Leave Entitlements in Ontario 2025

Ontario is making some important updates to the Employment Standards Act (ESA) that will take effect in 2025. The province’s Employment Standards Act is being updated to introduce new and expanded job-protected employee leave entitlements. Some of the most notable changes include the introduction of long-term illness leave, child placement leave, and improved conditions for pregnancy loss leave. These changes align with evolving workforce needs and federal benefit programs, giving employees time and space without worrying about their jobs.

Long-Term Illness

Starting June 19, 2025, Ontario is making it easier for employees to care for their health when facing a serious medical condition. If you’ve been with your employer for at least 13 weeks and you’re dealing with an illness that keeps you from working, whether it’s something chronic, a major health setback, or an ongoing condition, you’ll be able to take up to 27 weeks off within a year. The leave can be taken non-consecutively and may be extended if the condition persists or a new qualifying condition arises, as long as the total leave does not exceed 27 weeks in the same 52-week period.

Upon return, the employer must give the employee their original position or a comparable one. These requirements ensure that employees facing serious health challenges have access to job-protected leave, provided they follow the outlined process and documentation standards.

Mandatory Medical Certificate

To access long-term illness leave, employees must:

• Provide written notice to the employer as soon as possible.
• Submit a certificate from a qualified health practitioner (such as a doctor, nurse, or psychologist) confirming the serious medical condition and specifying the period the employee will be unable to work.

The leave duration is limited to the period stated in the medical certificate or 27 weeks, whichever is less. If the illness lasts longer than expected, a new certificate may allow for an extension or a new leave period, provided statutory requirements are met.

Child Placement

Welcoming a new child into your family, whether through adoption or surrogacy, is a life-changing moment filled with excitement and new responsibilities. Ontario has expanded leave entitlements to better support parents welcoming a child through adoption or surrogacy. The new child placement leave aligns with federal Employment Insurance (EI) benefits, allowing parents to take leave in advance of a child’s arrival into their family or care to focus on their family during this critical transition without worrying about losing their job or facing penalties. This is intended to give parents the same kind of support and security that birth parents already receive.

Eligibility for Child Placement Leave

To be eligible for child placement leave:

• The employee must be a qualifying parent through adoption or surrogacy.
• The leave can be taken up to six weeks before the expected date of placement, with a total entitlement of 16 weeks.
• The leave must be taken in a single continuous period

Pregnancy Loss

Losing a pregnancy is an incredibly difficult experience. Ontario is taking steps to recognize the support people need by introducing a new statutory leave for pregnancy loss. This will reflect growing recognition of the need for compassionate support in these circumstances. The new leave provides job protection for employees experiencing miscarriage or stillbirth.

Implementation of Pregnancy Loss Leave

The new pregnancy loss leave entitles employees to up to three days of paid leave following a pregnancy loss. This leave is expected to come into force by December 2025, in line with federal changes, and is intended to give employees time to grieve, heal, and take care of themselves and their families.

Notice and Documentation

For all new leaves:

• Employees must provide written notice to their employer as soon as possible when intending to take leave.
• For long-term illness leave, a medical certificate is mandatory.
• For other leaves, supporting documentation (such as adoption or surrogacy papers) may be required.
• Employers may not require a medical certificate for the standard three-day unpaid sick leave but can request other documentation.

Employer Responsibilities

Employers must:

• Update workplace policies to reflect new leave entitlements.
• Ensure compliance with documentation and notice requirements.
• Provide required information to new hires, including details about leave entitlements, if the organization has 25 or more employees.
• Consider how new leaves interact with existing benefits, disability plans, and accommodation obligations under the Human Rights Code

Penalties for Employers Violating New Leave Entitlements

Penalties for non-compliance with the ESA have increased:

• The maximum fine for individuals violating the ESA or failing to comply with an order has doubled from $50,000 to $100,000.
• Employers may face additional administrative monetary penalties for failing to provide or respect new leave entitlements.
• Employers are strongly advised to review and update their policies and practices ahead of these changes to ensure full compliance and to support their employees effectively.

Conclusion

In short, Ontario’s new and expanded leave entitlements are about making sure employees have the support and job security they need during major life events. If you’re an employee, do a little bit of research so you know your rights. If you’re an employer, make sure you’re ready for these important changes in 2025.

If you believe your employer is not complying with the new policies, we encourage you to reach out to employment lawyers, Sultan Lawyers PC. You can contact us online or by phone at 647-952-2023. We are here to assist you.