Leave of Absence Policy

Policy Number: CS-1322-2026

Policy Title: Leave of Absence Policy

Policy Owner: Chief Human Resources Officer

Effective Date:

On this page:

  1. Purpose
  2. Application and Scope
  3. Definitions
  4. Principles
  5. Accountability and Compliance
  6. Roles and Responsibilities
  7. Rules
  8. Policy Revision Date
  9. Attachments
  10. Specific Links

1. Purpose

This policy outlines the circumstances under which Mohawk College (“the college”) may grant an employee a leave of absence for personal reasons, with or without pay. This policy aims to provide equitable and inclusive leave options for all employees, with consistent and fair guidelines and adherence to employee Collective Agreement(s), Terms and Conditions of Employment and legislative rights.

2. Application and Scope

By implementing this policy, the college aims to create a more inclusive and supportive work environment that respects and values the diverse needs and cultural practices of all employees.  All employees are entitled to request leaves of absence as outlined in this policy and applicable collective agreements and Terms and Conditions of Employment for Administrative Employees (the “T&Cs”). The college is committed to accommodating leave requests, considering operational requirements and legal obligations. 

The policy applies to all full-time and part-time employees of Mohawk College. Bargaining unit members should consult their respective collective agreements. Administrative employees should consult the T&Cs. If there is any discrepancy between this policy and a collective agreement or the T&Cs, the collective agreement or T&Cs will be followed. 

This policy does not apply to vacation, sick leave, professional development, exchanges with other institutions, secondments, and leaves under the Deferred Salary Plan.

2.1 Employment Standards Act Leaves

In addition to leaves outlined in this policy, all employees are eligible for statutory leaves of absence referenced in the Employment Standards Act, S.O. 2000 in accordance with and subject to the provisions of the Act. 

Employment Standard Act Leaves include: 

  • Bereavement Leave 
  • Child Death Leave 
  • Crime-Related Child Disappearance Leave 
  • Critical Illness Leave
  • Declared Emergency Leave
  • Domestic or Sexual Violence Leave 
  • Family Caregiver Leave 
  • Family Medical Leave 
  • Family Responsibility Leave
  • Infectious Disease Emergency Leave
  • Organ Donor Leave 
  • Pregnancy/Parental Leave
  • Reservist Leave
  • Sick Leave

Leaves taken under this policy for the death, illness, injury, or medical emergency of an employee or family member will count toward applicable leave provisions of the Employment Standards Act, 2000. 

3. Definitions

“Bereavement Leave” refers to paid leave for purposes of arranging or attending a funeral for family members as defined herein.

“Compassionate Leave of Absence” refers to a short-term absence from the college with or without pay. Compassionate leave applies to unusual or emergency circumstances, or to religious and cultural needs beyond existing bereavement or religious entitlements. Employees must get pre-approval for compassionate leave requests, except in emergencies when they should submit as soon as practicable.

“Court Witness Duty” refers to when an employee is officially required to attend a court or legal proceeding, i.e., subpoenaed. The employee may be required to be a witness by any court, agency, committee or body of persons who are authorized by law to force their attendance. 

“Extenuating personal circumstances” refers to significant and unforeseen situations requiring an employee’s immediate action. An example of this would be a sudden critical illness or medical emergency involving a family member; or time to arrange care for an elderly family member. Generally, childcare issues would not constitute “emergency circumstances” under this policy.

“Family Care Leave” refers to leaves to care for members of the Employee’s family when they are ill or injured.

“Family member” Bargaining unit members must consult their respective collective agreements for the definition of family member. Administrative Employee should consult the T&Cs. For employees who do not have a definition of family member in their employment contract family refers to a parent, spouse, common law spouse, same sex partner, child, step child, brother, sister, mother-in-law, father-in-law, grandparent, grandchild, brother-in-law, sister-in-law, son-in-law, daughter-in-law, spouse’s grandparent, aunt, uncle, guardian or a person whose relationship is not described above, whose impact is comparable to that of the immediate family.

“Jury Duty” occurs when employees are summoned for jury service or serve as jurors.

“Paid Leave” refers to leaves where normal salary and benefit entitlement will continue during the leave period. 

“Religious Leave” refers to leaves related to cultural and religious observances important to employee’s identities.

