When can I take a leave from work because of COVID-19?
All employees covered by Ontario's Employment Standards Act can take the province's Infectious Disease Emergency Leave (IDEL). IDEL lets you take up to 3 paid days off work because of COVID-19. You can also take as many unpaid days of leave as you need.
Your employer can't fire you, threaten you, or do anything else to punish you because you choose to take the leave.
You can choose to just take unpaid IDEL and save your paid days for another time you might need to take the leave.
If you want to take only unpaid leave, you must tell your employer this in writing during the pay period in which you're taking the unpaid leave.
For example, if you're paid every week, you must tell them before the end of the week you're on leave. If you're paid monthly, you must tell them by the end of the month in which you're on leave.
If you don't tell your employer of your decision in writing, you'll automatically get the paid IDEL days first, if you have any left.
Qualifying for IDEL
To qualify for paid or unpaid leave, one of the following must apply to you:
- You're getting a COVID-19 vaccine or you're recovering from side effects caused by the vaccine.
- You're being treated for COVID-19. For example, you're in the hospital.
- You've been ordered to self-isolate because
you have or might have COVID-19. - You've been ordered to self-isolate because you’ve been in contact with someone who has COVID-19.
- You're caring for a family member because they have or might have COVID-19.
- Your employer has ordered you to stay home because you might spread COVID-19 at work.
You can qualify for only unpaid IDEL if:
- You have to care for a family member because of COVID-19. For example, your child's school is closed or you're taking your parent to get a COVID-19 vaccine.
- You're affected by a COVID-19 travel restriction and you can't reasonably return to Ontario.
Paid leave
Paid leave is available for up to 3 days and pays up to $200 a day. These 3 days are available from April 19, 2021, until March 31, 2023.
The number of days you can get does not reset each year. For example, if you took 2 days of paid leave in 2021, and one day in 2022, you have no paid days available for 2023.
The government might extend the end date for the paid leave if the COVID-19 situation does not improve.
Your employer pays you for these days. You don't apply to the government. All you need to do is tell your employer that you want to use this leave.
Your employer then applies for a refund from the Workplace Safety and Insurance Board (WSIB).
For more information, read Can I get paid sick days if I have COVID-19?
Unpaid leave
You can take as many unpaid days of leave as you need. You can even take unpaid leave for short periods of time. For example, you can help care for a family member one day a week because of COVID-19.
But you can take the leave only for as long as you need it. Once you recover or you no longer have to care for your family member, you must return to work.
You can take unpaid leave more than once. For example, you may have taken the leave once because you thought you had COVID-19. You can take it again for that reason or because you have to care for a family member who has COVID-19.
The government has not said when the unpaid leave will stop being available.
Taking the leave
It's your choice whether you want to take IDEL.
The law says that your employer can't fire you, threaten you, or do anything else to punish you because you choose to take the leave.
To take IDEL, you need to tell your employer about your situation. It's best to do this before you go on leave, if you can.
Your employer can ask for “reasonable” evidence. For example, they could ask for:
- a copy of an order from public health saying you must self-isolate, if you got a copy of the order
- a note from your child's daycare saying they're closed because of COVID-19
Your employer can ask you for a medical note, but they can't require one. You have the right to refuse to give them a note.
Other options
If you have vacation time, you may be able to use this before using the IDEL.
And you might be able to use paid sick days, if you have them, depending on your employer's sick leave policy.
If you have to stay home to care for your children or parents, you might be able to ask your employer for based on the Human Rights Code. This could allow you to work from home or change your work schedule, so you won't have to take IDEL.
Even if you have the option to get accommodation or take vacation, it does not mean you have to use them. You can choose to take the IDEL if that’s what you prefer.
Whatever option you choose, be sure to tell your employer as soon as possible.
Getting legal help
If you're having trouble getting time off work, you may want to get legal help.
