Compassionate leave is job-protected time off to care for or support a family member who has a serious medical condition with a significant risk of death within 26 weeks.
In Ontario, “compassionate leave” is actually called Family Medical Leave under the Employment Standards Act, 2000 (ESA). It allows you to:
- Provide direct care to your family member
- Offer emotional or psychological support
- Arrange for third-party care
- Attend medical appointments
- Be present during end-of-life care
How Long Is Compassionate Leave?
You can take up to 28 weeks of leave within a 52-week period.
Key details:
- The 28 weeks don’t have to be taken all at once
- You can take it in separate periods (e.g., 10 weeks now, 18 weeks later)
- Multiple family members can share the 28 weeks for the same ill person
- The leave ends when the 52-week period expires or the family member passes away
Is Compassionate Leave Paid in Ontario?
No, it’s unpaid under the Employment Standards Act.
However, you may qualify for Employment Insurance (EI) Compassionate Care Benefits, which provide:
- Up to 26 weeks of EI benefits
- 55% of your average weekly earnings
- Maximum weekly amount set by Service Canada (currently around $668/week)
To Qualify for EI Benefits:
You must:
- Have accumulated at least 600 hours of insurable employment in the last 52 weeks
- Submit a completed medical certificate
- Apply through Service Canada
Note: Up to 6 family members can share the 26 weeks of EI benefits, allowing families to coordinate caregiving.
Who Qualifies for Compassionate Leave in Ontario?
Employee Eligibility
All employees covered by the ESA are eligible, including:
- Full-time employees
- Part-time employees
- Permanent employees
- Contract or term employees
No minimum employment period required – You can take compassionate leave even if you just started working.
Family Members Covered
You can take leave to care for:
Immediate Family:
- Your spouse (married or common-law)
- Your parent, step-parent, or foster parent
- Your child, step-child, or foster child
- Your spouse’s parent or child
Extended Family:
- Grandparent or step-grandparent (yours or your spouse’s)
- Grandchild or step-grandchild (yours or your spouse’s)
- Brother, sister, step-sibling (yours or your spouse’s)
- