FOR EMPLOYEES
Leave of Absence Lawyers Toronto
Taking Time Off Work? Speak with a Toronto Leaves of Absence Lawyer Today
Whether you’re planning for family care, personal health, or crisis, Ontario law provides job-protected leaves. At Greenwood Law, our Toronto employment lawyers help employees understand eligibility, rights, and employer obligations under the Employment Standards Act (ESA) and evolving provincial legislation.
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Our Toronto employment lawyers have deep expertise with ESA leave entitlements, from pregnancy and parental leave to the newly introduced long-term illness leave. We guide you through requests, documentation, disputes, and reinstatement, ensuring your job is protected and benefits maintained.
What Types of Leaves Can I Take?
Employees in Toronto are entitled to numerous job-protected leaves under the ESA, including:
- Pregnancy and parental leave (up to 17 and 63 weeks respectively)
- Sick leave (up to 3 days per year)
- Family responsibility and bereavement leave (3 and 2 days)
- Family caregiver, medical, and critical illness leave (8–28 weeks)
- Domestic or sexual violence leave (up to 10 paid days and 15 unpaid weeks)
- Organ donor, reservist, child death and disappearance leave
- Long-term illness leave (up to 27 weeks for serious medical conditions, effective June 19, 2025)
These leaves allow you to step away from work without risking your employment or benefits.
Am I Eligible for Leave?
Most leaves require at least 13 weeks of continuous service, while others only require 2 weeks. Eligibility depends on the type of leave. Your employer can request reasonable notice or medical documentation, but banning leave or penalizing you for taking it is unlawful.
What Should My Employer Do?
They can request proof but should not delay your entitlement. Employers must:
- Accept valid leave requests
- Maintain your job or a comparable position upon return
- Keep benefits and seniority intact
- Provide the leave without penalty or reprisal
- Allow conversion of unused vacation days
What If My Employer Denies My Leave or Penalizes Me?
Denial or punishment may warrant a complaint to the Ministry of Labour or a wrongful dismissal claim. Depending on the leave type, your complaint could involve both ESA violations and human rights remedies, for instance, if pregnancy or disability is involved.
Hear From Our Clients
Helping Clients Get Back to Work
Our employment lawyers in Toronto are ready to protect your rights and secure the compensation you deserve.
Table of Contents
Hear From Our Clients
Helping Clients Get Back to Work
Our employment lawyers in Toronto are ready to protect your rights and secure the compensation you deserve.
Why Chooose Greenwood Law - Toronto Employment Lawyers
Our legal team focuses on tailored strategies that reflect the unique details of your case, not cookie, cutter solutions.
Comprehensive ESA expertise
We know which leave entitlements apply and how to assert them.
Proactive guidance
We assist with paperwork, deadlines, and documentation.
Employer accountability
We hold employers to their legal obligations around job protection and benefits.
Smooth transitions
We ensure your return-to-work is seamless and that any post-leave discrimination is prevented.
Leaves of Absence Lawyer in Toronto Frequently Asked Questions
Can I take leave for mental health or stress?
Yes. Sick leave covers personal illness or injury. For longer-term issues, long-term illness leave may apply with a medical certificate.
Are leaves paid or unpaid?
Most leaves are unpaid. However, domestic or sexual violence leave includes entitlement to paid days. Many employees use EI benefits during statutory leaves.
How is my job protected while I'm on leave?
You are entitled to return to your original job or a comparable one of equal pay and status. Employers must maintain benefits and seniority.
Can my employer overlap my leave with vacation or sick days?
Employers must follow the ESA. Vacation time generally cannot be forced unless company policy or employment contract allows, always worth reviewing.
What new leaves exist as of 2025?
The Working for Workers Six Act (2024) added long-term illness leave, up to 27 weeks for serious health conditions and child placement leave for adoption or surrogacy.
Speak with a Leaves of Absence Lawyer in Toronto
Don’t let leave-related issues jeopardize your job or well-being. Greenwood Law offers expert advice to ensure your legal leave rights are protected.
Areas We Serve
At Greenwood Law, we proudly serve clients across Ontario & throughout Canada, including:
