On October 29, 2014, Ontario’s Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014, will come into force, enacting three new statutory leaves for employees under the Employment Standards Act, 2000 (the “Act”); family caregiver leave, critically ill child care leave and crime-related child death or disappearance leave. The three new leaves can be used in conjunction with the existing leaves available under the Act.
Family Caregiver Leave
Employees are now able to take unpaid, job protected leaves of up to eight weeks in order to care for or support a family member with a serious medical condition (the condition can be episodic or chronic). Employees must notify their employer in writing and provide medical documentation upon the employer’s request in order to be eligible to take this leave.
Critically Ill Child Care Leave
If a qualified health practitioner provides medical documentation that an employee’s child is critically ill and requires parental care and support, an employee who has been employed by his/her employer for at least six consecutive months is eligible to take an unpaid, job protected leave to tend to the critically ill child. This leave can be for up to 37 weeks, but the child’s health practitioner must include the expected amount of time the employee will require to take off in its medical documentation. The child in question can be a foster child, step child or a child under the employee’s legal guardianship and the child must be under 18 years of age to qualify for an employee to qualify for this leave.
Crime-Related Child Death or Disappearance Leave
An employee who has been employed by his/her employer for at least six consecutive months is eligible to take an unpaid, job protected leave if their child has disappeared or died for crime-related purposes. Under the act, crime is defined as any offence under Canada’s Criminal Code, with some exceptions. Employees are eligible to take 52 weeks for a crime-related disappearance and up to 104 weeks leave for a crime-related death. The child in question can be a foster child, step-child or a child under the employee’s legal guardianship and the child must be under 18 years of age to qualify for an employee to qualify for this leave.
This blog is provided as information and a summary of workplace legal issues.
This information is not intended as legal advice.
