eSignature Legality for Leave of Absence Agreement in Canada: Simplifying Document Signing Process

How to eSign a document: e-signature legality for Leave of Absence Agreement in Canada

[Music] so what exactly does the law have to say about leaves of absence under Ontario's employment standards act before we dive in remember the esa doesn't apply to every type of job be sure to watch our detailed video explaining which jobs fall outside its protections also this video is for educational purposes only and does not constitute legal advice and it is not intended to create a solicitor client relationship so how does this all work if you're an employee you might think that taking a leave of absence from your job is always completely up to the discretion of your employer if you're an employer you might be under the impression that your employees only get to take a leave of absence if you allow it fortunately for employees there are certain types of leaves of absence that the employee is entitled to and cannot be fired for If an employer does fire or otherwise retaliate against an employee for taking a leave of absence that is permitted by the esa then the employer can face Financial punishment for doing so as well as other consequences my name is Ryan Keeny and I'm a lawyer in Ontario let's get into it leaves of absence are regulated by part 14 of the esa and that part includes sections 45 to 53.1 of the esa since the wording of these sections can get really complicated this video will explain each of these sections in simple terms so anyone who is an employer or employee can easily understand the rules assuming the job is in Ontario and the job is regulated by the esa starting with section 45 this section just deals with some basic definitions such as parent and spouse because some of the laws about leaves of absence use these words so it's important to have a clear understanding of the exact legal definitions of these words the term parent in the context of the esa is Broad it includes not only biological or adoptive parents but also individuals who are placed with a child for adoption moreover it extends to anyone in a relationship of some permanence with a parent of a child who intends to treat the child as their own this inclusive definition recognizes various family structures and caregiving Arrangements ensuring that a range of individuals responsible for children can Avail themselves of relevant leave Provisions similarly the definition of spouse under the esa is also inclusive it encompasses not only spouses as defined in the Family Law act but also includes individuals living together in a conjugal relationship outside of marriage this definition acknowledges different forms of conjugal relationships whether or not they are formalized through marriage these definitions set the foundation for understanding who is eligible for various types of leaves under the esa by clarifying these terms the ACT ensures that its Provisions are applicable to a wide range of family and caregiving scenarios reflecting the diversity of modern relationships and family structures in Ontario understanding these definitions is key as we move forward to discuss the specific types of leaves covered in the esa each designed to accommodate different life situations while balancing the needs of both employees and employers moving on to section 46 of the esa this section provides comprehensive guidelines regarding pregnancy leave which is a critical entitlement for PR pregnant employees subsection one of section 46 establishes that a pregnant employee is entitled to a leave of absence without pay provided that her due date is at least 13 weeks after the commencement of her employment this stipulation ensures that employees who have recently joined a workplace are also eligible for pregnancy leave as long as the timing criteria are met section 46 subsection 2 details when an employee can begin her pregnancy leave it can start no earlier than 17 weeks before the due date or on the day of the birth whichever comes first this flexibility allows the employee to choose a starting date for the leave based on personal preference or medical advice however subsection 463 notes an exception to clause 462b in cases of a pregnancy that ends in a still birth or miscarriage in such unfortunate circumstances the Le's commencement is not bound to the day of birth as originally stated subsection 3.1 of section 46 further clarifies the latest possible day to begin pregnancy leave it must start no later than the due date or the day of birth whichever is earlier regarding the notice requirement in subsection 4 of section 46 an employee who intends to take pregnancy leave must provide the employer with written notice at least 2 weeks before the leave is to begin additionally if requested by the employer a medical certificate stating the due date must be provided subsection 5 of section 46 addresses changes to the leave start date if an employee wishes to start the leave earlier or later than initially notified a new written notice must be provided at least 2 weeks before the revised start date finally subse 6 of section 46 covers situations where an employee must stop working due to pregnancy complications or an early birth still birth or miscarriage in these cases the standard notice requirement does not apply instead the employee must inform the employer within 2 weeks after stopping work and provide a medical certificate detailing the complication and due date or the actual date of birth still birth or miscarriage if requested this section of the esa provides critical protections for pregnant employees ensuring they have the right to take time off around the birth of their child while also setting clear guidelines for both employees and employers regarding the leave process building upon our discussion of section 46 regarding pregnancy leave section 46.1 of the esa provides important clarifications on the term legally qualified medical practitioner which is essential for understanding the medical certification requirements in section 46 the term legally qualified medical practitioner as defined in section 46.1 encompasses a range of healthc Care Professionals this includes a person qualified to practice as a physician a person qualified to practice as a midwife and a registered nurse who holds an extended certificate of registration under the nursing act 1991 additionally in prescribed circumstances it can also include a member of a prescribed class of medical practitioners this inclusive definition ensures that pregnant employees can obtain the necessary medical documentation from a variety of recognized healthc Care Professionals offering flexibility and accessibility this is especially important in cases where the employee needs to provide medical certification to to the employer either as part of the notice requirement for pregnancy leave or in situations where complications arise requiring an early departure from work by clarifying this definition the esa ensures that the requirements for medical documentation related to pregnancy leave are comprehensive yet flexible accommodating the diverse medical professionals who might be involved in prenatal and maternity care this approach underscores the importance of credible medical input while respecting the varied