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[New Statutory Minimum Rules on Disability Issues]

New Rules on Disability Issues

Ontario, British Columbia, Alberta and Saskatchewan have each allowed by statute the right to a 27 week medical absence and the right to return to work after the leave. It is important to note that this is a minimum requirement and does not alter the higher level human rights duty to accommodate.

The rules in each jurisdiction are similar.

The Ontario government has amended the Employment Standards Act to deny the employer the right to insist on a medical note from a physician to verify the request for sick leave days allowed under the ESA. These sick days allowed by the statute are unpaid. The Act allows for three days of unpaid sick leave in each calendar year, provided that the employee has had at least two consecutive weeks of employment.

These “sick” days under the ESA may be requested for personal illness, injury or medical emergency.

The employee is still required, however, to provide “evidence reasonable in the circumstances” to confirm their entitlement to the leave. The employer may request that the employee complete a written confirmation of their basis for the leave.

This will not impact the employer’s right to request medical evidence when the leave taken differs from the context above, such as a paid period of medical leave, or the employer’s right to request details of the medical issues to allow for reasonable accommodation, or where the period of unpaid leave exceeds three days per calendar year.

As of June 19, 2025, Ontario now allows eligible employees the right to unpaid long-term illness leave up to 27 weeks within a 52 week period for employees with a “serious medical condition”.

The employee requires 13 consecutive weeks of employment to be eligible. The 27 weeks need not be consecutive. Any partial week may be recorded by the employer as a full week. The employer may request a medical report for confirmation.

While the leave is unpaid, all medical and health benefits must remain in place. The time period counts to the length of service, apart from the determination of the probationary period. The employee must be reinstated upon the completion of the leave.

This obligation does not impact the need to accommodate under the Human Rights Code, which is not limited to this 27 week period.

This right to unpaid medical leave is distinct from other statutory leave entitlements as reviewed here.

🗂️ Category: Disability Issues: Common Law & Statutory

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