By Laura DeVries To understand more about how we use cookies or to change your preference and browser settings, please see our Cookie policy Close GDPR message. Advanced Select Contains all of these words Contains any of these words. Sort by Select Relevance. View More Services. Employees become eligible for bereavement leave after working for an employer for at least two consecutive weeks.
Employees may take up to three days of unpaid job-protected leave each calendar year because of an illness, injury, medical emergency, or urgent matter relating to certain relatives. For some occupations, special rules may apply. The family responsibility leave can be availed after an employee has worked for an employer for at least two consecutive weeks. Family caregiver leave is an unpaid, job-protected leave of up to eight weeks per calendar year per specified family member. All employees covered by the ESA may be entitled to this leave.
An employee may take this leave to care for certain family members provided a qualified health practitioner has issued a certificate saying that they have a serious medical condition.
The certificate need not specify the medical condition. This is an unpaid, job-protected leave of up to 28 weeks in a week period. It may be taken to provide care or support to certain family members and people who are like family.
For the employee to be eligible for the leave, a qualified health practitioner should have issued a certificate stating that the said family member has a serious medical condition with a high risk of death within a period of 26 weeks.
Under the federal Employment Insurance Act, 26 weeks of employment insurance benefits may be paid to eligible staff who are on a family medical leave. Critical illness leave is unpaid job-protected leave of absence of up to 37 weeks to care for a critically ill minor child, or 17 weeks for a critically ill adult within a week period.
The requirement for a medical certificate applies. The certificate should be issued by a qualified health practitioner and confirm the critical illness of the adult or minor child concerned and specify the period for which they require the care or support. Employees covered by the Employment Standards Act, ESA , who have worked for their employers for at least six consecutive months have the right to critical illness leave.
Employees who take the critical illness leave may be eligible for Employment Insurance EI special benefits for caregivers of critically ill minor children who are family members for up to 35 weeks. The benefit duration for family members of critically ill adults is up to 15 weeks. This is an unpaid, job-protected leave of up to 13 weeks, for undergoing surgery to donate all or part of certain organs to a person.
It can be extended in some cases up to an additional 13 weeks. Reservist employees deployed to an international operation or one within Canada that would be assisting in an emergency, or its aftermath, are entitled to unpaid leave for the duration of the said operation.
To be eligible for reservist leave, an employee must have worked for an employer for at least six consecutive months. Child death leave is an unpaid, job-protected leave of absence. It provides up to weeks of time off in case of the death of a child. If an employee has been employed for at least six consecutive months, they are entitled to child death leave.
The leave must be taken in a single period and within the week period that begins in the week the child died. This, too, is an unpaid job-protected leave of absence. It provides up to weeks in case of a crime-related disappearance of a child. The employee must have been employed for at least six consecutive months to be able to avail this leave. Domestic or sexual violence leave is a job-protected leave of absence. Only the first five days of the leave are paid.
The affected employee can either avail of the domestic and sexual violence leave as a day period as individual days or in any combination for up to 10 days or a week period taken continuously or in parts.
The requirement for notice applies to all leaves, including bereavement leave, family responsibility leave, family caregiver leave, critical illness leave. When terminating the employment of an employee who has worked continuously for three months, the employer must give the employee either a written notice of termination, termination pay or a combination that equals the length of notice the employee is entitled to get.
Some employees may not be entitled to notice of termination or termination pay under the ESA. For instance, employees who are guilty of intentional misconduct, disobedience, or wilful neglect of duty that is serious.
Construction staff, employees who turn down an offer of reasonable alternative employment and those employed for less than three months are some other examples.
Under the ESA, an employer is not required to give a reason for a without cause termination, but reasons must be provided in case of a with cause termination.
Employees cannot be terminated for exercising their rights under the ESA or turning down work in excess of the daily or weekly work hour limit or for taking a statutory leave of absence they are entitled to. When an employee is terminated, they may be entitled to severance pay in addition to notice of termination or pay in-lieu thereof.
These are as follows:. But from January 2, , the usual ESA rules around constructive dismissal and temporary layoff will resume. It is not a legal document. If a provision in an agreement provides a greater right or benefit than an employment standard, then that provision applies.
No employee can agree to give up his or her rights under the ESA for example, the right to sick leave or family responsibility leave. Any such agreement is invalid. The employer is responsible for making decisions about dress codes, uniforms and other clothing requirements.
However, a dress code can't violate a collective agreement at the workplace, the Ontario Human Rights Code or the rules under the Occupational Health and Safety Act. Section There is an exception to this prohibition for employers of workers working as performers in the entertainment and advertising industry.
