In Ontario, employees serving in the Canadian Armed Forces Reserves have the right to take unpaid, job-protected “Reservist Leave” for deployments, domestic emergencies, and mandatory military training. Your employer cannot legally fire or demote you for fulfilling your military duties.
Understanding Reservist Leave in Ontario
Serving in the Canadian Armed Forces Reserves requires immense dedication. Reservists living in Ontario-whether working in downtown Toronto or rural communities near military bases like CFB Borden-frequently face a balancing act between their civilian careers and military obligations. Recognizing this sacrifice, the Ontario Employment Standards Act (ESA) grants strong job-protection rights specifically designed for military reservists.
Reservist Leave ensures that when your country calls, your civilian job waits for you. This protection covers a wide range of duties, from international deployments and domestic search-and-rescue operations to mandatory annual training exercises. While civilian employers are not required to pay you during your military absence, they are legally barred from using your service as an excuse to terminate your employment or stall your career progression. If an employer is refusing to accommodate your military service, exploring our directory to find a skilled employment lawyer can help you defend your rights.
Step-by-Step Guide to Taking Reservist Leave
Failing to follow the proper legal procedures can jeopardize your job protection. Whether you are deploying overseas for six months or taking two weeks for basic training, you must communicate with your civilian employer properly. Here is the process mandated by the ESA.
Step 1: Verify Your Employment Threshold
To be legally entitled to Reservist Leave, you must have worked for your current civilian employer for at least 3 consecutive months. 📅 Keep in mind that this rule applies to full-time, part-time, and temporary employees. If you are called up for an emergency (like domestic flood relief), the 3-month rule is often waived, but it is standard for regular deployments and training.
Step 2: Provide Advance Written Notice
You must inform your employer in writing that you will be taking Reservist Leave. The law requires you to give “reasonable” written notice. If you know you are deploying in a month, tell your employer immediately. If you are mobilized for an emergency with only a few days’ notice, provide the written notification as soon as you possibly can. The notice should include the expected start and end dates of your absence.
Step 3: Provide Military Evidence to Your Employer
Your employer is legally allowed to ask for proof that you are entitled to this leave. If requested, you must provide a letter or document from your commanding officer stating that you are required for military service, deployment, or training. It is best practice to secure this document from your unit orderly room well before you leave.
Step 4: Reinstatement and Returning to Work
When your military service concludes, you must be seamlessly transitioned back to your civilian role. The ESA dictates that your employer must reinstate you to the exact position you held before the leave, or to a comparable position if your old job no longer exists. If your return date changes while you are deployed, you must provide your employer with written notice of the new date.
How Much Does It Cost? (Wages & Legal Fees)
Understanding the financial reality of taking Reservist Leave is critical for planning your transition in 2026:
- Civilian Wages: Reservist Leave is strictly unpaid by your civilian employer. During your leave, your income will come entirely from the Department of National Defence (DND).
- Benefits Continuation: Unlike some other ESA leaves, employers are not legally required to continue paying into your health or dental benefit plans while you are on Reservist Leave, though you can choose to cover the premiums yourself.
- Wrongful Dismissal Claims: If your employer fires you for going on training, an employment lawyer will often represent you on a contingency basis, ensuring you pay no upfront legal fees to sue for your lost wages and severance.
How Long Does the Process Take?
The length of Reservist Leave directly matches the time required for your military duty. ⌛ There is no maximum cap under the ESA. If your deployment lasts 9 months, your leave lasts 9 months. If you require time for physical or mental treatment related to an injury sustained during deployment, your job-protected leave extends to cover the duration of that necessary medical treatment.
Reservist Leave Notice Requirements
| Type of Military Service | When to Provide Written Notice | Job Protection Status |
|---|---|---|
| International Deployment | As far in advance as is reasonable. | Fully protected. |
| Mandatory Military Training | As far in advance as is reasonable. | Fully protected. |
| Domestic Emergency (e.g., floods) | As soon as reasonably possible. | Fully protected. |
| Post-Deployment Medical Treatment | As soon as reasonably possible. | Fully protected for the duration of treatment. |
Frequently Asked Questions (FAQ)
Can an employer refuse to hire me because I am a Reservist?
No. Refusing to hire a candidate purely because they might need time off for military service is highly unethical and may breach broader human rights or employment laws regarding discrimination.
Do I lose my civilian seniority while deployed?
No. Under the ESA, your period of leave is included when calculating your overall length of employment and seniority. You do not lose your place in line for promotions based on tenure.
What if my employer eliminates my department while I am overseas?
If the company undergoes legitimate, business-wide restructuring and your position is eliminated, they must reinstate you into a comparable position. If no such position exists, they must provide you with full severance pay.
Is weekend military training covered by Reservist Leave?
Yes. If your military training falls on days you are normally scheduled to work your civilian job, Reservist Leave applies and the employer must give you the unpaid time off.
Can I be fired if I choose to extend my deployment?
If the military requires you to extend your deployment, you are protected. You simply need to provide your civilian employer with updated written notice of your new return date as soon as possible.
Leave a Reply