9 reasons you can legally take time off work in Ontario without using vacation days
As we kick off 2026, it's the perfect time to refresh your understanding of Ontario employment standards and what you're actually entitled to when it comes to taking time off work.
While many people use up their vacation days on things like personal appointments, family emergencies or even job interviews, you might not realize Ontario law might already have you covered — no vacation days needed.
Ontario's Employment Standards Act (ESA) outlines a bunch of job-protected leaves of absence that workers across the province can take, often unpaid but sometimes with pay from your employer or financial support through Employment Insurance (EI).
And thanks to some new legislation that kicked off last year, there are even more reasons you can step away from work legally in 2026, including job seeking leave for laid-off workers and long-term illness leave for serious health issues.
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No matter your reason for taking time off, employers legally can't punish you for taking one of these approved leaves. When your leave ends, your employer is required to reinstate you to the same position you had before, or a comparable one with the same pay and benefits. They can't demote you, cut your wages or stick you in a lesser role just because you took time off under the law.
Some leaves only kick in after a certain amount of time on the job, and many require some kind of written notice or documentation. But if you qualify, your boss can't say no.
So whether you're navigating a health crisis, growing your family or just need time to vote in an election, here's a handy breakdown of all the ways you can legally take time off work in Ontario without using your vacation.
If you get sick
Being sick isn't fun — but using your vacation days to recover is even worse. Thankfully, Ontario laws give you a few ways to legally take time off work when you're dealing with health issues.
Under the Employment Standards Act (ESA), you're entitled to sick leave if you've been with your employer for at least two consecutive weeks. This gives you up to three unpaid days per calendar year to deal with a personal illness, injury or medical emergency. It's job-protected, and while your boss is allowed to ask for "reasonable" proof, they can't require a doctor's note specifically.
If you're dealing with something more serious, you might qualify for long-term illness leave, a newer option that came into effect on June 19, 2025. According to the ESA, if you've been employed for at least 13 weeks and have a serious medical condition that keeps you from doing your job, you can take up to 27 weeks of unpaid leave within a 52-week period. You'll need a note from a qualified health practitioner stating how long you're expected to be off work, but this leave gives you time to actually recover — not just power through.
Both leaves are unpaid, but you may be eligible for Employment Insurance (EI) sickness benefits through the federal government if your condition meets their criteria. Either way, your employer can't fire or penalize you for taking this kind of time off, as long as you meet the requirements.
If you're welcoming a child
Whether you're giving birth, adopting, or growing your family through a surrogate, Ontario law gives you the right to take job-protected time off work.
If you're pregnant, you're entitled to up to 17 weeks of unpaid pregnancy leave. According to the ESA, this leave can start as early as 17 weeks before your due date. You just need to have been working at your job for at least 13 weeks before you're due.
Parental leave is a separate entitlement. New parents — including adoptive parents — can take up to 63 weeks of unpaid parental leave. If you also took pregnancy leave, you're eligible for 61 weeks instead. You have to start parental leave within 78 weeks of the child being born or placed in your care.
Coming soon is a new type of leave called placement of a child leave, designed specifically for situations where a child is placed with you for adoption or through surrogacy. It allows for up to 16 weeks of unpaid time off, and the ESA says you'll need to give your employer two weeks' written notice before starting it. This one isn't in effect just yet, but part of a round of legislation that was passed back in December 2024.
Your employer isn't required to pay you for any of these types of leave, but you might qualify for EI maternity or parental benefits. The law simply protects your job while you're away — your employer has to take you back when your leave ends.
If a family member is sick
When someone close to you is dealing with a health crisis, Ontario law gives you a few ways to step in and support them without risking your job.
Family responsibility leave lets you take up to three unpaid days per year to care for a sick or injured relative or handle an urgent matter involving them — for example, your child is sick and you need to stay home with them for the day. You don't need a doctor's note, and it kicks in after just two weeks on the job and covers a wide range of family members, including your spouse, kids, parents, siblings and more.
If the medical condition is more serious, there are longer-term options. Family caregiver leave allows you to take up to eight unpaid weeks per year per family member if a qualified health practitioner confirms the person has a serious medical condition and you're helping take care of them. The illness doesn't need to be life-threatening, and you can use this for chronic or episodic conditions too.
Then there's family medical leave, which gives you up to 28 unpaid weeks to care for someone with a serious condition and a significant risk of death within 26 weeks. A doctor or nurse has to provide a certificate, and the person can be a wide range of family members — including people who simply consider you "like family."
Finally, critical illness leave lets you take time off to care for a seriously ill child or adult. You can take up to 37 weeks for a child or 17 weeks for an adult, as long as you've been working for your employer for at least six months and a medical professional provides documentation.
All of these leaves are unpaid, but you may be able to apply for EI caregiver benefits. The important part? Your job is protected while you're away.
If you've lost a loved one
Grieving a death is hard enough — the last thing you should have to worry about is using up your vacation days or losing your job. Ontario law gives you several ways to take time off work after a loss, depending on your situation.
The most common option is bereavement leave. If you've been at your job for at least two weeks, you're entitled to up to two unpaid days off per year when certain close family members die. That includes your spouse, parent, child, grandparent, sibling or anyone who depends on you for care.
Child death leave allows up to 104 weeks of unpaid leave if your child dies, as long as you've been employed for at least six months. According to Ontario law, this applies to children under 18 and includes biological, step, foster or legally guarded children.