The section Footwear provisions in the Regulations for Construction Projects O. Some employers require employees to pay for personal uniforms or other items as a condition of having a job.
This practice is not prohibited by the ESA. Employees should ask the employer about any special requirements before accepting a job. Even if an employee agrees in writing, there are certain situations where the deduction may not be made. For example, an employer cannot make deductions for a cash shortage when more than one individual has access to a cash register — even with a written agreement.
Also, an employer is prohibited from deducting an amount due to faulty work. However, employers may make deductions from tips if it is required by statute or court order. Even if the employer collects tips or other gratuities to redistribute them as part of a tip pool, a sole proprietor, partner, director or shareholder in the business can only participate in the tip pool where he or she regularly performs to a substantial degree the same work performed by some or all of the employees who share in the redistribution, or the same work performed by employees of other employers in the same industry who commonly receive or share tips or other gratuities.
This isn't covered by the ESA. The employer is responsible for deciding whether employees get a discount on products the employer makes or sells, or on services the employer provides. The employer is also the one who determines how much the discount will be. These come under the jurisdiction of the federal government. The Occupational Health and Safety Act OHSA requires employers to develop a workplace harassment policy and program, and to provide information and instruction to workers on the policy and program.
For information about the prohibition of sexual harassment, harassment and discrimination under the Ontario Human Rights Code, call your local Ontario Human Rights Commission office. For information about domestic or sexual violence leave under the ESA , please refer to the domestic or sexual violence leave chapter of Your Guide to the Employment Standards Act.
The ESA does not require employers to provide pension plans. However, if they do, they are required to allow employees to continue participating in the plans and certain other benefit plans, if these are provided when on pregnancy, parental, sick, family responsibility, bereavement, family caregiver, family medical, critical illness, organ donor, domestic or sexual violence, reservist with some exceptions , child death leave or crime-related child disappearance leave under the ESA.
In addition, the ESA does not allow employers to discriminate on the basis of age, sex, marital status or same-sex partnership status in the provision of benefit plans, including pension plans, unless this is allowed by the Benefit Plans Regulation under the ESA. This encourages employers to provide students enrolled in a college or university program with practical training that adds to their classroom learning.
The Ministry of Labour, Training and Skills Development advances safe, fair and harmonious workplace practices that are essential to the social and economic well-being of the people of Ontario. Skip to main content. Employee status. An individual considered an employee may be entitled to rights such as: minimum wage overtime pay public holidays vacation with pay notice of termination or termination pay Under the ESA , employers are not allowed to treat employees as if they are not employees.
How to tell who is an employee The relationship between an individual and the business or person they are working for determines whether the individual is an employee and entitled to protections under the ESA.
An individual may be considered an employee under the ESA when at least some of the following describes the relationship: the work the individual performs is an important part of the business the business decides: what the individual is to do how much the individual will be paid where and when the work is performed the business provides the individual with tools, equipment or materials to perform the work the individual cannot subcontract their work to someone else the business has the right to suspend, dismiss or otherwise discipline the individual If you're unsure who is an employee under the ESA , call theMinistry of Labour, Training and Skills Development's Employment Standards Information Centre at: toll-free at TTY The Information Centre can help callers in multiple languages.
If you're still unsure whether someone is an employee, please talk to a lawyer. How to tell who is an independent contractor An independent contractor is someone who is in business for themselves.
An individual may be considered an independent contractor, and not covered by the ESA , when at least some of the following applies : the business can end the individual's contract for services, but cannot discipline the individual the individual: has the opportunity to make a profit and has a risk of losing money from the work determines how, when or where the work is performed decides whether to subcontract some of the work Example Fariah works as a customer service representative for a sales business.
The employment standards officer orders the sales business to: pay Fariah the overtime pay, vacation pay and public holiday pay that she was entitled to as an employee orders the employer to issue wage statements and keep records Employee or independent contractor: Common misconceptions An individual may be considered an employee even if: the individual and the business agree orally or in writing that the individual is an independent contractor.
It is the relationship between the individual and the business or person that matters, not the label that is given to it the individual: charges the harmonized sales tax HST submits invoices to the business uses their own vehicle for work purposes the business does not make statutory deductions for example, tax, Canada Pension Plan CPP or Employment Insurance EI from the person's pay another government agency for example, the Canada Revenue Agency determines that the individual is not an employee under their legislation Volunteers Volunteers are not employees under the ESA.
The main factors that determine whether someone is a volunteer or an employee are how much: the business or person benefits from the individual's services the individual views the arrangement as being in pursuit of a living In family-run businesses, the question will often be whether the individual is providing services in pursuit of a living or in service of the family.
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