On Ontario care leave, I am asked to resign: what should I preserve?

Leave protection and resignation differ

Ontario’s Employment Standards Act (ESA) prohibits employers from taking specified reprisals against employees who exercise or plan to exercise their ESA leave rights. Our question concerns pressure to resign during care leave. However, the actual type of leave you are on and the employer’s stated reason for the request matter. A suggested resignation form is not the same as a clear dismissal decision, and labelling your absence as “personal” does not alone determine whether statutory protection applies. The law protects against reprisals, but it does not automatically make every resignation request unlawful.

Preserve the request accurately

Keep the approved leave documentation, any relevant notice, the employer’s message, the proposed resignation form, and meeting notes. Record who asked you to resign, when, the stated reason, and any deadline. Distinguish your own wish to leave from a document the employer drafted. Store necessary medical evidence securely and keep the employment conversation separate from your relative’s detailed health record. This separation protects your privacy and ensures you can show the employer’s role in the request.

Ask for the current decision

Request confirmation from your employer about whether your employment continues, the current status of your leave, and the basis for any proposed end. Ask which pay and benefits are affected and whether a return date is still expected. Keep the response in writing. Avoid signing a resignation form merely to obtain a verbal promise that another issue will be resolved, without understanding the written terms and their effect on your position. A verbal promise is not a substitute for clear written terms.

Get advice before choosing a form

Take your leave records and the proposed wording to a qualified Ontario employment lawyer for prompt advice on reprisal protections, contract rights, and any relevant human-rights issues. External deadlines may run while HR discusses options, so do not delay seeking advice. This guide does not tell you to resign or guarantee a remedy, and it does not treat every request for a return plan as unlawful pressure. A lawyer can assess whether the request constitutes reprisal and what options you have.

Illustrative scenario: how to apply this

Hypothetical illustration: an employee on a care leave receives a resignation form drafted by the employer with a proposed signing date, but has not chosen to leave. The employee keeps the form and message, then asks in writing whether employment and leave continue, what decision has been made and why the form is requested. Before signing, the employee brings the actual leave record and wording for advice. This distinguishes a request from a decision and does not declare the employer’s motive or a legal result.

Next steps if unresolved

If the pressure or uncertainty continues, keep a timeline linking the leave request, employer messages, proposed form and any pay or benefit change. Seek timely advice on the applicable Ontario reprisal, contract or human-rights process, and check its filing requirements and deadlines. Preserve only documents you can lawfully hold, with medical details kept securely. A return-plan question, resignation proposal and dismissal can be different events; state which actually occurred.

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