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How does a leave of absence affect my Benefits?
How does a leave of absence affect my Benefits?

Protected leaves include maternity leave, parental leave, sick leave, and more.

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Written by Erika Gemmill
Updated over a week ago

While you are on any leave other than reservist, your employer must continue to pay employer contributions into certain benefit plans (pension, life and extended health insurance, accidental death and dental plans), unless the plan requires both employer and employee contributions and you advise your employer in writing that you will not be paying your contributions. Employees who are on reservist leave have this right only if the employer postpones the employee’s return to work.

According to the Employment Standards Act;  

"If you are protected by the ESA, you may have the right to take unpaid time off from work for the following types of leave: pregnancy, parental, personal emergency, family caregiver, family medical, critical illness, organ donor, reservist, domestic or sexual violence, child death and crime-related child disappearance leave. You may be eligible whether you are a full-time, part-time, permanent or term contract employee."

Pregnancy and Parental Leave - The first step is to inform your Employer, in writing, two (2) weeks prior to the pregnancy or parental leave.    
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You must also provide your employer with four (4) weeks written notice if you are changing the end date of your leave.
Pregnancy leave is 17 weeks, and Parental is up to 63 weeks, and are job protected. These leaves are paid through EI, and vary in duration.  You must make an application first.
See https://www.ontario.ca/document/your-guide-employment-standards-act-0/pregnancy-and-parental-leave

Family Caregiver Leave - is a job protected, unpaid leave to support a family member in a serious medical condition, for up to 8 weeks per calendar year.

Family Medical Leave - is a job protected, unpaid leave to provide care or support a family member who has a serious medical problem with a significant risk of dying within 26 weeks in a 52 week period.
Notify your Employer as soon as possible of your leave. Medical Certificate must be provided and state the same.  You may also require an attestation form to be completed, if requested.

Personal Emergency Leave - is up to 10 days per calendar year and is job protected.  The first 2 days are paid.  This leave may be taken for personal illness, injury or medical emergency. It can also be taken for the death, illness, injury, or medical emergency of, or urgent matter relating to, the certain family members.
Requirement:  a medical certificate stating that the relative has a "serious" medical condition.

Critical Illness Leave - is a job protected, unpaid leave to provide support or care to critically ill child or adult family member. Leave taken to care for a minor child can be up to 37 weeks in a 52-week period. Critical illness leave taken to care for an adult can be up to 17 weeks in a 52-week period.
Medical Certificate is required.

Organ Donor Leave - job protected, and unpaid leave for the purposes of undergoing surgery and donating an organ to another person for up to 13 weeks, with a possibility of extending for another 13 weeks.

Child Death Leave -  Child  death leave is available to employees whose child dies. You are not entitled to  the leave if the child dies as a result of a crime and you are charged with the  crime or if it is probable, considering the circumstances, that your child was  a party to the crime.  Employers are to inform their employer in writing of the leave.                                  

For more information, please see the chapter on Child Death Leave in Your Guide to the Employment Standards Act, 2000.

Crime-related Child Disappearance Leave - Crime-related child  disappearance leave is available to employees whose child disappears and it is  probable, considering the circumstances that it resulted from a crime, up to 104 weeks from date of disappearance.

 For more information, please  see the chapter on Crime-Related Child Disappearance Leave in Your Guide to the Employment Standards Act,  2000, availableat Ontario.ca/ESAguide.

Domestic or Sexual Violence Leave - If an employee or an employee’s child has experienced or been threatened  with domestic or sexual violence, the employee is entitled to take a leave for  particular purposes, for up to 10 days and/or 15 weeks within a calendar year. The first five days of the leave taken within a calendar year must be  paid, and the rest are unpaid.                    
For more information, please  see the chapter on Domestic or Sexual Violence Leave in Your Guide to the Employment Standards Act, 2000, available at Ontario.ca/ESAguide.

Reservist Leave - Employees who are military reservists and who are deployed to an international operation or to an operation within Canada that is or will be providing assistance in dealing with an emergency or its aftermath (including search and rescue operations) are entitled under the ESA to unpaid leave for the time necessary to engage in that operation.

For more information, please see the chapter on Reservist Leave in Your Guide to the Employment Standards Act, 2000.

For Medical Certificate requirements, please see https://www.labour.gov.on.ca/english/es/pdf/medcert_2018_1.pdf

Employment Insurance and other federal benefits

 The federal government provides maternity, parental and compassionate care benefits; benefits for caregivers of critically ill minor children or adults; and grants for parents of murdered and missing children. For more information, call (1-800-622-6232) (TTY: 1-800-926-9105).

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