Ontario has introduced a new Long-Term Illness (LTI) leave under the Working for Workers Six Act that came into force on June 19, 2025. This statutory leave provides critical job protection for employees facing serious medical conditions. However, it does bring important implications for employers, especially around benefits, disability coverage, and collective agreements.
New Statutory Leave Requirements
To qualify for LTI leave, an employee must:
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- Have worked for the employer for at least 13 consecutive weeks;
- Be unable to work due to a serious medical condition; and
- Provide a certificate from a “qualified health practitioner” setting out the nature of the condition and duration of time off required.
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Written notice to an employer is required, however there is no specific notice period. The reality is that employees may not be able to provide it until the last moment, particularly in urgent situations.
This new leave provides up to 27 weeks of job-protected leave within a 52-week period. The leave can be taken in increments and does not need to be taken consecutively. If a new medical certificate is produced, an employee may extend a period of leave, provided they have not exhausted the 27-week maximum in a 52 week period.
What This Means for Existing Leave Policies and Benefits
Employers must consider how this new statutory leave interacts with current policies, disability benefits, employment agreements, and the duty to accommodate.
1. Overlap with existing sick leave, short-term disability, and long-term disability
As this leave is unpaid, it is likely that paid leaves (sick leave, STD or LTD leaves) granted for the same purpose under existing policies, collective agreements or benefit programs would be deemed to be a greater right or benefit and would count towards any LTI leave entitlement.
2. Impact on Benefits Continuation
As with other Employment Standards Act leaves, such as pregnancy or parental leave, LTI leave creates an obligation for an employer to continue to contribute to and maintain employee benefits. If the employee was participating in benefits (e.g., health, dental) before they went on leave, they are entitled to continue to have access during the statutory leave period. It should be noted that, for example, if an employee was paying a portion of the costs before they went on leave, they must continue paying this portion while on leave.
3. Awareness of a Longer Benefit Participation Period
Employers should be aware of the possibility that their policies or employment agreements could create a longer benefit participation period. Be sure to review your policies, contracts and agreements with your legal counsel to understand how the new LTI leave interacts with your existing arrangements.
Next Steps for Employers:
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- Review contracts, collective agreements, and policies to identify any conflicts or overlaps with the new statutory leave.
- Consider adjusting benefit continuation period to prevent unintended rollover into new entitlement period.
- Re-evaluate how short term, long-term, and sick leave policies align with the new rules, particularly regarding serious illness.
- Prepare for collective bargaining implication, including how benefit continuation and leave entitlements should be structured going forward.
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PooranLaw will continue to monitor ongoing case law that may affect our clients and the broader human services sector. If you require legal guidance or support please reach out to your regular PooranLaw lawyer or a member of our team.
Note: This article provides general information only and does not constitute, and should not be relied upon as, legal advice or opinion. PooranLaw Professional Corporation holds the copyright to this article and its contents may not be copied or reproduced in any form, in whole or in part, without the express permission of PooranLaw Professional Corporation.
