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231 Main Street West, Main Floor
Hamilton, ON
L8P 1J4

Phone: (905) 777-9990
Fax: (905) 777-9998




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Whether it’s Group Insurance, Retirement Programs or Individual Insurance, we make it our business to understand our clients’ needs and are dedicated to deliver the best solutions. We act and feel like an extension of your organization.

Our expertise is your advantage!

New Leave of Absence Legislation


Ontario has made changes effective October 29, 2014, to the Employment Standards Amendment Act (ESA), through the addition of three new “leaves of absence” which have been designed to help families. There are a number of important items that as an employer you will want to be familiar with. For example, the Family Caregiver Leave has no requirement for the length of time an employee must be employed, while the Critically Ill Child Care Leave and Crime-Related Child Death or Disappearance Leave require an employee to be employed for 6 consecutive months to be eligible for these leaves. More details on these job-protected leaves are as follows.

Family Caregiver Leave
Up to eight weeks of unpaid, job-protected leave for employees to provide care or support to a family member with a serious medical condition. Family Caregiver Leave may be taken to provide care or support to certain family members for whom a qualified health practitioner has issued a certificate stating that he or she has a serious medical condition.
Family Medical Leave is another job-protected leave available under the Employment Standards Act, 2000 (ESA) for employees with certain relatives who have a serious medical condition. One of the main differences between Family Caregiver Leave and Family Medical Leave is that an employee is only eligible for the latter if the family member who has a serious medical condition has a significant risk of death occurring within a period of 26 weeks.

Eligibility
All employees, whether full-time, part-time, permanent, or term contract, who are covered by the Employment Standards Act, may be entitled to Family Caregiver Leave.

There is no requirement that an employee be employed for a particular length of time, or that the employer employ a specific number of employees for the employee to qualify for Family Caregiver Leave.

Care or support includes, but is not limited to,: providing psychological or emotional support,; arranging for care by a third-party provider,; or directly providing or participating in the care of the family member.

The specified family members for whom a Family Caregiver Leave may be taken are:
• the employee’s spouse (including same-sex spouse)
• a parent, step-parent or foster parent of the employee or the employee’s spouse
• a child, step-child or foster child of the employee or the employee’s spouse
• a grandparent or step-grandparent of the employee or the employee’s spouse
• a grandchild or step-grandchild of the employee or the employee’s spouse
• a spouse of a child of the employee
• a brother or sister of the employee
• a relative of the employee who is dependent on the employee for care or assistance.
The specified family members do not have to live in Ontario for the employee to be eligible for Family Caregiver Leave.

Critically Ill Child Care Leave
Up to 37 weeks of unpaid, job-protected leave to provide care to a critically ill child.

Eligibility
Critically Ill Child Care Leave may be taken to provide care or support to a critically ill child of the employee for whom a qualified health practitioner has issued a certificate stating:
1. that the child is a critically ill child who requires the care or support of one or more parents, and
2. sets out the period during which the child requires the care or support.

A “child” means a child, step-child, foster child or child who is under legal guardianship, and who is under 18 years of age.
A “critically ill child” means a child whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury. It does not include chronic conditions.
All employees who have been employed by their employer for at least six consecutive months and who are covered by the Employment Standards Act, 2000 (ESA) may be entitled to Critically Ill Child Care Leave, whether they are full-time, part-time, permanent or term contract.

Crime-Related Child Death or Disappearance Leave
Unpaid, job-protected leave for parents whose child is missing or has died as a result of a crime.

Eligibility
Employees who have been employed by their employer for at least six consecutive months and who are covered by the Employment Standards Act, 2000 (ESA) are entitled to Crime-Related Child Death or Disappearance Leave if it is probable, considering the circumstances, that a child of the employee died or disappeared as a result of a crime.
An employee is not entitled to this leave if the employee is charged with the crime or if it is probable, considering the circumstances, that the child was a party to the crime.
“Child” means a child, step-child or foster child who is under 18 years of age.
Generally speaking, crime means an offence under the Criminal Code of Canada.
This information has been sourced from the Ontario Ministry of Labour website at http://www.labour.gov.on.ca/english/es/pubs/guide/caregiver.php



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231 Main Street West, Main Floor
Hamilton, ON
L8P 1J4
Phone: (905) 777-9990
Email: rmarsh@bisinc.ca