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Family Medical Leave in Ontario: Who Qualifies, How Long It Lasts, and How It Differs from Compassionate Care Leave
Family medical leave in Ontario gives employees the right to take unpaid, job-protected time off to care for a seriously ill family member. It is available under the Employment Standards Act, 2000 and is separate from, but often confused with, compassionate care leave. Understanding the distinction matters because the two leaves have different eligibility rules, income support options, and processes.
Was your family medical leave denied or was your job not protected while you were away?
Family medical leave is a 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 medical leave at a glance
What is family medical leave?
Family medical leave allows employees covered by the ESA to take up to 28 weeks off in a 52-week period to provide care or support to a family member who has a serious medical condition with a significant risk of death within 26 weeks. There is no minimum length of service required to qualify. The leave may be taken all at once or in separate periods of at least one week at a time. Where multiple employees are caring for the same family member, they must share the 28-week pool.
Who qualifies as a family member?
How family medical leave differs from compassionate care leave
Family medical leave and compassionate care leave often apply to the same situations and can be taken at the same time. The key practical difference is that compassionate care leave can trigger EI compassionate care benefits through the federal government, while family medical leave is a provincial job protection only. Taking both simultaneously allows you to have job protection under the ESA and income support through EI at the same time.
| Feature | Family medical leave | Compassionate care leave |
|---|---|---|
| Governing law | Employment Standards Act, 2000 | ESA plus federal EI program |
| Income support | No — unpaid only | EI compassionate care benefits may apply |
| Duration | Up to 28 weeks in 52-week period | Up to 26 weeks of EI benefits in 52-week period |
| Medical certificate | Required for ESA leave | Required for both ESA and EI application |
| Can be taken together | Yes — both can run simultaneously | |
Employer obligations during family medical leave
Was your leave denied, or did your employer fail to reinstate you?
Failing to grant family medical leave or retaliating against an employee for taking it may give rise to a Ministry of Labour complaint or wrongful dismissal claim. Get legal advice before acting.
Get Legal Advice Or call us: 1-800-771-7882Notice and medical documentation requirements
Employees should provide written notice of their intention to take family medical leave as soon as reasonably possible. A medical certificate from a qualified health practitioner confirming the family member's serious condition and the significant risk of death within 26 weeks is required. Your employer is entitled to see the certificate but is not entitled to full medical records. All medical information must be handled confidentially.
Frequently asked questions about family medical leave in Ontario
What is family medical leave in Ontario?
Family medical leave is a job-protected, unpaid leave under the Employment Standards Act, 2000 that allows eligible employees to take up to 28 weeks off in a 52-week period to care for a family member with a serious medical condition and a significant risk of death within 26 weeks. There is no minimum length of service required to qualify.
How long is family medical leave in Ontario?
Eligible employees may take up to 28 weeks of family medical leave within any 52-week period. The leave can be taken all at once or in separate periods of at least one week at a time. Where multiple employees are caring for the same family member, the 28 weeks is shared among them.
Is family medical leave paid in Ontario?
Family medical leave is unpaid under the ESA. However, employees who also qualify for compassionate care leave may be eligible for EI compassionate care benefits through the federal government, which provide income replacement at approximately 55 percent of average weekly insurable earnings. Both leaves can run simultaneously.
What is the difference between family medical leave and compassionate care leave?
Family medical leave is a provincial job protection under the ESA only — it is unpaid and provides no income support. Compassionate care leave can trigger federal EI compassionate care benefits. Both leaves apply in similar circumstances and can be taken at the same time, allowing you to access job protection and income support simultaneously.
Can my employer deny family medical leave?
No. Where the eligibility requirements are met and the required medical certificate is provided, 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 give rise to a Ministry of Labour complaint or wrongful dismissal claim.
Questions about family medical leave in Ontario?
If your leave was denied, your employer contested the medical certificate, or you were not reinstated 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.