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Qualifying for Emergency leave.

What is Emergency leave?

Emergency leave is unpaid, job-protected leave of up to 10 days each year.

Emergency leave may be taken in the case of illness, injury and certain other emergencies and urgent matters.

Who can take Emergency leave?

Employees who work for employers that regularly employ at least 50 employees are entitled to Emergency leave.

What if an employee works for an employer that regularly employs fewer than 50 employees?

The employee is not entitled to Emergency leave under the ESA.

For what reasons can an unpaid Emergency leave be taken?

An employee who is entitled to Emergency leave can take up to 10 days' unpaid leave of absence due to:

personal illness, injury or medical emergency, and

death, illness, injury, medical emergency of or urgent matters relating to:

	a spouse or same-sex partner
	a parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step-grandchild of the employee, the employee's spouse or the employee's same-sex partner
	the spouse or same-sex partner of an employee's child
	a brother or sister of the employee
	a relative of the employee who is dependent on the employee for care or assistance.

Is Emergency leave the same as sickness or bereavement leave?

No. Unpaid Emergency leave can be taken because of illness or death in particular circumstances. Sickness or bereavement leaves, however, are often part of a workplace policy or employment contract, or covered under employer benefit plans.

Is Emergency leave the same as Family Medical Leave?

No. Emergency leave is unpaid, job-protected leave of up to 10 days each calendar year. Emergency leave may be taken in the case of personal illness, injury or medical emergency and the death, illness, injury, medical emergency of or urgent matters relating to certain family members and dependent relatives.

Family Medical leave, on the other hand, is unpaid, job-protected leave of up to eight (8) weeks in a 26 week period. Family Medical leave may be taken to provide care and support to certain family members for whom a qualified health practitioner has issued a certificate stating that this family member has a serious illness with a significant risk of death occurring within a period of 26 weeks.

Further, while only employees who work for employers that regularly employ at least 50 employees are entitled to Emergency leave, this is not a requirement for Family Medical leave. The persons for whom a Family Medical leave may be taken differ from the persons specified for Emergency leave. See "Family Medical Leave"

Am I entitled to both Emergency leave and Family Medical leave?

An employee may be entitled to both leaves. They are separate leaves and the right to each leave is independent of any right an employee may have to the other leave. An employee who qualifies for both leaves would have full entitlement to each leave.

Rights and Responsibilities

How long is an Emergency leave?

An Emergency leave of absence can last up to 10 days a year.

Does Emergency leave have to be taken all at one time?

The 10 days of an Emergency leave don't have to be taken consecutively.

However, Emergency leave is generally counted in full days. Even if an employee takes only part of a day as an Emergency leave, the employer can count it as a full day of leave. For example, an employee who takes half a day off to take his or her child for medical tests may be deemed to have taken one day's leave.

How do employees tell their employers about their plans?

An employee must inform the employer that he or she will be taking an Emergency leave of absence.

What if there is no time for the employee to give notice?

If an employee has to begin an Emergency leave before notifying the employer, he or she must inform the employer as soon as possible after starting the leave.

Can the employer ask for evidence of why the employee took an Emergency leave?

An employer is allowed to ask an employee to provide evidence that he or she is eligible for an Emergency leave of absence. The employee is required to provide evidence that is reasonable in the circumstances.

Can an employer fire an employee for taking leave?

No. If an employee is eligible for an Emergency leave, the employer can't penalize him or her in any way for taking a leave.

What happens to an employee's pay, seniority and benefits?

	Employers do not have to pay wages when an employee is on Emergency leave
	Employees earn seniority and credit for length of service and length of employment while on Emergency leave
	While an employee is on Emergency leave, the employer must continue to pay its share of the premiums to certain benefit plans (i.e., pension plans, life, accidental death, extended health insurance plans and dental plans) that were offered before the leave.