New Domestic or Sexual Violence Leave

The first five (5) days of this leave must be PAID leave, and is in addition to any Personal Emergency Leave that the employee may be entitled to.

Effective January 1, 2018, an employee (who has been employed for at least 13 consecutive weeks) is entitled to take up to 10 days and up to 15 weeks of leave, if the employee or a child of the employee is the victim of domestic or sexual violence or experiences the threat of domestic or sexual violence.

The leave entitlement does not apply if the domestic or sexual violence is committed by the employee (i.e. they are the perpetrator of the act).

The leave can be taken for any of the following purposes:

1. To seek medical attention for the employee or the child of the employee in respect of a physical or psychological injury or disability caused by the domestic or sexual violence.

2. To obtain services from a victim services organization for the employee or the child of the employee.

3. To obtain psychological or other professional counselling for the employee or the child of the employee.

4. To relocate temporarily or permanently.

5. To seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic or sexual violence.

6. Such other purposes as may be prescribed (allowed in future or approved by the Ministry of Labour).

As with other Leaves of Absence under the Employment Standards Act, Employers are permitted to request “proof that is reasonable in the circumstances” to support the Employee’s entitlement to the Leave.

Organizations of all types will need an Attendance Management Policy to help them deal with the new requirements for Leaves of Absence.

Contact me today to get yours!