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Category Archives: Leaves of Absence

The Latest Chapter in Employment Law: Bill 26 Proposes Statutorily-protected Domestic and Sexual Violence Leave

The Ontario provincial government continues its recognition of the impact of domestic violence on the workplace with Bill 26, which proposes amendments to the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA). Previous developments Bill 168, which came into force on June 15, 2010 as an amendment to the OHSA, established a requirement that employers […]

Managing Attendance & Absenteeism: Hangout with Rudner MacDonald

Stuart takes questions on managing attendance and absenteeism in the workplace. Most employers want to flexible, but it can be hard to run a business when you don’t know who will show up for work. Do you have to give employees paid sick days? Can you require doctor’s notes? This and more, in this session. Click to share on Twitter […]

Jury Duty and Bereavement Leave: What are Your Rights?

Employment law is filled with myths and misconceptions. Previously, I have written about the myth that employees are entitled to one month of severance per year of service (not true), as well as misconceptions relating to overtime, holidays, vacation, and other issues. With respect to leaves of absence, my recent Canadian HR Law post pinpoints two areas of confusion that […]

Requiring Medical Evidence of Ability to Return to Work

My latest Canadian HR Law blog post discusses the issue of requiring medical evidence from employees on medical leave prior to their return – a topic that has more layers to it than meets the eye. The Duty to Accommodate Disability   In recent years, much has been written about the duty of an employer to accommodate disability, which can often […]

Frustration of Contract

In my latest First Reference Talks blog post, I discuss a topic that continues to “frustrate” employers as we enter the new year: frustration of contract. Unfortunately, many employers confuse their own frustration with absent employees with frustration at law. Frustrating Myths To add to the confusion, there are many myths regarding how long an employer has to wait before […]

Dismissal and disability leave

As I discuss in my latest First Reference Talks blog post, sometimes, individuals will be dismissed from their jobs at a time when they are on disability leave. Contrary to what some may believe, there is nothing wrong with this, as long as the decision to dismiss is entirely unrelated to the employee’s disability. For example, if an organization decides to […]

Lots of confusion over paid time off

In my latest Canadian HR Law blog post, I addressed the widespread confusion, on the part of employees and employers, regarding paid time off for matters such as sickness or bereavement. In many cases, employees do not have any such entitlement, though they often assume that they do. Conversely, some employers fail to recognize the legal entitlements their employees do have, and […]

New Leaves of Absence in Ontario!

Employment Standards legislation is always evolving to address real or perceived needs. Employees should ensure that they understand their rights, and employers should keep up to date to avoid unknowingly breaching their statutory duties. In my latest Canadian HR Law blog post, I discussed the fact the very soon, three new types of leave of absence will exist in Ontario. […]