Understanding whether you’ll be paid during leave can be confusing. In Ontario, the answer depends on the type of leave you are taking and your employer’s policies. This post clarifies which leaves are paid, which are unpaid, and what your rights are under the Employment Standards Act (ESA).

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Types of Leave and Their Payment Status

• Sick Leave:

The ESA mandates up to three unpaid sick days per year. However, many employers offer paid sick leave as part of their benefits package.

• Parental and Pregnancy Leave:

These leaves are generally unpaid under the ESA. However, eligible employees can access Employment Insurance (EI) parental benefits to partially replace lost income.

• Family Responsibility Leave:

This leave is unpaid, though it protects your job during family emergencies.

• Personal Emergency Leave:

Previously, the ESA allowed for up to 10 days of leave for personal emergencies; recent updates have integrated these provisions into other leave categories, making the payment status dependent on company policy.

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Employer Policies and Collective Agreements

Some employers provide enhanced leave benefits beyond ESA minimums. For example, many companies offer paid sick days, maternity top-ups, or other paid time off for personal or family emergencies. These benefits are typically detailed in your employment contract or company handbook. If your employer offers paid leave, ensure you understand the eligibility requirements and the process for requesting such leave.

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Understanding Your Employment Contract

Your employment contract or collective bargaining agreement may provide more generous leave benefits than the ESA requires. Always review these documents carefully. If there’s any confusion about your pay during leave, ask your HR department for clarification.

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Retaliation and Enforcement of Rights

It is illegal for an employer to penalize you for taking leave. Even if your leave is unpaid under the ESA, your job is protected during your absence. If you believe your employer is not complying with the law or your contract, you can file a complaint with the Ministry of Labour or seek legal advice.

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What to Do If You’re Unsure

• Review your contract: Ensure you know what leave benefits you’re entitled to.

• Talk to HR: Ask about any paid leave options and how they interact with government EI benefits.

• Document communications: Keep records of all discussions regarding your leave and pay.

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Free Consultation with Ottawa Employment Lawyers 

Whether your leave is paid or unpaid depends on a variety of factors, including the type of leave, your employer’s policies, and your employment contract. While the ESA sets minimum standards, many employers provide additional benefits. Being informed about your rights ensures that you are treated fairly when you take leave. Please do not hesitate to reach out to our team of experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (343) 321-0800 or fill out our contact form.