The Act does not stipulate at what stage of the pregnancy the employee is obliged to inform the employer of her pregnant condition. The Act stipulates only that the employee must notify the employer in writing of the date on which the employee intends to commence maternity leave, and the date on which the employee intends to return to work. The Act stipulates further that the above a written notice must be given to the employer at least four weeks before the commencement of the maternity leave.
An employer is obliged to keep the employee's job open, and no employee may be dismissed on grounds of pregnancy, or for any reason in relation to pregnancy or intended pregnancy. Any arrangements between the employer and employee regarding payment of salary or benefits during maternity leave, remains a matter between employer and employee and has nothing to do with any provision of the Act. The employee must inquire at the Department of Labour regarding maternity benefits payable in terms of UIF. Family Responsibility leave. Family responsibility leave is presently an allowance of 3 days on full pay per year, and if the employee does not utilise the family responsibility leave during any 1 year, then any part of the allowance remaining at the end of the year is forfeited and is not carried over to the next year.
Family responsibility leave is available only to employees who have been in employment with the same employer for longer than 4 months, and who work more than 4 days per week for that the employer. The employer is entitled to ask for proof of the event for which the family responsibility leave is sought, such as a medical certificate or death certificate. Family responsibility leave may not be claimed for any reason other than the reasons stated above. Unpaid leave.
There is no provision in the BCEA which entitles an employee to take unpaid leave. Study Leave. Very simply, in labour legislation there is no such thing as study leave - it does not exist. Therefore, if the employee has such a requirement, he must apply for paid annual leave in accordance with the employer's annual leave policy.
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Conditions of Employment. Sick le ave entitlement The sick leave entitlement is the number of days that an employee would normally work during a six week period, in every three-year cycle, calculated from the first day of employment. Medical certificates An employee who is off sick for more than 2 consecutive days in other words, 3 days or more is required to produce a medical certificate signed by a medical practitioner or any other person who is certified to diagnose and treat patients, and who is registered with a professional council established by an Act of Parliament.
The employer, for example, still must pay Val for the half day that she worked, and has to include the hours worked to determine whether she worked overtime, or reached her daily or weekly limit on hours of work. Generally, an employee must inform the employer before starting the leave that he or she will be taking a sick leave of absence. If an employee has to begin the leave before notifying the employer, the employee must inform the employer as soon as possible after starting it.
Notice does not have to be given in writing. Oral notice is sufficient. While an employee is required to tell the employer in advance before starting a leave or, if this is not feasible, as soon as possible after starting the leave , the employee will not lose the right to take the leave if they fail to do so. What will be reasonable in the circumstances will depend on all of the facts of the situation, such as the duration of the leave, whether there is a pattern of absences, whether any evidence is available and the cost of the evidence.
Employees who take sick leave are entitled to the same rights as employees who take pregnancy or parental leave. For example, employers cannot threaten, fire or penalize in any way an employee who takes or plans on taking a sick leave. Certain professionals may not take sick leave where it would constitute an act of professional misconduct or a dereliction of professional duty e. For a list of professions to which this special rule applies, please refer to the guide to special rules and exemptions.
The Ministry of Labour advances safe, fair and harmonious workplace practices that are essential to the social and economic well-being of the people of Ontario.
Skip to main content. Sick leave. Reasons a sick leave may be taken An employee who is entitled to sick leave can take up to three unpaid days of leave each calendar year due to personal illness, injury or medical emergency. Illness, injury or medical emergency An employee can take sick leave for illnesses, injuries and medical emergencies for themselves.
Contracts that provide paid or unpaid sick leave If an employment contract, including a collective agreement, provides a greater right or benefit than the sick leave standard under the Employment Standards Act ESA , then the terms of the contract apply instead of the standard.
Example A contract only provides for one paid personal sick day per year. Interaction with other leaves Sick leave, family responsibility leave, bereavement leave, family caregiver leave, family medical leave, domestic or sexual violence leave, critical illness leave, child death leave and crime-related child disappearance leave are different types of leaves.
Length of sick leave Employees are entitled to up to three full days of job protected unpaid sick leave every calendar year, whether they are employed on a full or part-time basis.
Example: Part-day sick leave Val comes to work as usual but develops a severe migraine in the early afternoon. Oliver said that was ok with him and he took the leave without pay. The following year Oliver wants to take leave without pay for another two weeks. Michael decides to ask him if he wants his anniversary date for annual holidays to stay the same this time. Oliver is grateful for this and agrees.
Oliver and Michael record their agreement in writing so that there are no misunderstandings. If a public holiday falls during a period when an employee is taking a period of leave without pay, they may not receive any payment for the public holiday.
However in some situations the employee may be entitled to paid public holidays or bereavement leave during a period of leave without pay so the principles of working out whether the day is an otherwise working day for the employee should always be followed. Leave without pay An employee can take leave without pay if their employer agrees. Taking more than one week of leave without pay If an employee takes a continuous period of leave without pay for more than one week not including unpaid sick or unpaid bereavement leave : their anniversary date for entitlement to annual holidays moves out by the amount of unpaid leave taken not including the first week.
If they agree to this, the employer must also reduce the divisor for calculating average weekly earnings for annual holidays by the number of weeks or part weeks greater than one week that the employee was on leave without pay. Scenario Oliver started working for Michael on 1 February.