Area of Law: Employment Law
Answer # 1607
Organ Donor LeaveRegion: Ontario Answer # 1607
What is Organ Donor Leave?
Organ donor leave is given to eligible employees who are undergoing surgery to donate all or part of certain organs to someone. Under the Employment Standards Act (ESA), eligible employees are entitled to take up-to 13 weeks of unpaid, job-protected leave to undergo surgery to donate all or part of one of the following organs:
- small bowel
To be eligible, an employee may be full-time, part-time, permanent, or term contract, and they must have been employed for at least 13 weeks.
A medical certificate may be required
In the following circumstances, the employee may be required to provide the employer a medical certificate:
- to confirm that the employee has undergone or will undergo surgery to donate an organ,
- when the employee is to begin the leave if it is before the day of the organ donation surgery, and / or
- to extend a leave for a period of time (up-to an additional 13 weeks) because the employee is not yet able to perform the duties of their position because of the organ donation, and will not be able to do so for a specified period of time.
For more information on organ donor leave, review the Government of Ontario’s Guide to the Employment Standards Act.
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