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Compassionate Care Leave in Ontario: Eligibility, Duration, Pay, and Your Rights
Compassionate care leave is a job-protected leave under Ontario's Employment Standards Act, 2000 that allows eligible employees to take time off to care for a critically ill or dying family member. It applies where a loved one has a serious medical condition with a significant risk of death within 26 weeks. The leave is unpaid under the ESA, but employees may qualify for Employment Insurance compassionate care benefits through the federal government.
Were you denied compassionate care leave or penalized for taking it?
Compassionate care leave is job-protected under the Employment Standards Act, 2000. Employers cannot refuse the leave or retaliate against employees who take it. Get legal advice before making any decisions about your employment.
Call: 1-800-771-7882 Speak With an Employment LawyerCompassionate care leave at a glance
What is compassionate care leave?
Compassionate care leave allows eligible employees to take up to 28 weeks off within a 52-week period to provide care or support to a family member who is seriously ill and at significant risk of dying within six months. The leave is unpaid under the ESA, but employees who have accumulated at least 600 hours of insurable employment in the previous 52 weeks may apply to Service Canada for EI compassionate care benefits, which provide income replacement at approximately 55 percent of average weekly insurable earnings up to the federal maximum.
Up to six people can share the 28 weeks of EI benefits, allowing families to coordinate caregiving responsibilities between multiple family members.
Who qualifies as a family member?
The definition of family member under both the ESA and the EI program is broad. It includes a spouse or common-law partner, children, parents, and siblings, grandparents and grandchildren, in-laws, aunts, uncles, nieces, and nephews, and any person the employee considers to be like a family member. The breadth of this definition means that most close relationships will qualify.
Employee rights and employer obligations
Your rights as an employee
- Take up to 28 unpaid, job-protected weeks of leave within a 52-week period
- Return to the same position or a comparable one at the end of the leave
- Maintain group benefits during the leave where the employer offers them and you continue to pay your share
- Receive EI compassionate care benefits if you meet the federal eligibility requirements
Employer obligations
- Accept written requests for leave with reasonable notice
- Not penalize, discipline, or terminate an employee for taking or requesting this leave
- Not require more information than what is necessary under the ESA
- Reinstate the employee to the same or a comparable role on return
Was your leave denied or did your employer fail to reinstate you on return?
If your employer refused compassionate care leave, retaliated against you for taking it, or failed to reinstate you, you may have grounds for a Ministry of Labour complaint or wrongful dismissal claim. Get advice before acting.
Get Legal Advice Or call us: 1-800-771-7882How compassionate care leave differs from related leaves
Compassionate care leave is sometimes confused with other ESA leaves that cover similar circumstances. The key distinction is the significant risk of death within 26 weeks, which is specific to compassionate care leave and not required for other caregiving leaves.
Frequently asked questions about compassionate care leave in Ontario
What is compassionate care leave in Ontario?
Compassionate care leave is a job-protected leave under the Employment Standards Act, 2000 that allows eligible employees to take up to 28 weeks off within a 52-week period to care for a family member who is seriously ill and at significant risk of dying within 26 weeks. The leave is unpaid under the ESA, but EI compassionate care benefits may be available through the federal government.
How long is compassionate care leave in Ontario?
Eligible employees may take up to 28 weeks of job-protected compassionate care leave within any 52-week period. The leave may be taken in separate periods, and up to six people may share the corresponding EI benefits to coordinate caregiving among family members.
Is compassionate care leave paid in Ontario?
The leave is unpaid under the ESA. However, employees who have accumulated at least 600 hours of insurable employment in the previous 52 weeks may qualify for EI compassionate care benefits through Service Canada, which provide income replacement at approximately 55 percent of average weekly insurable earnings.
What medical documentation is required for compassionate care leave?
A medical certificate from a qualified health practitioner is required. The certificate must confirm the family member's serious medical condition and the significant risk of death within 26 weeks. Your employer cannot require more detailed medical information than what the ESA specifies as necessary to confirm entitlement.
Can my employer refuse or deny compassionate care leave?
No. Where the employee meets the eligibility requirements and provides proper notice and documentation, the employer must grant the leave. Refusing the leave, disciplining the employee for requesting it, or terminating employment in connection with the leave may constitute a reprisal under the ESA and could give rise to a Ministry of Labour complaint or wrongful dismissal claim.
Questions about compassionate care leave in Ontario?
If you are unsure whether you qualify, your leave was denied, or your employer failed to reinstate you on return, our team can help. We advise employees across Ontario on Ministry of Labour complaints and protected leave disputes. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
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. ©