“Unpaid Leave” refers to leaves where salary and/or benefit entitlements will cease for the duration of the leave period.  In such cases, employment insurance benefits may be available through the Government of Canada. Depending on the nature and length of the leave, Employee’s may be permitted to maintain their benefits by paying 100% of the premiums. 

4. Principles

4.1 The college recognizes its responsibility to create and maintain a supportive environment that enables employees to balance personal and professional obligations by providing access to various leave of absence options.

4.2 The college may grant employees a leave of absence for personal reasons, with or without pay. The granting of such leave will be processed according to the guidelines below and in accordance with any applicable collective agreement or the T&Cs. In the event there are issues with the application of these guidelines, the manager will seek the advice and guidance of Human Resources.

4.3 Employees are to notify their immediate manager of their intent to request a leave of absence as soon as possible.

5. Accountability and Compliance

5.1 Accountability Framework

This Policy has been approved by the Senior Leadership Team.

5.2 Compliance

The Chief Human Resources Officer is authorized to ensure that the information within this policy is applied and that all actions comply with relevant legislation, the T&Cs, policies, and collective agreements.

6. Roles and Responsibilities

6.1 Employee Responsibility

  • Contact their immediate manager with as much notice as possible.
  • Disclose all relevant information regarding the leave request for appropriate assessment. If you require further information on relevant and appropriate information regarding the leave request, please contact your Human Resources Strategic Partner (HRSP). 
  • Maintain contact with their manager and the Benefit and Pension Specialist to ensure any changes or updates to the status of the Leave of Absence are addressed and communicated.
  • Complete all necessary documentation prior to the leave. This includes Leave Request Forms and Leave Reports.
  • Ensure personal information and emergency contact information is up to date in their Banner Self Service Record. 
  • Return on the approved date unless otherwise approved for an extension.
  • Utilize the leave of absence only for the reason it was granted.

6.2 Manager Responsibility

It is expected that everyone with managerial responsibilities will:

  • Review any applicable documentation and/or details provided by employees related to requests for leave.
  • Forward long-term leave requests to the Senior Leadership Team Member/Chief Human Resources Officer.
  • Consider all aspects of the request in a fair and objective manner.
  • Work with Human Resources to respond to requests in a timely manner.
  • Where indicated, provide the assigned Human Resources representative with all necessary documentation regarding the leave approval in timely fashion. 
  • Provide respectful, empathetic support to the affected employee.
  • Ensure the employee is aware of the Employee & Family Assistance Plan.
  • If there are questions regarding the validity of the request, consult their HRSP. 
  • Treat all documentation and/or disclosed information as confidential.
  • Consult their HRSP for advice concerning challenging cases.
  • Ensure no reprisal against employees for requesting or taking approved leaves.

6.3 Human Resources Responsibility

  • Collaborate, consult, and support managers to ensure leave approvals are consistent and compliant with all statutory, T&Cs, and collective agreement requirements.
  • Communicate leave entitlements to managers and employees.

7. Rules

7.1 Leave with Pay

At the discretion of the college, a leave of absence with pay may be granted for bereavement, religious leave, compassionate leave, and jury duty or court witness duty. Requests for leave under this section will not be unreasonably denied. If a request is denied, a written explanation will be provided, and alternative accommodation, including unpaid leave of absence, will be explored.

7.1.1 Bereavement

  • Bereavement leaves for family members are defined in the collective agreements and in the T&Cs.
  • For employees who do not have bereavement leave defined in their employment contract, in the event of the death of a family member, the college will provide three (3) or more days without loss of pay to attend or make arrangements for the funeral. Managers can approve up to 5 days of bereavement. Any bereavement request longer than 5 days requires consultation with the appropriate HRSP.
  • If the death of a family member occurs during an employee’s vacation, Administrative Employees and Support Staff employees may request their vacation be adjusted to Bereavement leave. Such requests shall be made to the Employee’s manager and will not be unreasonably denied. Academic Employees receive deferred earnings during their scheduled vacation period, and as a result are not eligible for adjustment.
  • The college recognizes that the term “family” may have different meanings within a diverse and multicultural society, and the bonds that a person considers as kinship may not fall within traditional or legal definitions of “family” contemplated by this policy, the T&Cs, or collective agreements.
  • In cases of death outside of an employee’s family and represents a kinship that is not contemplated by this policy, the employee’s manager shall consider the request in the context of the relevant circumstances and the college’s commitment to equity, diversity, and inclusion. At the manager’s discretion, the employee may be granted a Compassionate Leave of Absence (see 7.1.3) for up to three (3) days without loss of pay.