Healthcare choices and needs of pregnant employees moving on to section 47 of the esa this section outlines the guidelines for the end of pregnancy leave providing Clarity on when such leave concludes and the options available to employees in terms of altering the leave duration under subsection one of section 47 the end of an employees pregnancy leave is determined by whether she is entitled to parental leave or not we'll talk about it later but parental leave is different from pregnancy leave if entitled to parental leave the pregnancy leave ends 17 weeks after it began if not entitled to parental leave the leave ends on the later of 17 weeks after it began or 12 weeks after the birth still birth or miscarriage this provision allows for a standard duration of pregnancy leave while also considering extended time in the event of postbirth recovery or complications subsection 1.1 of section 47 addresses a transitional provision for employees who began their pregnancy leave before January 1st 2018 and are not entitled to parental leave for these employees the pregnancy leave ends on the later of 17 weeks after it started or 6 weeks after the birth still birth or miscarriage subsection 2 of section 47 allows an employee to end her leave earlier than stipulated by providing the employer with written notice at least 4 weeks before the desired end date this flexibility enables employees to return to work sooner if they wish based on personal or professional circumstances subsection 3 of section 47 elaborates on the process for changing the end date of the leave an employee who has already given notice to end her pregnancy leave can either bring forward or push back the leave end date provided they give a new written notice at least 4 weeks before the Revis date this provision ensures that both the employee and employer can adequately prepare for the employees return to work subsection 4 of section 47 states that an employee who takes pregnancy leave should not terminate her employment before or upon the expiry of the leave without giving the employer at least four weeks written notice this ensures proper notice is given to the employer allowing for smoother Transitions and workforce planning finally subsection five of section 47 the requirement in subsection 4 does not apply if the employer constructively dismisses the employee this exception acknowledges situations where the employment relationship is untenable absolving the employee from the notice requirement in such cases together these Provisions in section 47 of the esa provide a comprehensive framework for managing the end of pregnancy leave balancing the needs and rights of the employee with the operational requirements of the employer moving on to section 48 of the esa this section provides detailed guidelines regarding parental leave a crucial right for employees who are parents subsection 481 establishes that that an employee who has been employed for at least 13 weeks and is a parent is entitled to an unpaid leave of absence following the birth of their child or the first time the child comes into their custody care and control this provision ensures that new parents regardless of gender have the right to take time off to care for their newborn or newly adopted child subsection two specifies the time frame within which parental leave can be taken an employee May begin parental leave no later than 78 weeks after the child is born or first comes into their custody Care and Control control this extended period acknowledges the diverse circumstances of families and provides flexibility for parents to commence their leave based on personal or family needs subsection 2.1 addresses a transitional provision for employees whose child was born or came into their custody before the enactment of a specific amendment in 2017 for these employees the parental leave must begin no later than 52 weeks after the child's birth or the day the child first came into their custody subsection 3 deals with employees who have taken pregnancy Le leave these employees must start their parental leave immediately after the end of the pregnancy leave unless the child has not yet come into their custody care and control regarding notice requirements subsection 4 states that employees wishing to take parental leave must give their employer written notice at least 2 weeks before the leave is set to begin subsection five provides options for changing the leave start date if an employee wants to start the leave earlier or later than initially notified they must provide a new written notice at least 2 weeks before the revised date finally subsection 6 covers situations where the child comes into the employees custody earlier than expected in such cases the employees parental leave begins on the day they stop working and they must notify the employer in writing within 2 weeks after stopping work these Provisions in section 48 ensure that parents are afforded the time and flexibility to care for their new child balancing the needs of the family with the operational requirements of the employer moving on to section 49 of the esa this section addresses the duration and termination a of Parental leave providing Clarity on when such leave concludes and the option available to employees in terms of altering the leave duration subsection one of section 49 specifies the length of Parental leave the leave ends 61 weeks after it began for employees who also took pregnancy leave and 63 weeks after it began for those who did not this distinction accounts for the additional time off that might have been taken for pregnancy leave ensuring a comprehensive period for Parental care subsection 49 1.1 one introduces a transitional provision for employees whose child was born or came into their custody before a specific amendment in 2017 for these employees parental leave ends 35 weeks after it began if they also took pregnancy leave and 37 weeks after it began otherwise this transitional rule recognizes the different leave durations that were in place prior to the legislative changes subsection 492 allows an employee to end their parental leave earlier than the stipulated end date by providing the employe employer with written notice at least 4 weeks before the desired end date this flexibility enables employees to return to work sooner if they wish based on personal or professional circumstances subsection 493 elaborates on the process for changing the end date of the leave an employee who has already given notice to end their parental leave can either bring forward or push back the leave end date provided they give a new written notice at least four weeks before the revised date this provision ensures that both the employee and employer can adequately prepare for the employees return to work subsection 494 states that an employee who takes parental leave should not terminate their employment before or upon the expiry of the leave without giving the employer at least four weeks written notice this ensures proper notice is given to the employer allowing for smoother Transitions and workforce planning finally subsection 495 clarifies that the requirement in subsection 4 does not apply if the employer constructively dismisses the employee this exception acknowledges situations where the employment relationship is untenable