In Ontario, if the government declares an emergency, you are generally entitled to unpaid, job-protected Declared Emergency Leave under the Employment Standards Act (ESA) if you cannot work due to quarantine, childcare closures, or specific government orders. Filing a claim with the Ministry of Labour is completely free.
Understanding Emergency Leave in Ontario
Public health crises and severe emergencies can completely upend your work life. Whether you live in Toronto, Ottawa, or Mississauga, dealing with unexpected school closures, mandatory quarantines, or provincial lockdowns is incredibly stressful. Fortunately, Ontario employment law recognizes that you should not lose your livelihood simply because a province-wide emergency forces you to stay home.
Under the Employment Standards Act (ESA), Declared Emergency Leave provides strict job-protected, unpaid time off. 📍 This means your employer cannot legally fire you, demote you, or discipline you for taking time off to handle emergency-related obligations. However, this leave is only triggered when the provincial government formally declares an emergency under the Emergency Management and Civil Protection Act, making it crucial to understand exactly when and how these rights activate.
Step-by-Step Process in Ontario
Accessing your right to emergency leave requires clear communication and an understanding of provincial guidelines. Most applicants successfully secure their job-protected leave by following these critical steps with their human resources department or local management.
Step 1: Confirming the Declared Emergency
First, you must ensure that a formal emergency has been declared by the Premier of Ontario. Declared Emergency Leave does not apply to local, municipal emergencies (like a localized flood in a single town) unless the province steps in. You can verify the status of provincial emergencies through official government portals or news outlets.
Step 2: Determining Your Eligibility
You cannot simply take this leave because you are afraid to commute. You must meet specific ESA criteria. 👨👧👧👦 Eligible reasons generally include: you are under a direct medical order to isolate, you are required to provide care to a family member (like a child whose school or daycare was ordered closed), or you are directly affected by travel restrictions.
Step 3: Notifying Your Employer
You must inform your employer that you will be taking the leave. While you should ideally provide written notice beforehand, emergencies are unpredictable. If you have to rush home to care for your child, you can give verbal notice and follow up with a formal email as soon as reasonably possible. Your employer cannot legally deny the leave if you meet the criteria.
Step 4: Providing Reasonable Evidence
Your employer has the right to ask for evidence “reasonable in the circumstances” to prove you qualify for the leave. 📝 Depending on the situation, this might be a copy of a daycare closure notice or an email from a public health official. Notably, during certain public health crises, the Ontario government explicitly bans employers from demanding a doctor’s note to avoid overwhelming hospitals.
Step 5: Returning to Work Safely
Once the emergency declaration ends, or your specific need for the leave concludes, you have the right to be reinstated. The ESA guarantees that you must be returned to the exact same position you held before the leave, or a comparable one if your original job no longer exists, with no reduction in your hourly wage or salary.
How Much Does it Cost in Ontario?
Defending your employment rights during an emergency should not bankrupt you. The provincial government provides free avenues for enforcement, though private legal counsel involves fees (in CAD):
| Ministry of Labour Claim | $0 (Free to file) |
| Employment Lawyer Consultation | $300 – $500 |
| Lawyer Fees (Wrongful Dismissal Demand Letter) | $1,000 – $2,500 |
| Civil Court Filing Fees (If litigating) | $108 – $220 |
- Lost Wages: Because Declared Emergency Leave is legally unpaid, your biggest financial cost is your lost salary. However, you may be entitled to federal Employment Insurance (EI) benefits during your time off.
- Cost Awards: If you are forced to sue an employer in court for wrongful dismissal and you win, the judge may order your employer to cover a large portion of your law firm’s legal fees.
How Long Does the Process Take?
The leave itself begins immediately upon your notification to the employer. 📅 However, if your employer illegally fires you and you file an Employment Standards claim with the Ministry of Labour, expect the investigation to take anywhere from 3 to 8 months. If you choose to hire an employment lawyer to pursue a wrongful dismissal lawsuit in civil court, the process can easily stretch from 12 to 18 months before reaching a settlement or trial.
Frequently Asked Questions (FAQ)
Do I get paid while on Declared Emergency Leave?
No, the Employment Standards Act strictly provides for unpaid leave. However, during major crises, the federal government often introduces temporary financial support programs, or you may apply for standard Employment Insurance (EI).
Can I be fired for taking this leave?
It is strictly illegal for an employer to terminate, demote, or penalize you for taking a protected leave. If they do, it is considered a reprisal under the ESA, and you can file a claim to seek lost wages and potentially reinstatement.
What if I am an independent contractor?
True independent contractors are not covered by the Employment Standards Act and therefore do not have a statutory right to this leave. However, many workers are misclassified. If you act more like an employee, you might still be protected.
Does my vacation pay continue to accrue?
During a statutory leave, your length of employment continues to accumulate for the purposes of seniority and calculating your total vacation time. However, because you are not earning wages, your actual vacation pay (typically 4% or 6% of earnings) will not increase during the unpaid period.
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