Please see the Leave of Absence Procedures for details on how to request this leave. 

7.1.2 Religious Leave

Employees are entitled to request leave for cultural and religious observances important to their identities. The college will accommodate, up to undue hardship, absences for the purpose of religious observance. Requests for a leave of absence for religious observance will be assessed considering the impact the absence will have on students, the delivery of academic programs, the interruption of services, and the operational requirements of the college.  Approval for religious observance leave will be granted based on two criteria:

 The day is listed on the Religious Holy Days Observed List, or

 The employee can demonstrate that:
 a) Their spiritual belief or practice is sincerely held,
 b) It is connected to their religion, and
 c) It is considered obligatory or customary within their faith tradition.

The college will provide the following options so that employees have the opportunity to participate in religious observances. The college may approve a leave of absence of up to two (2) paid scheduled days per calendar year for religious observance. Individuals may seek accommodation for additional religious days. In such cases, flexible scheduling or compassionate leave days would be given consideration, in partnership with the manager and Human Resources.

Please see the Leave of Absence Procedures for details on how to request this leave. 

7.1.3 Compassionate Leave

Compassionate Leave may be granted in cases of extenuating personal circumstances, such as a sudden critical illness or accident involving immediate family members. Extenuating personal circumstances cannot be predicted and are extraordinary in nature. At the discretion of the immediate manager, the employee may take up to five (5) days of personal leave with pay. Any further days to be considered for personal leave must be discussed with the HRSP. Any Compassionate leaves greater than two weeks in length are to be approved by the Senior Leadership Team Member. Compassionate leaves greater than one month in length are to be approved by the Chief Human Resources Officer.

Unionized employees and Administrative Employees who have Family Care Day entitlements under the T&Cs and collective agreements are to follow those terms and conditions and cannot combine or pyramid leave entitlements.

  • Leave of absences due to extenuating personal circumstances will be granted, where possible, in a manner designed to ensure minimum impact on students, the delivery of academic programs, the interruption of services, and the operational requirements of the college.
  • Leave of absences with pay due to extenuating personal circumstances may be granted at the discretion of the immediate manager on behalf of the college.
  • The employee requesting a leave of absence due to extenuating personal circumstances shall give reasonable notice to the immediate manager, where possible. 
  • The employee must ensure that they have provided the manager with all relevant information regarding the leave request. The manager is required to give due consideration to all relevant facts before approving or denying the request. 
  • If the employee has not returned to work from leave on the expected return date, the manager will contact the absent employee before the end of the day to request an update on their circumstances and inform the HRSP.

Exclusions: Compassionate leave does not generally include leave related to the unavailability of childcare, attending medical appointments, or commonly associated with the norms and efforts of ordinary life.

Please see the Leave of Absence Procedures for details on how to request this leave. 

7.1.4 Jury Duty/ Court Witness Leave

The college will provide paid time off to an employee if they:

 Are called for jury duty

  • Have to appear in court as a witness for the government (crown witness)
  • Are required by law to attend court as a witness for any other reason

 Employees are not eligible for Jury Duty/Court Witness Leave where litigation was initiated by the employee. 

  • It is the responsibility of the employee to notify their manager immediately upon receiving notice related to any of the above reasons. They are required to provide appropriate documentation to substantiate the court appearance. 
  • Any fees paid by the court to the employee shall be turned over by the employee to the college. The employee will send an electronic funds transfer (EFT) in the amount received and send it to etransfers [at] mohawkcollege.ca (etransfers[at]mohawkcollege[dot]ca). 
  • When the employee is not needed in court, they are expected to continue their regular college duties during their regular work hours.

Please see the Leave of Absence Procedures for details on how to request this leave. 

7.1.5 Citizenship Leave

Full-time Support Staff and Regular Part Time Support Staff will be given paid leave of absence during regular work hours to attend appointments related to obtaining their Canadian citizenship. Such leave(s) of absence will not, in total, exceed the equivalent of two (2) shifts.

Please see the Leave of Absence Procedures for details on how to request this leave. 

7.1.6 Family Care Leave

For Full-time employees (Academic, Support and Administrative), the college shall grant each Employee up to five (5) days of leave to care for members of the Employee’s family when they are ill or injured. 

