As of June 19, 2025, Ontario’s Employment Standards Act, 2000 is amended under the Working for Workers Six Act, 2024 (Bill 229). Bill 229 introduced a new statutory unpaid, job‑protected long‑term illness leave. While leaves for long-term illnesses of family members, and children already exist in Ontario, this leave marks the first time that employees in Ontario have an ESA legislated entitlement to extended leave for their own serious medical conditions.
Eligibility Criteria and Details
An employee becomes eligible for the leave once they have completed 13 consecutive weeks of employment with the same employer. The leave is available only if the individual is unable to perform their duties due to a “serious medical condition”, which may be chronic or episodic. The condition must be certified by a qualified health practitioner who issues a certificate confirming the existence of the serious medical condition and specifying the expected duration of incapacity.
Eligible employees are entitled to up to 27 weeks of unpaid leave within a 52‑week period. The leave does not need to be taken in one consecutive block; intermittent periods are permitted, provided the total does not exceed the cap. If an initial medical certificate specifies fewer than 27 weeks of incapacity, the leave cannot exceed that duration unless another certificate is provided.
During the leave, an employer must maintain the employee’s position or, if the employee’s position no longer exists, the employer must return the employee to a comparable position. This reinstatement obligation reflects existing protections under other ESA leaves. Ontario’s Human Rights Code also contains accommodation obligations which may, depending on the circumstance, entitle the employee to a longer leave of absence if appropriate. The long‑term illness leave establishes a clear minimum job‑protected leave entitlement but does not replace broader duties to accommodate under human rights legislation that may exceed 27 weeks. Please contact Bridge Legal & HR Solutions, details below, for specific advice tailored to your workplace.
Medical Evidence
Employers may require a medical certificate from a qualified health practitioner, and the employee is obligated to provide such a certificate under the new legislation. Employers should update their workplace policies so that documentation requirements meet ESA requirements, if such requirements are listed in their policies or handbooks. Care needs to be taken at all times when requesting employee medical information, especially with respect to diagnoses.
Next Steps
Employers should review their leave, disability and accommodation policies to ensure this new entitlement is reflected accurately. Communications, training, and HR procedures should also be updated so that all staff members, including HR, understand the requirements of this new ESA legislated leave.
At Bridge Legal & HR Solutions we can help you untangle and understand the web of obligations that applies to your employment relationships. To find out how we can help, contact us through our contact form or call us at 647-794-5442.
