Ontario’s introduction of long-term illness leave (“LTI Leave”) significantly expands statutory leave entitlements. While the statutory framework appears straightforward, the real legal risk lies in how it intersects with human rights accommodation obligations.
The Statutory Framework
Effective June 19, 2025, the Employment Standards Act, 2000 (“ESA”) provides eligible employees with up to 27 weeks of unpaid, job-protected leave
When an employee asks for time off for medical reasons, employers often aren’t sure how much medical detail they’re allowed to ask for, or what their obligations are to accommodate the employee.
A recent decision from the Human Rights Tribunal of Ontario (HRTO) helps clarify this. It shows that vague medical notes aren’t enough on their own, and that employees need
Join SpringLaw’s Tiffany Thomas and Evaleen Hellinga as they discuss employee accommodations and how long an employer must accommodate an employee before considering termination.
Date: Wednesday, April 19, 2023
Time: 10:30-11:00 am EST
Register today: Click here!
When Mental Health Meets Canada’s Favourite Pastime
A human rights claim alleging discriminatory reasons for a termination is sure to get noticed this week as it intersects with Canada’s favourite pastime: hockey. A former video analyst for the Canucks, Rachel Doerrie, filed a claim alleging that she was told she wasn’t “mentally fit” for the job just days before being terminated by the organization. She is now seeking monetary compensation and asking the human rights tribunal to make orders that will address the discrimination.
Continue Reading Accommodating Mental Health in the Workplace
It has been another very busy year in the world of Employment Law with many significant changes to the workplace/workforce both legally and culturally.
Join SpringLaw’s Lisa Stam and Evaleen Hellinga for our December webinar as they walk you through a review of the year so that your business and HR team/person are well-prepared for 2023!
Date: Wednesday, December 14, 2022
Time: 10:30-11:00 am EST
Register today: Click here!
Continue Reading Free webinar: Rewind & Review – 2022 Employment Law Recap
As we start to wrap up 2022, workplace law continues to move at an unpredictable, quick and sometimes wacky pace.
Both managers and employees alike are burnt out and struggling to find their feet in the new post-pandemic norm. Employers and managers are having to adjust to a different style of management as employees are demanding new standards in the workplace. The ability to work remotely, the right to disconnect completely (hello Bill 27!) and having a clear line in the sand about what their job is (#quietquitting) are becoming the rules and not the expectations.
Continue Reading 2022 HR Law Trends
COVID-19 rules continue to change quickly. In a previous blog, we indicated that the paid Infectious Disease Emergency Leave (IDEL) would come to an end on July 31, 2022, the deemed IDEL would end on July 30, 2022, and the voluntary IDEL would continue so long as the circumstances leading to an employee’s leave continue and COVID-19 is designated as an infectious disease. Though the end date of the deemed IDEL remains the same and the voluntary IDEL continues to have no set end date, the Ontario government has once again extended the paid IDEL to March 31, 2023. Specifically, on July 21, 2022, the Ontario government filed O. Reg. 464/22: Infectious Disease Emergency Leave, which amends O. Reg. 228/20: Infectious Disease Emergency Leave, by extending Ontario’s paid IDEL days until March 31, 2023.
Continue Reading Infectious Disease Emergency Leave (IDEL): Another Update
We’ve been hearing about unlimited paid time off (PTO) for some time, but it is not yet a common trend in Canada. However, from time to time in our employment law practice, we encounter employers who offer unlimited or unstructured time off to their employees.
At first glance, unlimited PTO may sound wonderful and generous, and employers may offer it to foster a positive workplace culture and promote work-life balance. However, without addressing potential issues via contracts and policies, offering unlimited and unstructured time off could cause more headaches than benefits for both the employers and the employees.
Continue Reading Unlimited Paid Time Off Policies – Proceed with Caution!
As companies struggle to retain their talent in the midst of so many economic and health changes, many are finding new ways to attract and keep employees. A growing number of companies, for instance, are providing their employees with or extending existing pregnancy or parental leave top-up payments to assist families with caregiving responsibilities (present and/or future).
Pregnancy vs. Parental Leave Basics
First of all, it’s important to distinguish between two commonly confused leaves: pregnancy and parental leave. In Ontario, pregnancy leave is taken by the birthing parent and typically starts before the birth of the child. Parental leave, on the other hand, can be taken by either or both new parents after the birth of the child or when a child comes into the employee’s custody, care and control. Parental leave can also be used by parents who are adopting a child. The birthing parent will typically take a combination of pregnancy and parental leave. These leaves are protected leaves under the Employment Standards Act, 2000 (“ESA”). The ESA sets out the requirements for the leaves, for example, how long an employee must be employed with the employer before they can take the leave, and the employee’s entitlements both during the leave and upon return from the leave.
Continue Reading Parental Leave, EI and Top-Up Basics
The Government of Ontario has again released an update on its COVID-19 public health measures and advice. As many of our readers know, given the recent changes in the public health situation, new measures have been implemented and are in effect from January 5 until January 27, 2022. Read on to find out how these new rules, in addition to the temporary closure of schools and mandatory remote learning until January 17, 2022, will impact employers.
Continue Reading Back at Home: An Update on COVID-19 Restrictions