Employment Standards Amendment Act (Organ Donor Leave), 2009, S.O. 2009, c. 16 - Bill 154Skip to content
This Explanatory Note was written as a reader’s aid to Bill 154 and does not form part of the law. Bill 154 has been enacted as Chapter 16 of the Statutes of Ontario, 2009.
The Employment Standards Act, 2000 is amended to provide up to 13 weeks of leave of absence without pay for employees who undergo surgery in order to donate organs to other persons. New section 49.2 applies to kidney, liver, lung, pancreas and small bowel donations; other organs and tissue may be added by regulation.
The maximum leave period may be varied by regulation, and the leave may be extended for medical reasons for a further period of up to 13 weeks.
An Act to amend the Employment Standards Act, 2000 in respect of organ donor leave
Assented to June 5, 2009
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Subsection 15 (7) of the Employment Standards Act, 2000 is amended by striking out “family medical leave, personal emergency leave” and substituting “family medical leave, organ donor leave, personal emergency leave”.
Organ Donor Leave
Organ donor leave
49.2 (1) In this section,
“legally qualified medical practitioner” means,
(a) in the case of surgery for the purpose of organ donation that takes place in Ontario, a member of the College of Physicians and Surgeons of Ontario, and
(b) in the case of surgery for the purpose of organ donation that takes place outside Ontario, a person who is qualified to practise medicine under the laws of that jurisdiction; (“médecin dûment qualifié”)
“organ” means kidney, liver, lung, pancreas, small bowel or any other organ that is prescribed for the purpose of this section; (“organe”)
“organ donation” means the donation of all or part of an organ to a person; (“don d’organe”)
“prescribed” means prescribed by a regulation made under this section. (“prescrit”)
Application to prescribed tissue
(2) References to organs in this section also apply to tissue that is prescribed for the purpose of this section.
Entitlement to leave
(3) An employee who has been employed by his or her employer for at least 13 weeks and undergoes surgery for the purpose of organ donation is entitled to a leave of absence without pay.
(4) The employer may require an employee who takes leave under this section to provide a certificate issued by a legally qualified medical practitioner confirming that the employee has undergone or will undergo surgery for the purpose of organ donation.
Length of leave
(5) The employee is entitled to take leave for the prescribed period or, if no period is prescribed, for up to 13 weeks.
(6) When the leave described in subsection (5) ends, if a legally qualified medical practitioner issues a certificate stating that the employee is not yet able to perform the duties of his or her position because of the organ donation and will not be able to do so for a specified time, the employee is entitled to extend the leave for the specified time, subject to subsection (7).
(7) The leave may be extended more than once, but the total extension period shall not exceed 13 weeks.
When leave begins
(8) The employee may begin a leave described in subsection (5) on the day that he or she undergoes surgery for the purpose of organ donation, or on the earlier day specified in a certificate issued by a legally qualified medical practitioner.
When leave ends
(9) Subject to subsections (10) and (11), a leave under this section ends when the prescribed period has expired or, if no period is prescribed, 13 weeks after the leave began.
(10) If the employee extends the leave in accordance with subsection (6), the leave ends on the earlier of,
(a) the day specified in the most recent certificate under subsection (6); or
(b) the day that is,
(i) if no period is prescribed for the purposes of subsection (5), 26 weeks after the leave began, or
(ii) if a period is prescribed for the purposes of subsection (5), 13 weeks after the end of the prescribed period.
Ending leave early
(11) The employee may end the leave earlier than provided in subsection (9) or (10) by giving the employer written notice at least two weeks before the day the employee wishes to end the leave.
(12) An employee who wishes to take leave under this section or to extend a leave under this section shall give the employer written notice, at least two weeks before beginning or extending the leave, if possible.
(13) If the employee must begin or extend the leave before advising the employer, the employee shall advise the employer of the matter in writing as soon as possible after beginning or extending the leave.
Duty to provide certificate
(14) When the employer requires a certificate under subsection (4), (6) or (8), the employee shall provide it as soon as possible.
Leave under s. 50
(15) An employee’s entitlement to leave under this section is in addition to any entitlement to leave under section 50.
Regulations re organ donor leave
(2.0.1) The Lieutenant Governor in Council may make regulations,
(a) prescribing other organs for the purpose of section 49.2;
(b) prescribing tissue for the purpose of section 49.2;
(c) prescribing one or more periods for the purpose of subsection 49.2 (5).
(2.0.2) A regulation made under clause (2.0.1) (c) may prescribe different periods with respect to the donation of different organs and prescribed tissue.