Domestic or sexual violence leave

A buyer meets this leave in the employment records of an Ontario business, where it can sit beside other protected leaves. Entitlements are sensitive, so ask for the facts that matter to the sale, not the details of an employee’s circumstances. See what happens to an employee on leave when the business is sold.

How Ontario’s rule works

Section 49.7 sets out the leave and the purposes it may be taken for, and the Act refers to “domestic or sexual violence leave pay”, meaning pay for any paid days of leave taken under that section. The Ontario guide says an employee must have been employed for a minimum period and is not entitled if the employee committed the violence. Section 15(7) of the Act requires an employer to retain, or arrange for some other person to retain, the notices, certificates, correspondence and other documents that relate to these leaves.

What to check or ask

• Whether any employee is on the leave at closing, handled with care for privacy.
• How paid and unpaid days were recorded.
• Where the retained documents are kept, and who will hold them after closing.

The federal Canada Labour Code has its own provision, section 206.7, headed “Leave for Victims of Family Violence”. This entry covers Ontario; check the rules where you are.