Sick leave and vacation are essential rights for employees, allowing them to maintain a balance between work and personal life while ensuring their physical and mental well-being.
In Ontario, the Employment Standards Act (ESA) governs these rights, establishing clear rules to protect employees while offering flexibility to employers.
This article provides an overview of the key provisions regarding sick leave and vacation in Ontario, helping you better understand your rights and obligations in the workplace.
Sick Leave in Ontario
Right to Sick Leave
Under the Employment Standards Act (ESA), employees in Ontario are entitled to a minimum of three unpaid sick days per calendar year. These days can be used for illness, injury, or personal medical emergencies.
Paid vs. Unpaid Sick Leave
The three sick days provided under the ESA are unpaid unless the employer chooses to pay them or if specified in an employment contract or collective agreement. However, some companies offer paid sick days as an additional benefit.
Job Protection
An employer cannot penalize an employee for taking sick leave under the ESA. This means the employee cannot be terminated, demoted, or face any retaliation for exercising this right.
Annual Leave (Vacation)
Right to Annual Leave
Employees in Ontario are entitled to paid vacation after 12 consecutive months of employment with the same employer. The entitlement varies based on the employee's length of service:
- Less than 5 years of service: 2 weeks of paid vacation per year. Vacation pay is equivalent to 4% of the employee's gross wages earned during the reference period.
- 5 years or more of service: 3 weeks of paid vacation per year. Vacation pay is equivalent to 6% of the employee's gross wages earned during the reference period.
Reference Period and Payment
The reference period is typically one year, starting from the employee's hire date. Vacation pay must be provided before the vacation begins unless otherwise agreed upon in writing by the employer and employee.
Choosing Vacation Dates
Employees have the right to take their vacation within the year following the reference period. However, the exact vacation dates must be approved by the employer, who can schedule them based on the company’s operational needs.
References
For more details and the latest information, consult the following resources:
- Employment Standards Act (ESA): https://www.ontario.ca/document/your-guide-employment-standards-act
- Ontario Ministry of Labour, Training, and Skills Development: https://www.ontario.ca/page/ministry-labour-training-skills-development
Conclusion
These rules are designed to ensure that employees in Ontario benefit from sick leave and vacation while providing employers with the flexibility to manage their operations. It is crucial for both employers and employees to understand these rights to maintain a harmonious and respectful workplace.
Feuille de Temps
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Feuille de Temps automatically calculates vacation, sick leave, and overtime premiums for Ontario and the rest of Canada.