absolving the empy employee from the notice requirement in such cases together these Provisions in section 49 of the esa provide a comprehensive framework for managing the end of Parental leave balancing the needs and rights of the employee with the operational requirements of the employer moving on to section 49.1 of the esa this section focuses on family medical leave detailing the entitlements and procedures for employees needing to take leave for serious medical conditions within their family subsection one of section 49.1 defines qualified Health practitioner to include Physicians registered nurses with extended certificates or other health practitioners as prescribed in certain circumstances this broad definition ensures that various healthc Care Professionals can certify the need for family medical leave subsection 2 of section 49.1 entitles an employee to a leave of absence without pay of up to 28 weeks to provide care or support to a family member as described in subsection 3 if the family member has a serious medical condition with a significant risk of death within 26 weeks this provision is is crucial for employees needing to care for critically ill family members subsection 3 of section 49.1 enumerates the individuals considered as family members for the purposes of this leave encompassing a wide range of familial relationships including spouses parents children siblings grandparents in-laws uncles aunts nephews nieces and individuals who are like family members under certain conditions subsection 4 of section 49.1 sets out the earliest date an employee can begin this leave aligning it with the start of the week in which the need for care or support begins as certified by a health practitioner subsection 5 of section 49.1 specifies the latest date an employee can remain on leave it ends on the earlier of the date the family member dies or the last day of the 52- we period starting on the first day of the week when the need for care began subsection 5.1 of section 49.1 provides Clarity that under certain conditions no additional certificate is necessary for the continuation of the leave beyond the period mentioned in subsection two as long as the total leave does not exceed 28 weeks subsection 6 of 49.1 notes that if multiple employees take leave for the same individual the total combined leave taken shall not exceed 28 weeks during the relevant 52- we period subsection 7 of section 49.1 says that the leave must be taken in entire week periods ensuring consistency in the Le's duration subsections 8 and N detail the process of advising the employer about taking the leave requiring written notice before the leave begins or as soon as possible after it begins in casee of urgent situations subsection 10 of section 49.1 requires employees to provide their employers with a copy of the medical certificate if requested subsection 11 of this section allows for further leave if the family member does not die within the initial 52e period subject to the same conditions as the first leave since subsection 12 of section 49.1 was repealed meaning it is no longer part of the law and no longer in force we're going to skip that section also if you notice that some subsections get skipped in in this video that's the reason for it finally subsection 13 of section 49.1 contains a transitional provision for certificates issued before January 1st 2018 applying the section as it was before that date you'll see that a lot in legislation where new laws have a transitional period applied so just keep that in mind section 49.1 provides significant support to employees during challenging times allowing them to take necessary time off to care for family members with serious medical conditions while setting out clear guidelines for both employees and employers moving on to section 49.2 of the esa this section comprehensively outlines the provisions for organ donor leave recognizing the significant Act of donating an organ and the recovery time needed for such a procedure subsection one of section 49.2 provides definitions crucial for understanding this leave legally qualified medical practitioner includes physicians in Ontario or equivalent practitioners in other jurisdictions where the organ donation surgery occurs organ is defined to include specific organs like the kidney liver lung pancreas small bowel and others as prescribed ensuring a broad coverage for various types of organ donations subsection 2 of section 49.2 extends the application of this section to include prescribed tissues acknowledging that tissue donation can also necessitate leave subsection three of this section establishes that an employee who undergos surgery for organ donation is entitled to a leave of absence without pay provided they have been employed for at least 13 weeks this entitlement reflects the societal value placed on the life-saving act of organ donation subsection 4 of section 49.2 allows employers to request a medical certificate confirming the employees surgery for organ donation this provision ensures that the leave is being utilized for its intended purpose subsection 5 of section 49.2 states that an employee can take leave for up to 13 weeks or for a prescribed period offering a substantial recovery period post surgery subsections 6 and 7 provide for the the extension of this leave if a medical practitioner certifies that the employee needs more time to recover the extension can be more than once but not exceed 13 weeks in total ensuring adequate recovery time while also considering the operational needs of the employer subsection 8 of this section details when the leave can begin either on the surgery day or earlier as specified in a medical certificate subsection 9 of section 49.2 sets the standard end date of the leave either after the prescribed period or 13 weeks from the start of the leave sub section 10 and 11 addresses the scenario of leave extension specifying the Le's end date based on the latest medical certificate or a set time frame and allows employees to end their leave earlier by providing at least 2 weeks written notice to their employer subsections 12 and 13 cover the notice requirements for taking or extending the leave ensuring the employer is informed in a timely manner lastly subsection 14 of section 49.2 obligates employees to provide required medical certificates as soon as possible facilitating a smooth process for both the employee and employer in summary all of these 14 subsections of section 49.2 function together to provide a structured and supportive framework for employees who undergo organ donation surgery recognizing the significance of this act and the need for adequate recovery time moving on to section 49.3 of the esa this section introduces the concept of family caregiver leave offering guidelines for employees needing to provide care or support to family members with serious medical conditions subsection 1 of section 49.3 defines qualified Health practitioner to include Physicians registered nurses psychologists or other health practitioners as prescribed ensuring a broad scope of medical professionals who can certify the need for family caregiver leave subsection two of section 49.3 entitles an employee to a leave of absence without pay to provide care or support to specific family members as listed in subsection 