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Serious Personal Illness or Injury - Up to 27 Weeks Unpaid Leave - Act Part 6, Section 49.01

Last updated on November 28, 2025

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section explains under what circumstances an employee qualifies for unpaid serious personal illness or injury leave.

Text of Legislation

49.01 (1) In this section, "health practitioner" means the following:

(a) a medical practitioner;

(b) a nurse practitioner;

(c) a person who is authorized to practise a designated health profession, within the meaning of the Health Professions Act, that is prescribed for the purposes of this definition.

(2) After the prescribed number of consecutive days, if any, of employment with an employer, an employee who, due to serious personal illness or injury, is unable to work for at least one week is entitled to up to 27 weeks of unpaid leave in any period of 52 weeks.

(3) The employee must obtain a certificate from a health practitioner that states all of the following:

(a) the employee is unable to work due to medical reasons;

(b) the date on which the employee's inability to work

(i) began, if the employee is already unable to work, or

(ii) is expected to begin, if the employee is not yet unable to work;

(c) the date on which the employee is expected to be able to return to work and after which the employee is not expected to take any further leaves under subsection (10).

(4) The employee must give the employer a copy of the certificate as soon as practicable.

(5) A leave under this section must be taken in units of one or more weeks.

(6) A leave under this section begins on the first day of the week during which the earlier of the following occurs:

(a) the date referred to in subsection (3) (b);

(b) if the leave began before the date referred to in subsection (3) (b), the date on which the leave began.

(7) A leave under this section ends on the last day of the week during which the earliest of the following occurs:

(a) the date referred to in subsection (3) (c);

(b) the employee has taken the 27 weeks of leave referred to in subsection (2);

(c) the expiration of 52 weeks from the date the leave began.

(8) Despite subsection (7) (a), an employee may take a further leave if

(a) the employee obtains a new certificate in accordance with subsection (3),

(b) the employee has not taken the 27 weeks of leave referred to in subsection (2), and

(c) 52 weeks from the date the leave began have not expired.

(9) An employee who takes a further leave in accordance with subsection (8) must give the employer a copy of the new certificate as soon as practicable.

(10) An employee who returns to work before the date referred to in subsection (3) (c) may take a further leave up to that date without obtaining a new certificate if

(a) the employee is unable to work again due to the medical reasons referred to in subsection (3) (a),

(b) the employee has not taken the 27 weeks of leave referred to in subsection (2), and

(c) 52 weeks from the date the leave began have not expired.

Policy Interpretation

All employees are entitled to up to 27 weeks of unpaid leave within a period of 52 weeks if the employee is unable to work due to their own illness or injury. This leave is available to all employees, regardless of how long they have been employed.

An employee taking this leave must provide a certificate to their employer as soon as they are able. The certificate needs to state:

  • That the employee is unable to work for medical reasons
  • The date on which the leave began or is expected to begin
  • The date on which the employee is expected to be able to return to work

The certificate must be issued by a doctor, nurse practitioner, or designated health professional.

Employees must take this leave in units of one or more weeks. For the purposes of this section, the definition of "week" in section 1 of the Act says that a week starts on Sunday. For example, if an employee begins a leave in the middle of a week and ends it in the middle of the following week, the employee will be deemed to have used up 2 weeks of leave. The 52-week period begins on the Sunday of the week in which the certificate is issued or the first leave is taken (whichever comes first).

Employees may take subsequent leaves under this section within a 52-week period if they have not used up their 27-week entitlement and they receive a new certificate, or if they returned from their leave early and are taking subsequent leave before the date the certificate indicated they would be able to return to work.

Subsection (1)

This subsection defines a "health practitioner" for the purposes of the section.

A “medical practitioner” means a member of the College of Physicians and Surgeons. A “nurse practitioner” means a nurse registered as such with the College of Nurses and Midwives. “Designated health professions” include dentists, nurses, opticians, pharmacists and psychologists as well as many other professions. They are identified in the Health Professions Designation and Amalgamation Regulation.

Subsection (2)

An employee who requests leave is entitled to 27 weeks of unpaid leave within a period of 52 weeks. This legislation does not specify how the leave should be requested. There is no requirement for a request to be in writing or for the employee to give the employer advance notice.

Subsection (3)

The employee must obtain a certificate from a health practitioner indicating:

  • That the employee is unable to work for medical reasons
  • The date on which the leave began or is expected to begin
  • The date on which the employee is expected to be able to return to work

Subsection (4)

The employee is not required to have the certificate prior to starting the leave, but must provide it to their employer as soon as they are able to do so.

Subsection (5)

Employees must take the leave in blocks of one or more weeks. If an employee begins a leave under this section in the middle of a week and ends it in the middle of the following week, the employee has used up 2 weeks of leave.

Subsection (6)

Leave under this section begins on the earlier of the following dates:

  • The first day of the week in which the leave began
  • The first day of the week containing the date the employee was unable to work, as indicated on the certificate

Per the definition of "week", a week begins on a Sunday. A leave under this part will always begin on a Sunday for the purposes of calculating the amount of leave taken.

Subsection (7)

Leave under this section ends on the last day of the week containing the latest of the following:

  • The date that the employee will be able to return to work, as indicated on the certificate
  • The employee has taken a total of 27 weeks of leave under this section
  • 52 weeks have passed since the leave began

As above, a week begins on a Sunday and ends on the following Saturday. A leave under this part will always end on a Saturday for the purposes of calculating the amount of leave taken.

Subsection (8)

Employees may take further leave under this section if all of the following apply:

  • 52 weeks have not expired since the first leave began
  • They have not yet taken 27 weeks of serious personal illness or injury leave since the first leave began
  • They obtain a new certificate

Subsection (9)

As in subsection 4, an employee taking a further leave under subsection 8 must provide the new certificate to their employer as soon as they are able to do so.

Subsection (10)

If an employee ends their leave under this section early, they do not need to obtain a new certificate when taking further leave as long as they are unable to work for the same reasons stated on the initial certificate and the end date indicated on that certificate has not been reached.

Terms and conditions of employment protected

Section 54 provides that an employer cannot terminate an employee or change a condition of employment without the employee's written consent as a result of a leave under this Part. See also s.56 for an explanation of the effects of leave under this Part on employment and benefit payments. If the employer's business operations have been suspended or discontinued at the time the employee's leave ends, the employer must comply with s.54(2) when operations resume.

In the event of a contravention under this Part of the Act, the director may order a remedy in a determination under s.79(2). The determination will include an escalating monetary penalty, subject to s.98.

Employees covered by a collective agreement

Where there is a collective agreement, disputes respecting the application, interpretation, or operation of Part 6 must be resolved through the grievance procedure, not through the enforcement provisions of the Act.

Related Information

Related sections of the Act or Regulation

ESA