In Ontario, survivors of domestic or sexual violence are legally entitled to up to 10 individual days and up to 15 weeks of job-protected leave. Crucially, under the Employment Standards Act, the first 5 days taken in any calendar year must be fully paid by the employer.
Escaping abuse or navigating the aftermath of sexual violence is one of the most traumatic experiences a person can face. For employees across Ontario-from Windsor to Sudbury to Toronto-worrying about losing a job should never be a barrier to seeking safety. To protect survivors, the Ontario government mandates specific employment protections known as Domestic or Sexual Violence Leave.
This unique provision of the Employment Standards Act (ESA) is one of the very few statutory leaves in the province that guarantees paid time off. 🚨 The leave is designed to give victims, or parents of victims, the time they need to seek medical attention, relocate to a safe shelter, or attend legal proceedings without suffering financial ruin. Employers must handle these requests with strict confidentiality. If your employer refuses to pay you or threatens your job, connecting with an employment lawyer or a legal clinic is vital.
Step-by-Step Guide to Taking Violence Leave in Ontario
Using this leave requires understanding the rules surrounding your tenure and your right to privacy. Here is the legal process for taking time off to secure your safety.
Step 1: Confirm Your Eligibility (The 13-Week Rule)
Unlike standard sick leave, you must be employed for at least 13 consecutive weeks with your current employer to qualify for Domestic or Sexual Violence Leave. The leave applies if you or your child (under 18) experiences domestic or sexual violence, or the threat of such violence. However, you cannot take the leave if you are the one who committed the violence.
Step 2: Understand the Allowed Reasons for Absence
You cannot use this leave simply as general vacation time. The ESA specifies that the time off must be used for specific recovery purposes. 📝 These include seeking medical attention for physical or psychological injuries, obtaining services from a victim relief organisation, attending psychological counselling, relocating temporarily or permanently, or meeting with police and lawyers.
Step 3: Notify Your Employer
You must inform your employer that you are taking the leave. If the situation is an emergency and you must flee your home immediately, you can notify your boss after the leave has already begun. You only need to provide notice that you are taking an “ESA statutory leave.” You do not need to share the graphic or intimate details of your trauma with your HR department.
Step 4: Provide Evidence (If Requested)
An employer has the legal right to ask for evidence “reasonable in the circumstances.” 📁 This does not mean they get to interrogate you. Reasonable evidence can be a brief note from a doctor, a social worker, a shelter intake worker, or a police report. The employer is legally obligated to keep this information strictly confidential and cannot share it with your coworkers.
| Leave Structure | Paid or Unpaid? | How it Can Be Taken |
|---|---|---|
| First 5 Days | Paid (Regular Wages) | Single days or part-days. |
| Next 5 Days | Unpaid | Single days or part-days. |
| Additional 15 Weeks | Unpaid | Must be taken in full-week blocks. |
How Much Does it Cost to Enforce Your Rights?
Seeking help should not bankrupt you. The mechanisms to protect your job are free. 💵
- Ministry of Labour Complaints: If your employer refuses to pay you for the first 5 days, filing a wage theft claim with the province is completely free.
- Legal Representation: If your abuser works at the same company, or if you are wrongfully dismissed, you may need an employment lawyer. While they charge $250 to $600 CAD per hour, many offer contingency agreements or sliding scales for domestic violence survivors.
- Support Clinics: Various Legal Clinics in Ontario offer free advice and support for victims of domestic violence navigating employment issues.
How Long Does the Process Take?
The entitlement to this leave resets every single calendar year (January 1st). If you take a partial day to meet with a lawyer, the ESA considers it as using one full day of your 10-day allotment. If you take the 15-week block, you can break it up (e.g., 5 weeks in March to move, and 10 weeks in September for a trial), but it must be taken in full-week increments.
Frequently Asked Questions (FAQ)
How is the pay calculated for the 5 paid days?
You must be paid the wages you would have earned that day had you worked. If you earn a fixed hourly rate, you are paid for your scheduled shift. If you earn commissions or piece-work, it is calculated based on your average hourly rate over the past pay periods.
Do I have to use the 10 days before the 15 weeks?
No. You can take the leave in whatever order makes sense for your crisis. You might take two single days for court appearances, then a 4-week block to relocate, and save the remaining days for later in the year.
What if my abuser works at the same company?
Under the Occupational Health and Safety Act (OHSA), your employer has a strict legal duty to protect workers from domestic violence in the workplace. If you inform them that your abuser is a coworker and poses a threat, the employer must take immediate action, which may include suspending or relocating the abuser.
Can I be fired for taking too much time off?
No. Firing or penalising you for utilising your legally permitted Domestic or Sexual Violence Leave is an illegal reprisal. The Ministry of Labour can force the employer to reinstate you and pay damages for the emotional distress caused by the wrongful dismissal.
Leave a Reply