ESA statutory leave now for organ donors

On June 26, 2009, the Ontario Employment Standards Act (ESA) was amended to include a new protected statutory leave for organ donors.

About the new leave

• An employee who has been employed for at least 13 weeks by his or her employer and undergoes surgery for the purpose of organ donation is entitled to take a leave for a maximum of 13 weeks.
• The leave may be extended for up to an additional 13 weeks if authorized by a qualified medical professional.
• The organ donor leave is in addition to any time taken as a personal emergency leave.
• Members on an organ donor leave have the same pension rights as members on other statutory leaves such as a pregnancy and parental leave or emergency leave. The normal statutory leave rules for elections, Pension Adjustment (PA) reporting, cost* and purchase deadlines apply, and the leave will count as eligible service in OMERS if the member doesn’t purchase the period.

OMERS Employer Administration Manual will be updated to include organ donor leaves.

*The member cost for an organ donor leave is single contributions. The employer pays a matching amount.