Domestic or Sexual Violence Leave: Your Rights at Work in Ontario

If you're experiencing domestic or sexual violence, you have the right to take time off work under Ontario law—without losing your job. Learn what the leave covers, how to request it, and what supports are available.

Domestic or Sexual Violence Leave: Your Rights at Work in Ontario

Escaping domestic or sexual violence can disrupt every part of your life—including your job. But Ontario law protects your employment if you need time off to deal with the impact of violence.

This leave is your legal right. Here’s what every survivor in Ontario should know.


⚖️ What Is Domestic or Sexual Violence Leave?

  • A protected leave under Ontario’s Employment Standards Act (ESA)

  • For employees who are:

    • Experiencing domestic or sexual violence

    • Supporting a child (under 18) who is experiencing it

  • You don’t need to give full details to your employer

  • It is available even if no police report or court case exists


📅 How Much Time Can You Take?

  • Up to 10 days (can be taken all at once or individually)

  • Up to 15 weeks (can be taken consecutively or separately)

  • The first 5 days must be paid if you’ve worked for your employer for at least 13 weeks

  • The remaining time is unpaid, but your job is protected


🧾 What Can the Leave Be Used For?

You can take this leave for any of the following:

  • Seeking medical attention or counselling

  • Relocating or finding safe housing

  • Obtaining legal advice or appearing in court

  • Meeting with police or filing a complaint

  • Accessing victim services or trauma support

  • Making child care or education arrangements

  • Any other step needed for your safety and recovery


🛑 What Your Employer Cannot Do

  • They cannot fire, demote, or penalize you for taking this leave

  • They are not allowed to ask for details about the violence

  • You are not required to disclose your abuser's name or provide court evidence

  • Employers must keep your information confidential


🧾 Do You Need to Provide Proof?

  • You may be asked to provide “reasonable evidence,” such as:

    • Doctor’s note

    • Support worker letter

    • Court documents or police report (if available)

  • If you don’t have documentation, explain that you're seeking support services—this is often sufficient


🔁 Can You Take It More Than Once?

Yes. The leave resets annually and can be used again each calendar year if needed. Survivors dealing with ongoing legal or housing issues may use the full 15-week period multiple times over the years.


📌 Summary: Know Your Workplace Rights

  • ✅ You can take 10 days + 15 weeks off work if experiencing DV or SV

  • ✅ First 5 days are paid after 13 weeks of employment

  • ✅ Use the time to get medical, legal, or housing help

  • ✅ Your job is legally protected

  • ✅ You don’t have to share details with your employer


📍 Ontario Support Services

  • Assaulted Women’s Helpline – 1-866-863-0511 (24/7)

  • Legal Aid Ontario – 1-800-668-8258

  • Barbra Schlifer Clinic – Free legal and employment help for survivors

  • 211 Ontario – Connects you with housing, legal, and support services

  • CLEO (Community Legal Education Ontario)cleoconnect.ca for detailed legal info


Frequently Asked Questions (FAQs)

1. How much paid leave do I get for domestic violence in Ontario?

You are entitled to five paid days of Domestic or Sexual Violence Leave per calendar year, as long as you have worked for your employer for at least 13 weeks.

2. Can my boss fire me for taking this leave?

No. This is a job-protected leave under the Employment Standards Act. It is illegal for your employer to fire, punish, or penalize you in any way for taking this leave. When you return, they must give you back your same job or a comparable one.

3. Do I have to tell my employer the details of the abuse?

No. You do not have to give your employer specific details about what happened. You only need to inform them that you are taking the leave for a purpose related to domestic or sexual violence. Your employer is legally required to keep the information you do share confidential.

4. My employer is asking for a note. What can I provide?

While your employer can ask for "reasonable evidence," this does not have to be a police report or court document. It can be a note from a doctor, therapist, or a support worker from a women's shelter confirming you are accessing their services.

5. Can I take the leave one day at a time?

Yes. You can take the 10 days of leave in smaller increments, such as a single day or even a partial day, to attend appointments. The 15 weeks of leave can also be broken up into smaller blocks of time as needed.

6. Do I need to have a police report to be eligible for this leave?

No, absolutely not. You do not need to have reported the violence to the police to be entitled to this leave. Your eligibility is based on your experience of violence, not on your engagement with the criminal justice system.

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