5. Learn about your human rights

If you need time off work because you're sick, you may also have rights based on Ontario's human rights laws. You may have these rights even if the (ESA) does not apply to you.

Ontario's human rights laws say that you should not be discriminated against at work because you have a . A disability can include:

injuries that are serious or last a long time
physical illnesses
mental health conditions

Accommodation

Your employer must do what they can to make things fair for you. The legal word for this is .

For example, your employer might have to let you take a leave of absence to:

get medical treatment, or
get better after you've been sick or injured.

They do not have to pay you while you're on a leave for human rights reasons. But they usually have to give you your job back when your leave ends, or a job that's like your old one.

Accommodation can include other things besides getting time off work. Read more about asking for an accommodation in I have a disability. What are my rights at work?

Taking a leave as an accommodation

The amount of time off you can get as an accommodation depends on what you need for your disability. You may be able to take more time off than the ESA says you can get for other leaves.

But your employer may not have to give you a leave if there's a way to meet your needs that lets you do your job. For example, you might be able to work if you have slightly different duties or changes to your work hours.

Your employer does not have to let you stay on leave forever. For example, if your doctor says you will not be able to work again, you could lose your job. It's a good idea to get legal advice if this happens.

Get legal help

You may want to get advice before asking your employer for accommodation.

Lawyers or paralegals

You should speak with a lawyer or paralegal as soon as you can. They can help you figure out:

if there are things you can do so your employer will you
what kinds of accommodations you can ask for
what to do if your employer does not accommodate you

Community legal clinics

Community legal clinics provide free legal services to people with low incomes.

Pro Bono Ontario

You might also be able to get legal help from Pro Bono Ontario. You can call them for 30 minutes of free legal advice.

Human Rights Legal Support Centre

You can contact the Human Rights Legal Support Centre for free legal advice and information.