5 if a qualified Health practitioner issues a certificate confirming that the family member has a serious Medical condition we'll get to subsection 5 in a few moments so just sit tight subsection 3 of section 49.3 clarifies that a serious medical condition may include chronic or episodic conditions acknowledging the wide range of health issues that can necessitate caregivers support subsection four of this section provides that an employee is entitled to up to 8 weeks of leave under this section for each individual described in subsection 5 in each calendar year this limit ensures a balance between the need for family care and the operational needs of the employer subsection five enumerates the individuals for whom an employee can take this leave including the employees spouse parents stepparents or foster parents of the employee or the employees spouse it also includes children stepchildren or foster children of the employee or the employees spouse moreover grandparents step-grandparents grandchild or step grandchild of the employee or the employees spouse furthermore also included is the spouse of a child of the employee like a son-in-law or daughter-in-law siblings of the employee independent relatives or any other individual prescribed in the regulations by the way when you hear the the word prescribed or prescribed in the regulations that basically means that there are additional laws in other documents called regulations which are technically part of the original legislation but are considered separate documents subsection 6 of section 49.3 requires the employee wishing to take this leave to advise their employer in writing this notice ensures that employers are aware of the employees intentions and can make necessary arrangements subsections 7 and 7.1 of section 49.3 addresses situations where the employee must begin the leave urgently and cannot provide advanced notice in such cases the employee must inform the employer in writing as soon as possible after beginning the leave the law allows employers to deem any part of a week taken as leave as a full week of leave for the purposes of calculating the total leave entitlement this provision simplifies leave tracking for employers subsection 8 of section 49.3 states that if requested by the employer the employee shall provide a copy copy of the medical certificate as soon as possible in summary section 49.3 of the esa provides a structured framework for family caregiver leave acknowledging the importance of supporting family members with serious medical conditions and balancing this with the needs of the workplace moving on to section 49.4 of the esa we delve into the critical illness leave Provisions this section provides essential definitions and stipulates the leave entitlements for employees needing to care for critically ill family members subsection 1 of section 49.4 Define key terms such as adult critically ill family member and qualified Health practitioner these definitions establish the framework for who can take leave and under what circumstances subsections 2 and 5 of section 49.4 detail the entitlements for leave to provide care or support to critically ill minor children and adults respectively these subsections require a qualified Health practitioner certificate stating the individuals critical illness and the period they require care subsection 3 entitles an employee to take up to 37 7 weeks of leave to provide care for a critically ill minor child while subsection 49.4 point6 allows up to 17 weeks for a critically ill adult subsections 4 and 7 clarify that if the certificate specifies a period of care less than the maximum allowed weeks the employees leave entitlement is limited to that specified duration subsections 8 and N outline when the leave must end either on the last day of the period specified in the certificate or if the period is 52 weeks or longer no later than the last day of the 52- we period beginning on the date of the certificates issuance or the date the individual became critically ill subsection 10 of section 494 addresses the situation where the critically ill individual dies during the employees leave stipulating that the leave ends on the last day of the week in which the death occurs subsections 11 and 12 state that the total leave taken by one or more employees for the same critically ill individual cannot exceed 37 weeks for a minor child and 17 weeks for an adult subsection 13 restricts an employee from taking leave under the adult provision if they are already on leave for the same individual under the minor child provision within the same 52e period subsections 14 and 15 allow for an extension or a new leave if the critically ill individual remains critically ill past the initial leave period subject to certain conditions subsections 17 and 18 of section 49.4 require the employee to inform the employer in writing about their intention to take the leave and provide a plan indicating the weeks they intend to take the leave subsections 19 and 20 allows employees to take leave at different times than initially planned subject to the employer's written permission or reasonable written notice of the change the law states that the employer May request a copy of the medical certificate which the employee must provide as soon as possible lastly subsection 22 of section 49.4 provides a transitional provision for certificates issued before the fair workplaces better jobs act came into force in summary section 49.4 recognizes the significant role employees may have in caring for critically ill family members and establishes a framework for employees to balance work responsibilities with crucial Family Care needs moving on to section 49.5 of the esa we explore the provisions regarding child death leave this section provides definitions and outlines the entitlements for employees who experience the tragic loss of a child subsection one defines key terms such as child crime and weak these definitions are crucial for understanding who is covered under this section and the duration of the leave entitlement subsection 2 of section 49.5 states that an employee who has been with their employer for at least six consecutive months is entitled to a leave of absence without pay of up to 104 weeks if their child dies this provides significant time for grieving and dealing with the aftermath of such a loss subsections three and four specifies that an employee is not entitled to this leave if they are charged with a crime related to the child's death or if it is probable that the child was a party to a crime leading to their death the law stipulates that the leave must be taken in a single period emphasizing the uninterrupted nature of this time for the employee subsections 5 and six limit the leave to the 105 we period beginning in the week of the child's death providing a clear time frame for when the leave can be taken the law indicates that the total leave taken by one or more employees in respect of a death or deaths resulting from the same event cannot exceed 104 weeks subsections 7 and 8 require the employee to inform the employer in writing about their intention to take the leave and provide a written plan indicating the weeks they intend to take the leave subsections 9 and 10 of section 49.5 allows employees to take leave at times other than