected by a group termination, understanding your rights and seeking professional advice can help you navigate this challenging time and secure the compensation you deserve. Please do not hesitate to contact our experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (548) 489-2006 or fill out the contact form.