Area of Law: Employment Law
Answer # 1603
Child Death or Crime-related Disappearance LeavesRegion: Ontario Answer # 1603
Workers who are covered by the Employment Standards Act and have been employed for at least six consecutive months are entitled to two kinds of leave relating to 1) the death of a child, and 2) the crime-related disappearance of a child.
1. Child Death Leave
Eligible employees are allowed up-to 104 weeks of unpaid leave if a child of the employee dies. Formerly, this leave was allowed for a crime-related death of a child only. This leave is now offered in the case of all child deaths, regardless of the reason. A child includes a step-child, child under the legal guardianship of the employee or foster child who is under 18 years of age.
If the child died as a result of a crime and the employee is charged with the crime, or if it is probable that the child was a party to the crime, an employee is not entitled to this leave.
Can leave be shared?
One or more employees can share the leave if it is taken as a result of the same death, or deaths that are the result of the same event. The leave can be taken at the same time or at different times.
2. Crime-related Child Disappearance Leave
Eligible employees are allowed up-to 104 weeks of unpaid with respect to the crime-related disappearance of a child. If the child is found within the 104-week period while the employee is on this leave, the employee is entitled to remain on leave for 14 days after the day the child is found, if the child is found alive. An employee is not entitled to this leave if the employee is charged with the crime or if it is probable, that the child was a party to the crime.
Can leave be shared?
One or more employees can share the leave if it is taken as a result of the same disappearance, or disappearances that are the result of the same event. As with child death leave, it can be taken at the same time or at different times.
To be eligible for either of these types of leave, employees must be covered by the ESA and have been employed for at least six consecutive months.
For more information, view the Government of Ontario’s Guide to the Employment Standards Act. For legal help and assistance, contact an employment lawyer.
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