Requesting extended leave from your employer
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Jessica Johnson
Contents
You’re not quite feeling your best self, something unexpected came up, or you’re about to experience a major life change. You take a deep breath, and it’s clear as day: you need to take some time off work.
Why you might need to take a step back from work
Maybe you’re welcoming a new child. Or, you’re mourning the loss of a loved one. Or perhaps you suddenly require an intensive medical procedure.
In Ontario, employees are entitled to protected, unpaid leaves of absence for reasons outlined under the Employment Standards Act, 2000 (ESA). But government websites can be confusing, and navigating the conversation with your employer shouldn’t add to what already may be an overwhelming situation.
Here at Humi, we’re always looking to help, so we’ve broken it down for you. Read on to learn how to cover your bases when asking your employer for an extended leave of absence.
Know your reason
To qualify for a job-protected leave of absence, you must have a valid reason prescribed by the ESA. Please refer to the chart below for examples.
It’s important to note that psychological reasons, such as stress or depression, can be considered a sickness, meaning employees are entitled to the three-day sickness leave under the ESA. For any other types of leave, like study or travel, you don’t need a reason. Keep in mind that your job isn’t protected and your employer can refuse your request.
Give as much notice as possible
Every leave type is different, and while some are sudden and unexpected, others such as parental leave do require you to give advance notice. Most leave types don’t even require you to provide a return to work date! It can get hard to keep track of it all so we’ve put together a chart to help you keep tabs on the different leave types, their lengths, and notice requirements.
| Leave type | Maximum length per year (ESA) | Minimum notice requirements | Can employers ask for evidence? |
|---|---|---|---|
| Pregnancy Leave | 17 weeks | Two weeks’ written notice | Yes |
| Parental Leave | 61-63 weeks | Two weeks’ written notice | No |
| Sick Leave | Three days | Oral or written notice; no timeframes | Yes |
| Family Response Leave | Three days | Oral or written notice; no timeframes | Yes |
| Family Caregiver Leave | Eight weeks | Written notice, no timeframes | Yes |
| Infectious Disease Emergency Leave | No limit (but government can revoke it) | Oral or written notice; no timeframes | Yes |
| Family Medical Leave | 28 weeks | Written notice, no timeframes | Yes |
| Critical Illness Leave | 17-37 weeks | Written notice, no timeframes; employee must provide timeline for return | Yes |
| Child Death Leave | 104 weeks | Written notice, no timeframes; employee must provide timeline for return | Yes |
| Crime-Related Child Disappearance Leave | 2 weeks (no death)/104 weeks (death) | Written notice, no timeframes; employee must provide timeline for return | Yes |
| Organ-Donor Leave | 13 weeks, and then another 13 week extension | Two weeks’ written notice | Yes |
| Reservist Leave | Unlimited | Four weeks’ written notice | Yes |
Outline your request in writing
There is no set form that needs to be filled out for an employee to request a leave. However, you must provide your employer with notice in writing within the timeframes outlined above. A simple email (see example below) will suffice:
Dear Mrs. Duffy,
Please be advised that I will be taking parental leave in two weeks for 61 weeks starting on September 20, 2021.
Thank you,
Gurkirat Singh
Provide evidence when necessary
In most cases, employers can (and will) ask for evidence.
Your HR department will be clear with what they need from you, but the chart above outlines when evidence should be provided. For example, for maternity leave, the employee must submit a medical certificate that shows their due date, if asked to do so by the employer.
Familiarize yourself with your company’s policy
Before submitting your request, be sure to familiarize yourself with your company’s policy – that way you have an idea of what your next move should be if your request is turned down.
It’s also possible that your employer has enhanced their time off policy since the start of the COVID-19 pandemic. At Employment Hero, we’ve added paid programs and time off including our gradual return to work program, parental leave, professional development leave, and misscarriage leave. We also encourage our employees to take their paid time off.
Know your rights
It can be tough navigating certain types of leaves, especially with the fear that it could put your job in jeopardy. That’s why it’s important to know your rights as outlined by the ESA. Remember, time-off is a right, not a reward.
We hope this guide helps to relieve feelings of anxiety when navigating your own leave of absence. Prioritize you and your well-being, always. Take care.
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