Crime-related disappearance

An employee who has been employed for at least 6 consecutive months is entitled to a leave of absence without pay of up to 104 weeks if a child of the employee disappears and it is probable, considering the circumstances, that it was a result of a crime

• an employee is not entitled to a leave of absence under this section if the employee is charged with the crime or it is probable considering the circumstances, that the child was a party to the crime

• if the circumstances deem it not probable that the child disappeared as a result of a crime, then the employees leave ends the day it no longer seems probable

• if the child is found within the 104-week period that the leave takes place:

  • if the child is found alive, the employee is entitled to 14 days left

  • if the child is found dead, then the employee is eligible for a child death section

• only available in a single period

• an employee may take a leave under this section during 105 week period that begins in the week the child disappears

• the total amount of leave that may be taken by one or more employees in respect of a disappearance, or disappearances that are the result of the same event, is 104 weeks

• an employee who wishes to take a leave shall advise the employer in writing and shall provide the employer with a written plan that indicates the weeks in which the employee will take the leave

  • if the employee must begin a leave before notifying the employer, they must provide the employer written notice with the period as soon as possible

• If there is a change in the employee plan, they must receive written permission from the employer or the employee provides the employer 4 weeks’ notice

An employer may require an employee who takes a leave under this section to provide evidence reasonable in the circumstances of the employee’s entitlement to the leave

Child death Leave

An employee who has been employed by an employer for at least 6 months is entitled to a leave of absence without pay for up to 104 weeks if a child of the employee dies

• the total amount of leave that may be taken by one or more employees in respect of a death or deaths that are a result of the same event is 104 weeks

• an employee may only take this leave during the 105 weeks period that begins in the week that a child dies

• an employee is not entitled to a leave of absence if the employee is charged with a crime in relation to the death of the child or if probable, that the child was a party to a crime in relation to their death

• an employee must advise their employer in writing their plan to take the leave and the plan for the indicated weeks of the leave

• any changes to the plan by the employee if the change adheres to the requirements and there is written permission by the employer or the employer is given 4 weeks’ notice

• an employer may require an employee who takes leave to provide evidence reasonable in the circumstances of the employee’s entitlement to leave

• an employee may only take leave in a single period

Ont ESA Pt. XIV 49.6, 49.5