initially planned subject to the employer's written permission or four weeks written notice employers are permitted to require evidence reasonable in the circumstances of the employees entitlement to the leave finally subsection 12 provides a transitional provision for employees who were on a crimer related child death or disappearance leave as of December 31st 2017 in summary section 49.5 of the esa acknowledges the profound impact of a child's death on an employee and provides a structured framework for taking necessary time off ensuring that employees have the support and time they need during such a difficult period moving on to section 49.6 of the esa we delve into the regulations concerning crimer related child disappearance leave this section focuses on providing support for employees facing the distressing circumstance of a child's disappearance due to a probable crime subsection one establish es the necessary definitions for child crime and weak to understand the context and applicability of this leave subsection 2 of section 49.6 entitles an employee who has been with their employer for at least six consecutive months to take up to 104 weeks of unpaid leave if their child disappears under circumstances suggesting a crime this extended period acknowledges the significant emotional and logistical challenges involved in such situations subsection 3 provides a transitional rule for disappearances occurring before January 1st 20 8 aligning them with the provisions of section 49.5 as it was on December 31st 2017 subsections 4 and 5 of section 49.6 clarify that this leave is not applicable if the employee is charged with the crime related to the child's disappearance or if it's likely that the child was involved in the crime leading to their disappearance the law states that if circumstances change and it no longer seems probable that The Disappearance was crime related the employees entitlement to leave ends subsections 6 and 7 set out rules for when a child is found within the 104 we leave period If the child is found alive the employee can remain on leave for an additional 14 days if the child is found deceased the leave ends at the week's end a different type of leave period would apply to that type of tragic situation the law assures that an employees eligibility for child death leave under Section 49.5 is unaffected by the provisions of Section 49.6 subsections 8 and9 of section 49.6 dictates that the leave must be taken in a single period emphasizing the uninterrupted nature of this leave the law limits the leave to the 105 we period starting in the week the child disappears defining a specific time frame for when the leave can be taken subsection 10 specifies that the total leave taken by one or more employees in respect of a disappearance or disappearances resulting from the same event is limited to 104 weeks subsections 11 and 12 of section 49.6 require employees to inform their employer in writing of their intention to take the leave and provide a written plan indicating the weeks they intend to take subsections 13 and 14 allow for flexibility in the timing of the leave subject to the employer's written permission or 4 weeks written notice this law permits employers to request reasonable evidence of the employes entitlement to the leave in summary section 49.6 of the esa recognizes the profound impact of a child's disappearance on an employee and provides a framework to support them during such a challenging time ensuring they have time and space to deal with the situation moving on to section 49.7 we examine the provisions regarding domestic or sexual violence leave this section of the esa is designed to support employees who have experienced domestic or sexual violence or whose children have experienced such violence subsection one of section 49.7 defines the terms child and weak crucial for understanding the leaves parameters subsection two entitles employees who have worked for their employer for at least 13 consecutive weeks to a leave of absence this leave can be utilized for several specific purposes such as seeking medical attention obtaining services from a victim Services organization obtaining counseling relocating seeking legal assistance and other prescribed purposes these Provisions recognize the broad spectrum of needs that may arise from such traumatic experiences subsections 3 and four of section 497 clarifies that this leave does not apply if the employee is the perpetrator of the domestic or sexual violence the law outlines the length of the leave stating that employees are entitled to up to 10 days and up to 15 weeks of leave each calendar year subsections 5 and six specify that the first 5 days of leave taken each calendar year are paid with the remainder being unpaid the law addresses the calculation of pay for these leave days providing options based on the employees regular wages or performance related wages subsections 7 and 8 stipulate that if the leave falls on a day or time when overtime or shift premiums would typically be paid the employee is only entitled to their regular rate without the premium the law states that if the leave coincides with a public holiday the employee is not entitled to premium pay for the leave subsection 9 and 10 of section 49.7 allows employers to consider any part of a day taken as leave to count as a full day's leave for the purposes of the 10-day entitlement the law requires the employee to inform their employer about taking the leave either in advance or as soon as possible after beginning it subsection 12 allows employers to consider any part of a week taken as leave to count as a full week's leave for the purposes of the 15-week entitlement subsections 13 and 14 require written notice from the employee to the employer regarding their intention to take the longer leave subsections 15 and 17 of section 49.7 permits employers to request reasonable evidence of the employees need for the leave this law mandates that employers put in place mechanisms to protect the confidentiality of Records related to the leave subsection 18 outlines the conditions under which an employer can disclose records related to the leave including employee consent necessary disclosure for performance of Duties legal requirements or other prescribed circumstances in summary section 49.7 of the esa provides critical support for employees dealing with the consequences of domestic or sexual violence acknowledging the complex and varied needs that may arise from such situations moving on to section 50 we focus on the very popular topic of sick leave this section is designed to provide employees with job protected leave in case of personal illness injury or medical emergencies subsection one of section 50 entitles employees who have been employed for at least two consecutive weeks to unpaid leave for personal illness injury or medical emergency this protection ensures that employees can address their health needs without fear of losing their job subsection two of section 50 limits the entitlement to sick leave to a total of 3 days in each calendar year this provision sets a standard minimum for sick leave while allowing employers to offer more generous leave policies subsections 3 and four detail the notification requirements for employees intending to take sick leave employees must