On June 19th 2025, the ESA got an important update by introducing long-term illness leave. This amendment supplements existing legislation by providing eligible employees with an unpaid, job-protected leave of up to 27 weeks within a 52-week period due to a serious medical condition. This leave provides vital job and economic security for workers who are facing severe health challenges.
This leave applies to any employee who has been employed for at least 13 consecutive weeks and is enduring a serious medical condition. It applies equally to full-time, part-time, permanent, or term contract employees.
Employees are required to provide a medical certificate from a qualified health practitioner which states that the employee has a serious medical condition and sets out the period of time they will be unable to work. The certificate does not need to specify the medical condition, but it must state that the condition is serious. The ministry does not provide a list of serious medical conditions and instead relies on the health practitioner to assess the seriousness of the condition. A qualified health professional includes physicians, registered nurses, psychiatrists, nurse practitioners, and psychologists.
The 27 weeks of leave do not have to be taken consecutively, unlike parental and pregnancy leave. Employees can take a week or part of a week off at a time. However, taking part of a week off may count as one full week of entitlement, though taking two or more periods in the same week only uses up one full week. Employers cannot require an employee to take an entire week of leave for a single day’s absence.
Employers are not required to pay wages during this time, but the employees are protected from being fired or penalized for taking the leave – similar to pregnancy and parental leave. The employer must also retain records relating to the leave for 3 years after the leave expires.
The employee is required to inform their employer that they will be taking a leave of absence. If an employee begins long-term illness leave before notifying the employer, they must inform the employer in writing as soon as possible. If the leave is not taken continuously, the employee must provide notice to the employer each time the employee begins a new part of their leave.
If the maximum 27 weeks are not used within the 52-week period, an employee may qualify for another leave if a new medical certificate is issued and the total leave remains under 27 weeks. An employee may qualify for an additional long-term illness leave if the serious medical condition continues after the 52-week period expires.
Navigating the new ESA long-term illness leave can be complex for employers and employees. Whether you are an employer who needs to update your workplace policies, needs advice about how to implement or accommodate a long term leave or an employee seeking to understand your leave of absence rights, proactive legal advice is crucial. Contact Greenwood Law to ensure your business is compliant with the ESA amendments.
