Can Your Employer Force You to Take a Leave of Absence?

In Ontario, the relationship between employers and employees is governed by the Employment Standards Act (ESA) and the Ontario Human Rights Code. These laws are designed to protect employees while also outlining the rights and responsibilities of employers.

Understanding Leaves of Absence under the ESA

The ESA outlines various types of leaves an employee can take, such as pregnancy and parental leave, sick leave, and family responsibility leave, among others. Generally, an employer cannot force an employee to take a leave of absence without proper justification. Employees are entitled to take leaves for reasons such as medical issues, family responsibilities, or personal matters as specified by the ESA.

When an Employer May Require a Leave

 There are specific situations under which an employer might require an employee to take a leave of absence. This usually happens when there are concerns about workplace safety, questions about an employee’s ability to perform job duties, or compliance with legal obligations.

Short-Term and Long-Term Disability

The ESA does not specifically cover short-term and long-term disability leaves, as these are typically provided through employer-sponsored insurance plans. However, employers cannot force these leaves without medical evidence supporting the need. If an employer is concerned about an employee’s ability to work safely or effectively due to a medical condition, they can request a medical evaluation. The results can then inform discussions about accommodations or the need for a leave. 

Accommodation and Work-from-Home Requests

Under the Ontario Human Rights Code, employers must accommodate employees with disabilities to the point of undue hardship. While the ESA does not directly address work-from-home accommodations, it is critical for employers to consider such requests seriously. If a job cannot be performed remotely, the employer should demonstrate that they have considered all options and that the request would cause undue hardship.

Administrative Leave

The ESA does not explicitly cover administrative leaves, which are typically used during investigations of workplace issues. These leaves allow employers to conduct thorough investigations while maintaining a neutral environment. Employees continue to receive their regular pay and benefits during this period.

Temporary Layoffs

While temporary layoffs are not classified as leaves of absence under the ESA, they are permitted under specific conditions. An employer can temporarily lay off employees without it being deemed a termination if it aligns with certain criteria and durations specified in the ESA. However, if an employment contract or collective agreement does not explicitly allow for temporary layoffs, they could be considered constructive dismissal.

Conclusion

Employers generally cannot force leaves without justification, as outlined by the ESA. Employees should be aware of their rights and seek legal advice if necessary. Employers must ensure their policies are clear and decisions regarding leaves are well-documented.

For more detailed guidance on employment law matters, or if you need assistance with a leave of absence, contact employment lawyers, Sultan Lawyers, online or by telephone at 416-214-5111.