inform their employer of their need to take leave and if the leave starts before the employee can provide notice they must inform the employer as soon as possible thereafter subsections 5 and six allows employers to count any part of a day taken as sick leave as a whole day of leave this provision aims to simplify the accounting of sick leave days this law gives employers the right to request reasonable evidence for the employes need for sick leave this could include a doctor's note or other medical documentation depending on the circumstances subsection 7 addresses situations where an employee takes a paid or unpaid leave under their Employment contract for reasons that would also qualify for sick leave under the esa in such cases the leave is deemed to have been taken under the ACT this ensures that the leave is recognized and protected under the esa even if it is also covered by the employment contract subsections 8 and N clarify that all applicable requirements and prohibitions of the esa apply to leaves taken under employment contracts as per subsection 7 and that the rules for deeming a partial day as a whole day of leave as per subsection 5 also apply in these situations overall section 50 of the esa provides a framework for sick leave ensuring that employees have necessary time off for health related issues while balancing the needs of employ employers to manage leave within their organizations moving on to section 50.01 we explore the provisions of family responsibility leave this section is crafted to give employees the right to take unpaid leave to deal with family emergencies or responsibilities subsection one of section 50.01 grants employees who have been employed for at least two consecutive weeks the right to a leave of absence without pay for two specific reasons the illness injury or medical emergency of certain family members and Urgent matters concerning these individuals subsection two limit Li mits this entitlement to 3 days per calendar year providing a balance between the need for employees to attend to family responsibilities and the operational requirements of employers subsection three defines the family members in respect of whom an employee can take this leave this includes the employees spouse parents children grandparents grandchildren siblings and any relative dependent on the employee for care or assistance subsections four and five outline the requirements for notifying the employer about taking this leave employees should inform their employer of their intention to take the leave and if the leave must begin before the employee can provide notice they must inform the employer as soon as possible after the leave begins subsection six allows employers to consider any part of a day taken as leave under this section as a whole day this simplifies the management and tracking of leave days subsection 7 permits employers to request reasonable evidence supporting the employees need for this leave this might include documentation related to the family member's medical condition or the Urgent matter requiring attention subsection 8 of section 50.01 addresses situations where an employee takes a paid or unpaid leave under their employment contract for reasons also covered under this section here the leave is considered as taken under the ACT ensuring its protection and recognition subsections 9 and 10 of section 50.01 clarify that all requirements and prohibitions of the esa apply to leaves taken under employment contracts as per subsection 8 and the rules for deeming a partial day as a whole day of leave also apply in these situations in summary section 50.01 of the esa ensures that employees in Ontario have the flexibility and protection to attend to critical family responsibilities without jeopardizing their employment moving on to section 50.0 point2 we delve into the specifics of bereavement leave under the employment standards Act of Ontario this section provides a compassionate provision for employees dealing with the death of a family member subsection 2 of section 50.0 point2 limits this entitlement to two days per calendar year recognizing the need need for time to grieve while maintaining a balance with workplace obligations subsection three expands on who qualifies as family members for this leave it includes the employees spouse parents children grandparents grandchildren siblings and any dependent relatives subsections four and five detail the notification process employees are expected to inform their employer of their intention to take bereavement leave if the leave starts before notification can be given the employee should inform the employer as soon as possible thereafter subsection 6 allows employers to count any part of a day taken as bereavement leave as a full day this simplifies leave tracking for both the employee and employer subsection 7 gives employers the right to request reasonable evidence of the employees entitlement to the leave this could include a death certificate or funeral notice depending on the situation subsection 8 addresses situations where an employee takes a leave under their Employment contract that aligns with the bereavement leave stipulated in the esa in such cases the leave is treated as if taken under this section of the act subsections 9 and 10 clarify that all the requirements and prohibitions of the esa apply to leaves taken under employment contracts as per subsection 8 also the provision of deeming any part of a day taken as a whole day of leave applies in these situations as well in essence section 50.01 of the esa provides critical support to employees in Ontario during the difficult time of bereavement ensuring they have the necessary time to grieve without the added stress of work obligations moving on to section 5 .1 we examine the provisions for emergency leave related to declared emergencies and infectious disease emergencies under Ontario's employment standards act this section addresses the complex scenarios where employees might need to take leave due to various emergency situations subsection one of 50.1 defines critical terms like Board of Health designated infectious disease and public health official setting the framework for the conditions under which the leave applies it also defines qualified Health practitioner to include Physicians and nurses or in certain cases other prescribed Health practitioners subsection 1.0.1 of section 50.1 clarifies that treatment related to a designated infectious disease includes receiving vaccines and recovery from any side effects subsection 1.1 of section 50.1 detail scenarios where employees are entitled to unpaid leave these include emergencies declared under the Emergency Management and civil protection act orders made under the health protection and promotion act care or assistance to specific individuals or other prescribed reasons additionally it covers unpaid leave related to a designated infectious disease including medical investigation supervision quarantine isolation employer Direction care or support to certain individuals and travel restrictions linked to the Infectious Disease subsection 1.2 of section 50.1 outlines circumstances for paid leave related to a designated infectious disease similar to those mentioned in subsection 1.1 subsection 1.3 limits paid leave to a total of 3 days