Subscribe to our newsletters
Family Caregiver Leave in Ontario: Eligibility, Duration, and Your Rights
Family caregiver leave is an unpaid, job-protected leave under Ontario's Employment Standards Act, 2000 that allows eligible employees to take time off to care for a family member with a serious medical condition. Unlike family medical leave and compassionate care leave, which require a significant risk of death within 26 weeks, family caregiver leave applies to serious medical conditions more broadly. It is available from your first day on the job with no minimum length of service required.
Did your employer refuse family caregiver leave or penalize you for requesting it?
Family caregiver leave is a protected statutory right under the Employment Standards Act, 2000. Employers cannot refuse it or retaliate against employees who take it. Get advice before making any decisions about your employment.
Call: 1-800-771-7882 Speak With an Employment LawyerFamily caregiver leave at a glance
Who qualifies as a family member?
The ESA takes a broad view of family for caregiver leave purposes.
How long is family caregiver leave?
Employees may take up to 8 weeks per calendar year for each qualifying family member. If you are caring for more than one family member with a serious medical condition, you may take up to 8 weeks per member. Importantly, if multiple employees are supporting the same family member, each employee is individually entitled to 8 weeks — the pool is not shared the way it is under family medical leave.
The leave may be taken all at once, in separate periods of full weeks, or in part days where the employer agrees.
How family caregiver leave compares to related leaves
| Feature | Family caregiver leave | Family medical leave | Compassionate care leave |
|---|---|---|---|
| Duration | Up to 8 weeks/year per family member | Up to 28 weeks in 52 weeks (shared) | Up to 28 weeks in 52 weeks |
| Minimum service | None | None | None (but EI requires 600 hours) |
| Medical threshold | Serious medical condition | Serious condition + risk of death in 26 weeks | Serious condition + risk of death in 26 weeks |
| EI benefits | Not available | Not available | Available through Service Canada |
| Shared pool | No — each caregiver gets 8 weeks | Yes — shared among caregivers | Yes — shared among caregivers |
Was your family caregiver leave denied or was your job not protected?
Refusing this leave or penalizing an employee for taking it may give rise to a Ministry of Labour complaint or wrongful dismissal claim. Get advice before acting.
Get Legal Advice Or call us: 1-800-771-7882How to request family caregiver leave
Obtain a medical certificate
A qualified health practitioner must confirm that the family member has a serious medical condition. The certificate does not need to disclose the specific diagnosis, only that the condition is serious and that care or support is required.
Notify your employer in writing
Give your employer written notice as soon as reasonably possible. Include the reason for the leave and the expected start and end dates if known. Your employer may request a copy of the medical certificate but cannot require full medical records.
Keep records of all communications
Save copies of all correspondence related to your leave request. If a dispute arises, documentation of what was communicated and when is critical to protecting your position.
Frequently asked questions about family caregiver leave in Ontario
What is family caregiver leave in Ontario?
Family caregiver leave is an unpaid, job-protected leave under the Employment Standards Act, 2000 that allows eligible employees to take up to 8 weeks per calendar year per qualifying family member to care for someone with a serious medical condition. There is no minimum length of service required and the leave is available from the first day of employment.
How is family caregiver leave different from family medical leave?
The main difference is the medical threshold and duration. Family caregiver leave applies to any serious medical condition and allows up to 8 weeks per family member per year without a shared pool. Family medical leave requires a significant risk of death within 26 weeks and allows up to 28 weeks in a 52-week period, but that pool is shared among all caregivers for the same family member.
Is family caregiver leave paid in Ontario?
No. Family caregiver leave is unpaid under the ESA. Unlike compassionate care leave, there are no corresponding federal EI benefits available for this leave type. Employees should review their employment contract and workplace benefit plan to determine whether any contractual paid leave applies.
Can my employer deny family caregiver leave?
No. Where the employee provides written notice and the required medical certificate confirming a serious medical condition, the employer must grant the leave. Refusing the leave, disciplining the employee for requesting it, or terminating employment in connection with the leave is a reprisal under the ESA and may give rise to a Ministry of Labour complaint or wrongful dismissal claim.
Can I take family caregiver leave for more than one family member?
Yes. You are entitled to up to 8 weeks per calendar year for each qualifying family member with a serious medical condition. Unlike family medical leave, the entitlement is not shared among multiple caregivers — each eligible employee gets their own 8 weeks per family member.
Questions about family caregiver leave in Ontario?
If your leave was denied, you were not reinstated on return, or you were penalized for requesting leave, 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.