Where the employee has 100% sick credits available, Family Care Leave can be classified as paid time and deducted from the Short-Term Disability Plan entitlement. Days withdrawn from the Employee’s sick credits will not count toward the employee’s elimination period for Long-Term Disability (LTD).  

In the event the employee has exhausted their 100% sick leave credits, the days will be treated as unpaid.

For Non-Full-Time employees the college shall grant each Employee up to five (5) days of unpaid leave to care for members of the Employee’s family when they are ill or injured. 

Please see the Leave of Absence Procedures for details on how to request this leave. 

7.2 Leave without Pay

The college may approve a leave without pay for a period as short as one (1) day and normally not to exceed twelve (12) months.

  • A manager may approve a leave without pay for up to four (4) months. A leave without pay beyond four (4) months requires the approval of the Senior Leadership Team Member.
  • Where practical and for leaves greater than one month in length, employees shall provide their manager with at least 4 weeks’ notice. Managers will consider requests with lesser notice for short term leaves (less than 1 month) and extenuating circumstances.
  • When evaluating a request for unpaid leave, the college will consider the following factors, along with any other relevant circumstances:
    • Length of Service – The employee’s tenure with the college.
    • Urgency of Circumstances – The immediacy and seriousness of the situation prompting the leave.
    • Alignment with Objectives – The extent to which the leave supports personal development, wellness and/or aligns with college goals.
  • Operational Impact – The anticipated effect on service delivery and the workload of remaining team members.
  • Employees may choose to continue certain group employee benefits coverage, apart from short term disability, in accordance with the terms and conditions of their employment and their collective agreement or employment contract, as applicable, and subject to and only to the extent permitted under the terms and conditions of the applicable group benefit policy, as amended from time to time.
    • Except as otherwise expressly required under a collective agreement or employment agreement, in order to continue benefit coverage during leave, employees must pay the entire monthly cost of the coverage themselves, including both the employee and employer portions.

  • When an employee is on an approved leave of absence under this policy, the employee may purchase all or a portion of the leave service under the CAAT Pension Plan subject to an in accordance with the terms and conditions of the CAAT Pension Plan. 

Please see the Leave of Absence Procedures for details on how to request this leave. 

8. Revision Date

8.1 Policy Revision Date

August 2031

8.2 Responsibility

The Chief Human Resources Officer will review this policy every 5 years or earlier if required.

9. Attachments

10. Specific Links

Academic Employees Collective Agreement

Full Time Support Staff Collective Agreement

Part Time Support Staff Collective Agreement

Terms & Conditions for Administrative Employees (2025)

Terms & Conditions for Temporary and Part-Time Administrative Employees (2026)

Leave of Absence Request Form

Leave of Absence Procedure

Employment Standards Act – Part XIV Leaves of Absence

Ontario Juries Act

11. Related Documents

Employee Learning and Development Policy

Employee Participation in Political Activity Policy

Maternity-Parental Leave FAQ (Full-Time Employees)

Pre-Paid Leaves Information (Full-Time Employees)

Return to Work Policy

Vacation Policy

Leave of Absence Procedures

This procedure provides instructions regarding the management of leave of absence requests in accordance with the Leave of Absence Policy. Any exceptions to the Leave of Absence Procedures will be subject to the approval of the Chief Human Resources Officer.

1. Employment Standards Act Leaves - Including Pregnancy or Parental Leave

  • Employee to complete the Leave of Absence Request Form and forward to their manager. Managers are to sign and forward the form to HumanResources-eSAF [at] mohawkcollege.ca (Human Resources). 
  • For Pregnancy and Parental Leaves:
    • An employee should notify their manager no less than 8 weeks before beginning Pregnancy or Parental leave. 
    • Employees that have taken a Pregnancy Leave are not required to provide notice of their Parental Leave. 
    • If an employee wishes to change their return-to-work date or will not be returning to work, they are required to provide at least 4 weeks’ written notice of the new return-to-work date (earlier or later) or resignation date. 
    • An employee must advise the Benefit and Pension Specialist if they choose the standard or extended Parental Leave approximately 4 weeks before the start of their leave.

