Ontario to Amend Employment Standards Act to Provide Leave for Organ Donors
The province of Ontario is introducing legislation that if passed would amend the Employment Standards Act, 2000 to provide unpaid job-protected leave for employees who donate certain organs to another individual.
Features of this leave includes:
- The leave would apply to persons donating all of, or part of the following: kidney, liver, lung, pancreas and small bowel.
- Donors would have to be employed by the same employer for at least 13 weeks in order to be entitled to the leave. All employees covered by the ESA would be eligible for the leave, regardless of the size of their employer.
- The employee would be entitled to extend the leave for an additional period of up to 13 weeks (i.e., the total length of leave could be up to 26 weeks) if a medical certificate confirmed that the employee is not yet able to perform their duties
- Employers providing certain types of benefits (e.g. pension) would have to continue to make their contributions during the leave, if the employee continues to pay their contributions, if required.
- Donor’s seniority and length of service credits would continue to accumulate during the leave.
More information can be found at: