Your Rights
When do you qualify for an emergency leave?Stuff happens. Children get sick. Babysitters don't show up. Elderly parents require emergency medical care. Alan Shanoff |
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There's a death in the family. You have to meet the school psychologist to discuss your child's learning disability. The list is almost endless.
Generous employer
What do you do? If you are fortunate enough to have a generous employer or a well-negotiated collective bargaining agreement you might be able to call in and get the day off, or several days off with pay. Many don't have that luxury and are faced with the prospect of lying and calling in sick or hoping their boss is understanding. If you get caught lying you could place your job in jeopardy.
Fortunately for many employees in Ontario, there is another option: the personal emergency leave.
It is a statutory leave program permitted by the Employment Standards Act that allows employees to take up to 10 days of unpaid emergency leave per calendar year. The emergency must relate to an immediate family member or a dependent relative. Employees can even use these leave days to cover off their own sick days if their jobs don't provide sick day or disability coverage.
Unfortunately, this program only applies to Ontario-regulated companies that employ 50 people or more. If you are employed by a federally regulated business (like a bank or cable company), you aren't eligible (although you are eligible for three days of bereavement leave for immediate family members). Also, teachers and many professionals don't qualify.
You can check with the Employments Standards Office (1-800-531-5551) to see if you qualify.
You are required to advise your employer of your intent to take an emergency leave before you start the leave. However, if that isn't feasible, you must advise your employer as soon as possible after you start the leave.
10 days
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Also, even if you take part of one day it can count as a full day.
You are entitled to up to 10 days each calendar year even if you start work part way through the year. You cannot accrue these days for a subsequent year if you don't use up the 10 days in any one year.
While you are on an emergency leave your employment is protected, your benefits continue and you continue to accrue time for all purposes other than for calculation of the time needed to complete a probationary period.
Your employer may ask for evidence to verify that you are entitled to an emergency leave. This may include a doctor's note. If you cannot provide the evidence you may be disciplined or even lose your job, so don't abuse this right. It's for illnesses and other emergencies, although elective medically necessary surgery is also eligible. Don't even think about calling for an emergency leave because your best friend is in town and you want to show her around.
Additional time
If your employment contract, benefits or collective agreement provide a greater benefit than the statutory emergency leave days you must use the days allowed in your employment contract, benefits or collective agreement. However, if your employment contract, benefits or collective agreement provides for a lesser benefit you can also use the statutory emergency leave days. This can get complex, so please get advice if you plan on using the statutory emergency leave in addition to any other permitted leave.
This leave entitlement isn't perfect. Many Ontario employees are covered but many aren't, depending on the size of the employer and whether they are provincially or federally regulated. Not every province allows for emergency leaves. I'm always puzzled by the complexity of what should be simple universal laws to protect employees.
Alan Shanoff was counsel to Sun Media for 16 years and is currently a freelance writer and teaches media law.
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