Ontario ESA Changes: The Working For Workers Six Act | Cowan

Effective June 19, 2025, Ontario is introducing a long-term illness leave that offers job protection to employees for up to 27 weeks. This leave, known as the Working for Workers Six Act, is the sixth installment of the government’s Working for Workers legislation, which updates the Ontario Employment Standards Act (Ontario ESA).

Who is eligible?

An employee employed by an employer for at least 13 consecutive weeks is entitled to a leave of absence without pay.

What medical conditions are applicable, and what are the key definitions?

The employee will not be performing the duties of the employee’s position because of a serious medical condition, and a medical practitioner has issued a certificate stating that the employee cannot work due to their serious medical condition. The individual does not need to be at significant risk of death to be considered to have a serious medical condition, which can include a condition that is chronic or episodic.

How long is the long-term illness leave?

The total amount of leave that may be taken by an employee under this section is 27 weeks, even if the employee has more than one serious medical condition. If the certificate sets out a period of less than 27 weeks, the employee is entitled to take leave only for the number of weeks in the period specified in the certificate.

Leave can be taken during multiple absence periods. If taken in non-consecutive periods, the leave ends no later than 52 weeks from the first absence as outlined in the initial medical certificate. The amount of leave, combined or in total, does not exceed 27 weeks. For an employee’s entitlement under this section, if an employee takes any part of a week as leave, the employer may deem the employee to have taken one week.

How is the duration of the illness defined?

Medical information must be issued by a qualified health practitioner, who issues a certificate that:

• States that the employee has a serious medical condition
• Sets out the period during which the employee will not be performing the duties of the employee’s position because of a serious medical condition

Who can provide supporting information?

Any individual qualified to practise as a physician, a registered nurse, or a psychologist under the laws of the jurisdiction in which care or treatment is provided to the employee can provide supporting information. In the appropriate circumstances, a member of a prescribed class of health practitioners can also provide information.

Advising the employer.

Under this section, employees wishing to take leave must advise the employer in writing that they will take a long-term illness leave. If the employer requests, the employee shall provide the employer with a copy of the certificate.

Employer obligations.

Employers have several key responsibilities when it comes to managing long-term illness leaves and supporting their employees, including:

• Informing employees: Employers must ensure that employees know their rights and the procedures to follow when requiring long-term sick leave.
• Eligibility and documentation: Employers must verify that employees meet the eligibility criteria for sick leave. This often includes ensuring that the employee has worked for the required period and obtaining a medical certificate to verify the illness or injury.
• Managing leave periods: Employers must manage the leave periods according to the legislation.
• Supporting employees: Employers should provide support to employees during their leave. This includes maintaining communication, offering resources for recovery, and ensuring a smooth transition back to work.
• Supporting employee well-being: Employers should provide resources and support to help employees during their leave. This includes offering access to wellness programs, providing information on available benefits, and ensuring a supportive work environment.
• Accommodating employees: Employers must accommodate employees in a way that does not cause undue hardship while ensuring health and safety are not compromised. Employers are also responsible for proving undue hardship if they cannot accommodate an employee. Cowan recently conducted a webinar on this topic. Visit our webinar wrap-up page for more information.
• Informing employees about income replacement options: For employees covered under short-term or long-term disability plans, ensure application forms are provided promptly. For employees not covered under a private plan, advise the employee of income replacement options through employment insurance and provide a record of employment.

What does this mean to you?

The introduction of Ontario’s long-term illness leave provides job protection for employees who are undergoing a serious medical injury or illness. For employers, this additional period of job-protected absence can be an extra complexity in managing the leave, including accommodation and work coverage.

Employers should consider choosing a third-party disability provider like Cowan Return to Health® to better manage their long-term leaves due to several key benefits, or short-term disability plans. Return to Health brings specialized knowledge and experience in handling complex cases, ensuring detailed assessments and compliance with legislative requirements.

Utilizing a third-party provider can help maintain the privacy and confidentiality of sensitive medical information, building trust between the employer and employees. Consistency and fairness in case management are also ensured, reducing the risk of bias or favouritism. Moreover, outsourcing the management of long-term sick leaves significantly reduces the administrative burden for HR departments, allowing them to focus on other critical tasks. Lastly, third-party services often provide additional support for employees, such as access to wellness programs and assistance with the return-to-work process, improving overall employee well-being.

Keeping on top of legislative changes can often be a full-time job. With many provinces moving to longer-term job-protected sick leaves, employers must ensure strong management of these absences.

As new legislation is passed, the Cowan Return to Health team supports you as a trusted partner in managing your legislative requirements and leave management services. If you have any questions on any of the information provided or are interested in hearing more about absence and disability claims management at Cowan, please contact rthclient.service@cowangroup.ca.