If your child disappears and it's believed to be crime-related, crime-related child disappearance leave also gives you up to 104 weeks off work. This leave ends earlier if the child is found, or if it's no longer believed that a crime was involved. Again, this applies after six months of employment.
These types of leave don't come with pay, but you may be eligible for other financial supports depending on the situation. Employers may also ask for proof like an obituary or police report, but they can't deny the leave if you meet the requirements.
No matter the type of leave, the law ensures your job is protected while you take the time you need.
If you're experiencing an emergency
Sometimes life throws you into a situation where you just can't go to work — and the good news is, Ontario law has your back in certain emergencies.
If you or your child are facing domestic or sexual violence, you're entitled to domestic or sexual violence leave. This includes up to 10 days and 15 weeks off per year, with the first five days being paid if you've been with your employer for at least 13 weeks. You can use this time to get medical help, find a safe place, get counselling or take legal action. Employers may ask for proof, but they also have to keep your information confidential.
You're also covered if there's a large-scale emergency, like a natural disaster or a health crisis. Declared emergency leave kicks in if an emergency is officially declared under Ontario's Emergency Management and Civil Protection Act and you're unable to work because of it — for example, if you're following a government order, caring for someone affected or stranded due to travel restrictions.
There's also a related provision for infectious disease emergencies (think COVID-19). If you're sick, isolating, caring for someone who's affected or can't safely travel back to Ontario, you may qualify for this type of leave. Employers can't ask for a doctor's note, but they can ask for other reasonable proof.
Both types of emergency leave are job-protected. Some situations may also qualify for paid leave, depending on the specifics and whether federal programs are active at the time.
If you donate an organ
Giving the gift of life is a big deal — and in Ontario, it's also a legally protected reason to take time off work.
If you're donating an organ like a kidney, liver or part of your lung, you're entitled to organ donor leave under Ontario's Employment Standards Act. This gives you up to 13 weeks of unpaid, job-protected time off to recover from the surgery. If your recovery takes longer, a doctor can approve extensions — for up to another 13 weeks — making the maximum possible leave 26 weeks.
You need to have worked for your employer for at least 13 weeks before your leave starts, and your employer can ask for a medical certificate confirming the donation and the recovery period. The leave usually begins on the day of the surgery, but it can start earlier if a doctor says it's medically necessary.
While this leave is unpaid, you may be eligible for federal EI sickness benefits to help cover your time off.
If you're called to duty
Some responsibilities are bigger than your day job — and Ontario law makes space for that, whether you're serving your country or your community.
If you're a reservist with the Canadian Forces, you're entitled to unpaid, job-protected reservist leave for a range of military duties under the ESA. That includes being deployed abroad, helping out during emergencies in Canada, taking part in military skills training or recovering from a service-related illness or injury. You just need to have worked at your job for at least two consecutive months before the leave starts.
You'll need to give written notice and may be asked to provide reasonable proof, like a letter confirming your service. While you're away, your seniority and service time continue to count, but benefits like health or dental coverage may be paused unless your employer offers otherwise. When you're ready to return, your employer must reinstate you to your same job or a comparable one — although they can delay your return by up to two weeks or until the next scheduled payday.
If you're summoned for jury duty, you're also protected. According to Ontario's Juries Act, employers must give you a leave of absence for as long as needed and must reinstate you to your job — or a comparable one — when you're done. They can't dock your pay, fire you or punish you in any way for serving as a juror, and if they do, they could face fines of up to $10,000 or even jail time.
Neither of these leaves are paid by your employer, but they're legally protected — and chances are, you'll still be getting paid by someone else. As of October 1, 2025, jurors in Ontario now receive a flat rate of $120 per day starting from Day 1 of a trial. If you're on reservist duty, you'll typically be paid by the Canadian Armed Forces for the time you're serving.
If you've received termination notice
If you've been laid off or fired with advance notice, you don't have to spend that time sitting at your desk — Ontario law says you can use part of it to job hunt.
As of November 27, 2025, Ontario employees who are given written notice of termination are entitled to job seeking leave. Under the ESA, you're allowed to take up to three unpaid days off during the notice period to look for a new job, attend interviews or do training that could help you land your next position.
You'll need to give your employer at least three days' notice before taking the leave if possible, and they may ask for proof that it's being used appropriately — like an interview confirmation or course registration. This leave is job-protected, meaning your employer can't end your notice period early or force you to use your vacation days.
If you need to vote
On a provincial or federal election or by-election day, there are certain rules your employer must follow to ensure you have enough time off to go vote.
Under both Ontario's Election Act and the Canada Elections Act, you're entitled to three consecutive hours off work to vote in a provincial election. If your regular schedule doesn't already allow for that while polls are open, your employer has to give you extra time — and they can't dock your pay or penalize you for it. The time off must be granted at a time that works best for your employer, so you can't just disappear mid-shift without saying anything.
This rule only applies if you're eligible to vote and your work schedule doesn't give you a full three-hour window to do so while polls are open. If, for example, polls are open until 9 p.m. and you finish work at 6 p.m., you're already covered — but if your shift ends at 8 p.m., your employer would have to let you leave by 6 (or another acceptable time) so you can get your full three hours.
And if you're actually working the election as a poll official or returning officer, you're entitled to take unpaid leave to do so, as long as you give your employer at least seven days' notice. They can't fire you or penalize you for stepping up to help with the vote, and the time off can't be counted against your vacation.
So before using up those precious vacation days, it's worth checking if the situation is already covered under Ontario's employment laws. From health issues to emergencies and even job interviews, there are more protected leaves than most people realize.
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