2. Bereavement

  • Sufficient time off will be provided for employees to attend to cultural and ceremonial protocols related to bereavement. Bereavement requests can be made via email to the employee’s manager. 
  • Managers may approve up to five (5) days of bereavement leave per occurrence of a family member’s death. These days do not need to be taken consecutively. Any request exceeding five (5) days must be reviewed in consultation with the HRSP prior to approval.
  • Full time Employees and Part Time Support Staff: Following the manager’s approval, employees are to document the bereavement days on their monthly Leave Report (FT) or their Timesheet (PT) in their Employee Profile (Banner). 
  • All other employee Employees: Complete the Leave of Absence Request Form. Managers are to forward the form to HumanResources-eSAF [at] mohawkcollege.ca (Human Resources).  

3. Religious Leave

  • Employee to complete the Leave of Absence Request Form and forward to their Manager. Managers are to sign and forward the form to HumanResources-eSAF [at] mohawkcollege.ca (Human Resources).
  • Requests are to be submitted in writing to the immediate manager with sixty (60) calendar days’ notice prior to the religious observance. If this is not possible, submit requests as soon as the date is known. The request must state the name of the religious observance, the religious affiliation, and the date(s) being requested.

4. Compassionate Leave

  • Employee to complete the Leave of Absence Request Form and forward to their manager. Managers are to sign and forward the form to HumanResources-eSAF [at] mohawkcollege.ca (Human Resources).

  • Paid Compassionate Leave:
    • At the discretion of the manager, the employee may take up to five (5) days of compassion leave with pay. 
    • For leaves greater than five (5) days and less than ten (10) days, the manager must first discuss the request with the Human Resources Strategic Partner.
    • For leaves greater than ten (10) days paid, are to be approved by the Senior Leadership Team (SLT) Member. The SLT Member must first discuss the request with the Director, Employee Relations and Talent Acquisition.
    • Compassionate leaves greater than one (1) month in length are to be approved by the Chief Human Resources Officer.
  • Unpaid Compassionate Leave:
    • At the discretion of the manager, the employee may take up to 10 days unpaid compassion leave. 
    • Any compassionate leaves greater than ten (10) days unpaid are to be approved by the Senior Leadership Team Member.
    • Compassionate leaves greater than one (1) month in length are to be approved by the Chief Human Resources Officer.

5. Jury Duty/ Court Witness Leave

  • Jury Duty/Court Witness Leave requests can be made via email to the employee’s manager. 
  • Full time Employees and Part Time Support Staff: Following the manager’s approval, employees are to document the Jury Duty/Court Witness days on their monthly Leave Report (FT) or their Timesheet (PT) in their Employee Profile (Banner). 
  • All other employees: Complete the Leave of Absence Request Form and forward to their Manager. Managers are to sign and forward the form to HumanResources-eSAF [at] mohawkcollege.ca (Human Resources). 
  • Any fees paid by the Court to the employee shall be turned over by the employee to the college.
  • The employee will send an electronic funds transfer (EFT) in the amount received and send it to etransfers [at] mohawkcollege.ca (etransfers[at]mohawkcollege[dot]ca). 

6. Citizenship Leave

  • Full Time Support and Regular Part Time employee requests for Citizenship Leave can be made via email to the employee’s manager. 
  • Following the manager’s approval, employees are to document the Citizenship leave days on their monthly Leave Report (FT) or their Timesheet (PT) in their Employee Profile (Banner). 

7. Family Care Leave

  • Family Care Leave requests can be made via email to the employee’s manager. 
  • 100% Sick Credits Available: Following the manager’s approval, employees are to document the Family days on their monthly Leave Report (FT) in their Employee Profile (Banner). 
  • 100% Sick Credits Exhausted: Following the manager’s approval, Complete the Leave of Absence Request Form. Managers are to forward the form to HumanResources-eSAF [at] mohawkcollege.ca (Human Resources).

8. Leave of Absence without Pay

  • Complete the Leave of Absence Request Form and forward to their Manager.
  • For leave of absence greater than one month and where practicable, request the leave of absence with at least four (4) weeks’ notice.
  • At the discretion of the manager, up to four (4) months of unpaid leave time may be approved.
  • Leaves of absence greater than four (4) months in length require approval from the department’s Senior Leadership Team Member.

  • A Benefit and Pension Specialist will outline the options for benefits continuation at the employee’s expense, as well as the options for purchasing the leave period with the CAAT Pension Plan.

The college is committed to providing a workplace free from discrimination. Leave requests will be considered without bias based on race, ethnicity, gender, sexual orientation, or any other protected characteristic.  If a request is denied, a written explanation will be provided, and alternative accommodation will be explored.