Newsletter – January 2026

Sick Leave

• Employers can only request a sick note after an employee has been absent for five consecutive working days.
  

• Long-term sick leave has been extended to 27 weeks, aligning with federal rules.

Expanded Leave Entitlements

• Employees who experience pregnancy loss are now eligible for maternity leave.

• A new 16-week unpaid leave is available for employees who have experienced interpersonal violence.

• Bereavement leave now applies to any close relative, as defined by the employee.

Other Notable Updates

• Employers may use a calendar day instead of 24 consecutive hours for scheduling and overtime.

• The group termination notice threshold has increased from 10 to 25 employees.

• Public holidays (except Remembrance Day) can be substituted with another day by agreement.

• The Director of Employment Standards has expanded authority to order reinstatement and compensation in certain cases.

What Employers Should Do Now

Review tip policies, sick leave practices, and leave entitlements to ensure compliance with the new rules.

 💡HRC Tip:

We’ve updated our Hours of Work Policy and our Protected Leaves Policy in our core protection manual to reflect these changes. Please let us know via the HUB  if you need these updated policies!

 💡HRC Tip:

Our team of HR advisors is ready to help you with any of your questions related to performance management and progressive discipline! Please submit a chat ticket via the 

HUB and our team will contact you.

Ontario has passed the Working for Workers Seven Act, 2025 (Bill 30), bringing significant updates to the ESA, OHSA, and WSIA. Many changes are already in effect and require immediate employer attention.

Employment Standards Act (ESA) Updates

• Job-Posting Platforms (Now in force): Third-party job boards must add fraud-reporting tools and maintain an anti-fraud policy.

• Job-Seeking Leave (Now in force): Employees affected by a mass termination receive three unpaid days to attend interviews or training.

• Extended Temporary Layoffs (Now in force): Non-unionized employees may be placed on an extended layoff for up to 52 weeks in 78 weeks, but only with written consent and Director approval.

• REMINDER: Job Posting Requirements for Employers with 25+ Employees (Now in force): Employers must include expected compensation in publicly advertised job postings, subject to certain restrictions. Employers must also disclose the use of artificial intelligence during the hiring process and whether the posting is for a current vacancy in the workplace. Employers are prohibited from requiring Canadian experience in job postings. And finally, employers must inform job candidates who applied and interviewed for a publicly advertised job posting of their decision, either in person, in writing, or via email/technology, within 45 days of the date the last interview was conducted. 

Ontario has passed the Working for Workers Seven Act, 2025 (Bill 30), bringing significant updates to the ESA, OHSA, and WSIA. Many changes are already in effect and require immediate employer attention.

Employment Standards Act (ESA) Updates

• Job-Posting Platforms (Now in force): Third-party job boards must add fraud-reporting tools and maintain an anti-fraud policy.

• Job-Seeking Leave (Now in force): Employees affected by a mass termination receive three unpaid days to attend interviews or training.

• Extended Temporary Layoffs (Now in force): Non-unionized employees may be placed on an extended layoff for up to 52 weeks in 78 weeks, but only with written consent and Director approval.

• REMINDER: Job Posting Requirements for Employers with 25+ Employees (Now in force): Employers must include expected compensation in publicly advertised job postings, subject to certain restrictions. Employers must also disclose the use of artificial intelligence during the hiring process and whether the posting is for a current vacancy in the workplace. Employers are prohibited from requiring Canadian experience in job postings. And finally, employers must inform job candidates who applied and interviewed for a publicly advertised job posting of their decision, either in person, in writing, or via email/technology, within 45 days of the date the last interview was conducted. 

A part-time server with Cerebral Palsy asked to swap a single shift so she could see her doctor about pain medication.

The owner texted back: attend the appointment and you’re fired.

She was gone the next day.

The restaurant ignored the Human Rights Tribunal entirely → was found in default.

Result:

• $15,000 general damages for injury to dignity

• $407 lost wages (only 2 weeks as she had already said she was quitting)

• Pre- and post-judgment interest accumulating since 2019

• Owner personally liable (sole proprietorship)

Key reminders for every Ontario employer:

• Forcing an employee to choose between their health and their job can be a proven $15K+ mistake.

• Threatening termination over a disability-related medical appointment could equal an automatic discrimination finding.

• Defaulting at the HRTO is the fastest way to turn a manageable problem into a five-figure liability.

 💡HRC Tip:

Navigating accommodation requests and human rights can be incredibly tricky for employers. Because there is such nuance in each and every case, and rarely a clear cut answer, it’s easy to step in a risky direction. Our Advisory team and our HRC Law team are here to assist you with these types of challenges! Use the chat feature in our HUB to let us know if you need advice on an accommodation request.