Compassionate Care Leave in Ontario Explained
Compassionate care leave is a protected job leave under Ontario’s Employment Standards Act, 2000 (ESA) that allows eligible employees to take time off work to care for a critically ill or dying family member. This type of leave is especially important when a loved one has a serious medical condition with a significant risk of death within 26 weeks.
While the ESA provides the right to take leave, financial support is administered separately through the federal Employment Insurance (EI) program, which provides temporary income replacement for eligible employees.
What Is Compassionate Care Leave?
Compassionate care leave allows eligible employees in Ontario to take up to 28 weeks off within a 52-week period to care for a family member who is seriously ill and at risk of dying within six months.
The leave is unpaid, but employees may be eligible to receive EI Compassionate Care Benefits, which provide up to 55% of their average weekly insurable earnings, up to a maximum set by Service Canada.
To qualify, the employee must:
- Have been employed for at least 3 consecutive months with the same employer
- Provide a medical certificate from a qualified health practitioner confirming the family member’s condition and risk of death within 26 weeks
- Be providing care or support to a seriously ill family member
Who Qualifies as a Family Member?
The definition of “family member” under both the ESA and the EI program is broad and includes:
- Spouse or common-law partner
- Children, parents, and siblings
- Grandparents and grandchildren
- In-laws, aunts, uncles, nieces, nephews
Any person the employee considers “like a family member”
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Compassionate care leave involves sensitive legal and personal considerations for both employers managing operations and employees supporting loved ones. Before making a decision, speak to a lawyer to ensure your rights and obligations are fully protected.”
How Does the EI Program Work?
Compassionate care leave is job-protected under Ontario law, but EI benefits are provided through the federal government.
To receive benefits, employees must apply to Service Canada and:
- Accumulate at least 600 hours of insurable employment in the last 52 weeks
- Submit a completed medical certificate with the application
Up to six people can share the 28 weeks of EI benefits, allowing families to coordinate caregiving responsibilities.
Employee Rights and Employer Obligations
Employees Have the Right To:
- Take up to 28 unpaid, job-protected weeks of leave
- Return to the same or a comparable job at the end of the leave
- Maintain their group benefits if the employer offers them, and the employee continues to pay their share
Employers Must:
- Accept the employee’s written request for leave (with reasonable notice)
- Not penalize or terminate an employee for taking or requesting this leave
- Refrain from requiring more information than what’s needed under the ESA (such as a medical certificate)
What If an Employer Refuses or Disputes the Leave?
If an employer denies the leave, fails to reinstate the employee, or terminates employment in connection with the leave, the employee may have grounds for a legal complaint or wrongful dismissal claim.
Consulting an employment lawyer early can help both parties understand their rights and responsibilities and avoid costly mistakes.
Related Leaves to Be Aware Of
Compassionate care leave is distinct from other leaves, such as:
- Family Medical Leave: Similar eligibility, also job-protected, but administered under the ESA only (no EI support)
- Family Caregiver Leave: For serious medical conditions not involving risk of death
- Critical Illness Leave: For caring for a critically ill child or adult; EI benefits may apply
Employees may qualify for different leaves depending on their medical condition and family relationship. When in doubt, legal advice can help clarify eligibility.
How We Can Help
Whether you are an employee unsure if you qualify or an employer managing a leave request, Achkar Law can assist. Our employment lawyers can:
- Review documentation and eligibility
- Help apply for or respond to leave requests
- Guide if there’s a denial, dispute, or compliance concern
Phone Toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
Workplace Law Topics
Employees: Human Rights, Workplace Accommodations, Employment Dispute and Litigation, Ministry of Labour Complaint
Employers: Employment Law, Employment and Labour Compliance, Employment Policies and Procedures, Responding to Ministry of Labour Complaints, Workplace Investigations, Employment Litigation