April 2, 2003 by Israel Foulon LLP
Question: We provide all employees with five paid sick leave days per year. Is the statutory requirement to provide up to 10 unpaid emergency leave days per year in addition to our paid sick leave program?
Answer: No. As long as the employer provides at least 10 days of unpaid emergency leave per year, the employer can choose to compensate a number of those 10 days at full, partial or no pay. But employers should make sure their internal sick day or personal days off policy includes the breadth of circumstances that justify a leave under Ontario ’s Employment Standards Act, 2000.
Many employers only permit time off for the illness of the employee. The ESA, 2000, recognizes emergency leave can be taken for the death, illness, injury, medical emergency or urgent matter involving the employee, a spouse or various extended family members as justification for a leave.
Peter Israel is the senior partner in the Toronto law firm of Israel Foulon LLP – Employment and Labour Lawyers. He can be reached at 416-640-1550 or pi@qtw38575.mywhc.ca. A version of this article originally appeared in the Carswell publication, Canadian Employment Law Today