Family Medical Leave in Ontario

Family medical leave in Ontario gives employees the right to take unpaid, job-protected time off to care for a seriously ill family member. This leave is available under the Employment Standards Act, 2000 (ESA) and is separate from, but often confused with, compassionate care leave, which is connected to the federal EI program.

This article explains who qualifies, what documentation is required, how long the leave can last, and how it differs from other types of family-related leaves in Ontario.

What Is Family Medical Leave?

Family medical leave is a job-protected leave that allows employees in Ontario to take up to 28 weeks off in a 52-week period to provide care or support to certain family members who have a serious medical condition with a significant risk of death within 26 weeks.

Unlike compassionate care leave, which may trigger EI benefits through the federal government, family medical leave is a provincial job protection. However, both types of leave can often be taken at the same time.

Who Is Eligible for Family Medical Leave?

To qualify for family medical leave under the ESA:

• The employee must be covered by the ESA
• A qualified health practitioner must issue a certificate confirming that the family member has a serious medical condition with a significant risk of death within 26 weeks
• The employee must be providing care or support to that family member

There is no minimum length of service required to qualify for this leave.

Who Counts as a Family Member?

Eligible family members include:

• Spouse or common-law partner
• Parent or step-parent
• Child, step-child, or foster child
• Grandparent or step-grandparent
• Sibling
• Uncle, aunt, niece, or nephew
• A person the employee considers “like a close relative”

This broad definition ensures flexibility for diverse caregiving arrangements.

How Long Is the Leave?

Employees can take up to 28 weeks of family medical leave in a 52-week period. If multiple employees are caring for the same family member, they must share the 28 weeks.

Employees can take the leave all at once or in separate periods (minimum one week at a time).

How Is This Different from Compassionate Care Leave?

While family medical leave and compassionate care leave often apply to the same situations, there are key differences:

If you qualify, you can take both leaves at the same time and apply for EI benefits under compassionate care.

Employer Obligations

Employers must:

• Grant the leave if the eligibility criteria are met
• Protect the employee’s job during their leave
• Continue benefit contributions (if applicable and the employee continues paying their share)
• Refrain from penalizing the employee for taking leave

Failure to comply may lead to ESA complaints or legal action.

Written Notice and Medical Documentation

Employees should provide written notice of their intention to take the leave as soon as possible. While employers are entitled to see the medical certificate, they are not entitled to full medical records.

Employers must handle this information confidentially.

When Legal Help Can Help

Sometimes disputes arise when:

• An employer denies the leave
• The medical certificate is contested
• The employee is not reinstated to their original or comparable position
• There are overlapping leave entitlements (e.g., sick leave or critical illness leave)

In these cases, an employment lawyer can help assess your rights and assist with documentation, negotiations, or legal complaints.

Speak With an Employment Lawyer

Whether you’re an employee trying to care for a seriously ill family member or an employer trying to ensure compliance with Ontario’s leave laws, Achkar Law can help.

Call us at 1-800-771-7882 or email [email protected] to schedule a confidential consultation with one of our employment lawyers in Ontario.