Can I take time off work if I get sick or injured?
Ontario's (ESA) says that some workers can take time off if they're sick or injured and keep their job.
The time off is called a leave of absence or a leave.
Types of leaves
If the ESA applies to your job, you may be able to take these leaves of absence:
- 3 days of sick leave
- 27 weeks of long-term illness leave
- infectious disease emergency leave
You may also be able to take a leave for family emergencies or for other reasons.
If the ESA does not apply to your job, you may be able to take time off work through Ontario's human rights laws.
Getting paid
Your employer does not have to pay you while you're on one of these leaves.
But you might have the right to be paid if:
- you're in a union
- you have a workplace policy or employment contract that gives you this right
For example, if you need to take a medical leave, you might have a benefits plan that pays for short-term or long-term disability.
You may also be able to take up to 26 weeks of Employment Insurance sickness benefits if you're away from work for medical reasons.
Getting benefits
While you're on a leave of absence, your employer must give you the same benefits that you got when you were working, such as:
- pension plans
- life insurance plans
- health and dental plans
Going back to work
When your leave of absence ends, your employer must give you your job back or give you a job that's like your old one.
But you can still lose your job for reasons that are not related to your leave. For example, this could happen if your employer goes out of business.
Your pay
When you return to your job, your employer must pay you the same amount that you earned before. Or, if your pay would have gone up if you had worked instead of taking a leave, your employer must pay you that amount.