Introduction
Recent legislative changes across Canada have expanded, or are proposing to expand, the scope of unpaid, job-protected statutory leaves for employees facing serious or long-term illness or injury.
British Columbia is the latest province to introduce such legislation.
This article provides an update on the eligibility criteria, entitlements, and current status of these leaves in Ontario and other Canadian jurisdictions.
Ontario
As discussed in our earlier article here, Bill 229, the Working for Workers Six Act, 2024, received Royal Assent on December 19, 2024.
Among other things, Bill 229 introduced a new unpaid, job-protected sick leave under the Employment Standards Act, 2000 (ESA) for employees unable to work due to a “serious medical condition.” This came into effect on June 19, 2025.
Under the new framework, employees who have been employed for at least 13 weeks and who are unable to work due to a serious medical condition are entitled to up to 27 weeks of unpaid leave within a 52-week period.
The leave may be taken nonconsecutively; however, any part of a week taken as leave counts as a full week.
The serious medical condition, as well as the period during which the employee will not be performing their duties, must be confirmed by a certificate from a physician, registered nurse, or psychologist.
If the employee continues to have a serious medical condition after the 52-week period, they are entitled to take another 27-week leave.
For more information, please see the Province’s Guidelines for the new leave here.
Across Canada
The following table summarizes the current, pending, and proposed statutory leave entitlements and eligibility requirements for serious or long-term illness or injury across Canada.
| Jurisdiction | Entitlement | Eligibility | Status |
| Alberta | 16 weeks per calendar year | After 90 days | In force |
| British Columbia | Proposed amendment: 27 weeks in a 52-week period | Not stipulated | Proposed legislation introduced for First Reading on October 20, 2025 |
| Manitoba | 27 weeks in a 52-week period | After 90 days | In force |
| New Brunswick | n/a | n/a | n/a |
| Newfoundland and Labrador | 27 weeks in a 52-week period | After 30 days | In force |
| Northwest Territories | n/a | n/a | n/a |
| Nova Scotia | 27 weeks of unpaid leave per year | After 3 months | In force |
| Nunavut | n/a | n/a | n/a |
| Ontario | 27 weeks in a 52-week period | After 13 weeks | In force |
| Prince Edward Island | Not yet in force: 27 weeks in a 52-week period | After 90 days | Legislation received Royal Assent on November 29, 2024; In-force date TBA |
| Quebec | 26 weeks in a 12-month period | After 3 months | In force |
| Saskatchewan | Not yet in force: 12 weeks in a 52-week period | After 13 weeks | In-force date January 1, 2026 |
| Yukon | n/a | n/a | n/a |
For more information or assistance with workplace law matters, please contact a member of our team.
This publication provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hunter Legal LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hunter Legal LLP.