while subsection 1 .4 reduces this entitlement if similar paid leave is available under an employment contract subsections 1.5 to 1.13 provide additional details about the administration of paid leave including calculations for wages handling of leave on public holidays or days with overtime and employee notifications subsections two and three require employees to advise their employer of their intention to take such leave and to do so as soon as possible if the leave begins before they can notify the employer subsections 4 and 4.1 allow employers to request evidence of entitlement to the leave but prohibit requiring a certificate from a qualified Health practitioner as evidence for leaves related to infectious disease emergencies subsections 5 5.1 5.2 and 5.3 detail the duration and limits of these leaves aligning them with the respective declared emergencies or infectious disease time frames subsection six addresses the continuation of leave in case of order extensions related to emergencies subsection 7 states that this section overrides the protecting Asis sustainable public sector for future Generations act subsection 8 states that an employee can take emergency leave related to declared emergencies and infectious disease emergencies for various family members these include the employees spouse their parents stepparents or foster parents as well as those of the employees spouse it also covers children stepchildren or foster children of the employee or the employees spouse and any children under their legal guardianship the scope extends to siblings including stepsiblings and to grandparents and grandchildren again including step relatives in-laws such as brothers-in-law and sisters-in-law along with step variations are included too the employee can take leave for sons-in-law and daughters-in-law uncles and aunts nephews and nieces and their spouses additionally any person who considers the employee to be like a family member subject to prescribed conditions and other individuals who are prescribed as family members for the purposes of this section are also included this comprehensive approach acknowledges diverse family structures and ensures employees have support during critical times subsection 10 covers retroactive orders related to emergencies deeming employees on leave from the retroactive start date of the order as you can see overall this comprehensive section 50.01 ensures that employees have the necessary leave entitlements during critical times such as public health emergencies or other declared emergencies balancing the need for health and safety with employment obligations moving on to section 50.1 point1 of Ontario's employment standards act which pertains to reimbursement for paid leave related to declared emergencies and infectious disease emergencies this section specifically addresses the procedures and guidelines for employers seeking reimbursement from the workplace safety and insurance board wsib for payments made to employees who have taken paid leave under subsection 1.2 of section 50.1 of the ACT employers can apply for reimbursement up to a maximum of $200 per day per employee however employers are not eligible for reimbursement for payments made under certain conditions such as if the employee is on paid leave under an employment contract for which they would also be entitled to take leave under subsection 1.2 of 50.1 or if the employee received benefits under the workplace safety and insurance act for the days of leave the process for applying for reimbursement involves submitting a completed application form an attestation a record of payment information about claims filed under the workplace safety and insurance act and any other information required by the wsib applications must be made within 120 days of the payment and there are specific deadlines for submitting applications if an employer's application does not meet these requirements or is not filed within the specified time limits the wsib will not make a determination regarding the employer's entitlement to reimbursement the wsb's decision regarding reimbursement is final with no rights for reconsideration or appeal Additionally the wsib is not required to hold a hearing when making these determinations over payments made by the wsib can be recovered and the ministry is responsible for making payments to the wsib to cover the costs of administering this section the wsib may enter into contracts for the purpose of administering this section and is required to maintain records as required by the ministry the wsib can collect and use personal information for administering this section and must not disclose collected information unless authorized or required by law it's important to note that providing false or misleading information under this section is prohibited and if the wsib suspects that an employer has provided such information they must disclose it to the director employment standards officers or other prescribed persons May investigate possible contentions of this section lastly members of the wsib including its board of directors officers and employees are immune from legal action for acts done in good faith while executing their duties under this section moving on to section 50.2 of Ontario's employment standards act which addresses reservice leave this section entitles employees who are reservists to a leave of absence without pay under certain conditions these conditions include being deployed to a Canadian Forces operation outside Canada being deployed within Canada for emergency assistance participating in Canadian Forces military skills training undergoing treatment or Rehabilitation for an illness or injury resulting from such participation or other prescribed circumstances for deployment outside Canada activities that are part of predeployment or post- deployment required by the Canadian Forces are considered part of the deployment however to be eligible for this leave an employee must have been employed by their employer for a specified period which is either prescribed or if not at least two consecutive months the length of leave a reservist can take is defined by the type of Duty or deployment and is either prescribed or as long as the conditions for leave apply employees intending to take this leave must provide their employer with notice either as prescribed or reasonable notice in cases where immediate leave is required the employee must inform the employer as soon as possible after beginning the leave employers can request evidence from employees to prove their entitlement to the leave this evidence must be either as prescribed or reasonable in the circumstances and provided within a prescribed or reasonable time employees must also provide notice when they intend to end their leave again either as prescribed or reasonable notice and this notice should be in writing the term emergency as used in this section is defined broadly to include various dangerous situations health risks or search and rescue operations the applicability of this section is subject to certain transitional rules specifically relating to when the deployment begins and when the notice for leave is given in relation to the enactment of the fairness for military families act moving on to section 51 this section outlines the rights of employees