Despite these protections, many employees end up unknowingly using their vacation days for situations that are actually covered under the ESA.
However, these protections don't apply to everything. For example, in contrast to Quebec, Ontario doesn't guarantee time off for employees who are getting married, entering a civil union, or attending the wedding or civil union of a parent, child, or sibling. So, it's important to know what rights you're entitled to.
Some of these are paid by your employer, while others may be supported through Employment Insurance (EI). Either way, it's essential to provide your employer with reasonable notice before taking any ESA leave.
Importantly, employers aren't permitted to penalize, terminate, or otherwise disadvantage anyone for exercising their ESA rights.
One important thing to note is that not all jobs and industries are covered by the ESA. You can check if your job applies here.
With all of that in mind, here are some of the days off you're entitled to under law in Ontario.
Pregancy and parental leave
In Ontario, pregnant employees are entitled to up to 17 weeks of pregnancy leave, with the option to request extensions.
Employers are not required to pay wages during pregnancy leave, but the employee's job remains protected.
Pregnancy and parental leaves are separate, and birth mothers can take both. Employers cannot penalize employees for taking or planning these leaves.
All new parents, including adoptive parents, are eligible for unpaid parental leave. Birth mothers who take pregnancy leave may have up to 61 weeks, while birth mothers who do not take pregnancy leave, and all other eligible parents, are entitled to a maximum of 63 weeks.
To qualify for pregnancy leave, you must have started your job at least 13 weeks before your due date and your employer must be covered by the ESA.
Family responsibility leave
If something unexpected happens to a close family member, Ontario employees can take up to three unpaid days off each calendar year. This is known as family responsibility leave, and it's meant to give you time to deal with illness, injury, medical emergencies or urgent issues involving specific relatives.
To be eligible, you must have been employed for at least two consecutive weeks. If you only miss part of a workday, you'll still be paid for the hours you worked.
You can use this leave to care for or support a range of family members, including your spouse (married or common-law), children, parents, grandparents, siblings and even certain in-laws or dependents. It applies whether the health issue is sudden or planned, like elective surgery for an illness.
This leave can also be used for urgent matters — events that are unexpected and out of your control, such as your child's babysitter calling in sick or needing to help a distressed parent after a break-in. However, it can't be used for planned events like weddings or sports games.
Employers can't penalize you for taking this time off, but keep in mind it's unpaid — unless your employer offers paid personal days. Certain occupations may follow different rules.
Organ donor leave
Thinking about giving the ultimate gift? In Ontario, eligible employees can take up to 13 weeks off work — unpaid but job-protected — if you're donating an organ like a kidney, liver, lung, pancreas or small bowel.
If your recovery takes longer than this, your doctor can approve up to 13 extra weeks.
The leave typically starts on the day of surgery, but it can begin earlier with a medical note. Just give your employer written notice when you can, and be prepared to provide a doctor's note if asked.
Critical illness leave
If someone in your life is critically ill, you may be able to take unpaid, job-protected time off work to care for them. In Ontario, this is called critical illness leave, and it covers up to 37 weeks for a child under 18 or up to 17 weeks for an adult family member, within a 52-week period.
To qualify, you need to have worked for your employer for at least six continuous months and provide a medical note confirming the person's condition, the need for care or support, and how long it's expected to last.
The leave can be taken to care for a wide range of family members. This includes siblings, grandparents, in-laws, nieces, nephews and even someone who considers you "like family." The person doesn't need to live in Ontario, and their illness must be serious enough that their life is at risk due to a significant change in health — it doesn't apply to chronic conditions.
The medical certificate doesn't need to be submitted before you start your leave, but it must be provided eventually. If your employer asks to see it, you're required to hand it over as soon as possible.
This leave can also be used alongside federal EI caregiver benefits, but you can take the leave whether or not you apply for EI.
Jury duty
If you're summoned for jury duty, your employers are required by law to give you time off work. However, they aren't legally required to pay you for it.
Jurors aren't paid for the first 10 days of service. Starting on day 11, you'll receive $40 per day, and if the trial goes beyond 50 days (which is rare), that rate increases to $100 per day.
Long-term illness
Since June 19, 2025, Ontario workers have been permitted to take up to 27 weeks off in a 52-week period if they're seriously ill and unable to work. This new long-term illness leave is unpaid but job-protected under the ESA.
To qualify, you'll need to have worked at your job for at least 13 weeks and provide a note from a healthcare provider confirming your condition and how long you're expected to be off.
This leave is meant for serious medical conditions, not short-term sickness — and your employer must keep records of your leave for three years after it ends.
Bereavement leave
If a loved one dies, you're eligible for up to two unpaid days off each year, known as bereavement leave.
You can use this time immediately after the death or later on to attend a funeral, memorial, or deal with related tasks like settling estate matters.
The leave applies to a wide range of family members, including your spouse, parents, children, siblings, grandparents and dependents under your care.
You're eligible once you've been employed for at least two consecutive weeks. If you only take part of a day off, your employer can count it as a full day of leave — but must still pay you for the hours you worked.
Employers may ask for reasonable proof, such as an obituary or funeral program, but can't deny you the leave if you meet the criteria.
Reservist leave
If you're a member of the Canadian Forces Reserves, you may be entitled to unpaid, job-protected time off work for military duties. This includes being deployed abroad, helping with emergencies in Canada, undergoing military training, or recovering from a service-related injury or illness.
You're generally eligible after two months on the job — but if you're called to assist with a domestic emergency, you can take leave immediately, no matter how long you've worked somewhere.
Your employer may ask for reasonable proof of your service. While you won't keep benefits during your leave like with some other types of leave, your seniority and service time still count.
Once you return, you must be reinstated to your same job (or a comparable one), though employers can delay your return by up to two weeks or until the next payday.
Before taking any unpaid leave, it's a good idea to check if you're eligible for EI benefits. For full details on which leaves you may be entitled to, visit the Government of Ontario's website.
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