Failure to return from leave

What to do if an employee's approved emergency leave elapses but doesn't return to work
By Brian Kenny
|Canadian Employment Law Today|Last Updated: 05/29/2013

Question: Is failure to return at the conclusion of an approved emergency leave just cause for dismissal? What if the employee notifies the employer he won’t be returning yet despite the fact the employer hasn’t approved additional leave?

Answer: Employment legislation with respect to emergency leave varies throughout the country. In most provinces, including Saskatchewan, no emergency leave provisions are found within the governing employment legislation. In Ontario, however, the Employment Standards Act, 2000 contains emergency leave provisions that apply to employers of 50 or more employees. These provisions entitle employees to a job-protected leave of up to 10 days without pay every calendar year, should they require time away from work due to an emergency situation. Recognized emergencies include illness, injury, medical emergency, or an urgent matter for the employee or a family member as defined under the act.