regarding benefit plans during leaves of absence ing to this section employees who take any form of leave covered by this part of the ACT have the right to continue participating in various benefit plans associated with their employment these plans include pension life insurance accidental death extended health and dental plans employees have the option to opt out of these benefits during their leave but they must inform their employer in writing if they they choose to do so furthermore employers are required to continue making their contributions to these benefit plans during the employees leave provided the employee continues to pay their share if an employee decides not to contribute to their benefit plans during leave they must notify their employer in writing however there are exceptions to these rules specifically these Provisions do not apply to employees on reservice leave under Section 50.2 unless specified otherwise in the ACT additionally despite the reservice leave exception employees rights to these benefit plans are reinstated during a period of postponement under subsection 1.1 of section 53 unless the ACT prescribes otherwise this section ensures that employees on leave can maintain their benefit plans with continued contributions from both the employee and the employer except in certain situations like reservice leave moving on to section 51.1 of Ontario's employment standards act this section deals with the interaction between an employees leave and vacation time IT addresses scenarios where an employees scheduled vacation May conflict with their period of leave the first part of this section allows employees on leave to defer their vacation until after their leave ends or to a later date if agreed upon with their employer this is important for those whose employment contracts either don't allow them to defer vacation that would be forfeited or restrict their ability to do so the provision ensures that employees don't have to lose out on vacation or vacation pay or cut short their leave entitlement because of their leave under this part of the act in cases where an employees leave overlaps with the period they are supposed to complete their vacation as specified in section 35 or sub section two of section 35.1 of the ACT they are allowed to complete the uncompleted part of their vacation immediately after the leave ends alternatively if both the employee and employer agree the vacation can be completed starting on a later date this ensures that employees do not forfeit vacation time due to their leave lastly the section offers an alternative for employees eligible to defer their vacation instead of rescheduling their vacation they may choose to receive vacation pay in ance with Section 41 of the ACT this provides flexibility for employees who might prefer to get vacation pay rather than taking the vacation at a later date overall section 51.1 of the ACT provides flexibility for employees to manage their vacation time effectively in case it conflicts with their leave periods ensuring that they can enjoy their vacation benefits without being disadvantaged by their leave moving on to section 52 this section clarifies how an employees leave affects their employment status in terms of length of employment service and seniority subsection one of section 52 establishes that the duration of an employees leave under this part of the ACT is counted towards the calculation of several key employment metrics these include the total length of the employees employment the length of their service and their seniority within the company this inclusion is crucial as it ensures that the employees time away on leave does not negatively impact these aspects of their employment relationship importantly this calculation considers the employees entire duration of employment and service regardless of whether it is active or inactive due to the leave however there is an exception to this rule as detailed failed in subsection 2 of section 52 this exception states that the period of an employees leave is not considered when determining if they have completed a probationary period under their Employment contract the probationary period is a specific time frame set out in many employment contracts during which the employer assesses the suitability of a new employee this means that time spent on leave will not count towards the completion of this assessment period in summary section 52 ensures that employees on leave can continue to accumulate length of employment service and Senior it which are important factors in their Employment contract however this does not apply to probationary periods where the time on leave is not included in the assessment time frame sections 53 and 53.1 focus on the reinstatement of employees after their leave and the application of different leaves subsection one of section 53 mandates that upon the conclusion of an employees leave the employer must reinstate the employee to their most recent position if it still exists or to a comparable position if it does not this ensures job security for employees following their leave period however there's a specific provision for employees on reservice leave under Section 50.2 ing to subsections 1.1 and 1.2 of section 53 the employer can postpone the reinstatement of an employee who has been on reservice leave this postponement can extend until a prescribed day or if no day is prescribed until the later of two weeks after the leave ends or the first pay day after the leave ends during this postponement the employee is considered to still be on leave for the purposes of sections 51.1 and 52 which relate to the management of vacation time and the accumulation of employment length and seniority subsection 2 of section 53 introduces an exception to the reinstatement rule if an employes employment ends solely for reasons unrelated to the leave then the obligation to reinstate the employee does not apply this allows for situations where a position may be eliminated or the company undergoes restructuring not related to the employees leave in terms of compensation subsection 3 of section 53 states that upon reinstatement an employee should be paid at a rate equal to either what they most recently earned or what they would have earned had they worked throughout the leave period whichever is greater this provision ensures that employees are compensated fairly upon their return to work lastly section 53.1 clarifies that every entitlement to leave under this part of the ACT is separate and additional to every other leave entitlement this means that each type of leave is distinct and employees are entitled to each applicable leave without one affecting the other for instance an employees maternity leave does not affect her right to take a different type of leave like sick leave either concurrently or consecutively this section was added to provide greater Clarity and certainty regarding the application of different leaves if you've made it to the end of this video I want to say that I am super proud of you we've gotten into some really Technical and wildly nuanced details about leaves of absence under Ontario employment law today don't forget to like subscribe and visit our website Linked In the description for more legal insights as always I'm Ryan Keeny and thanks for watching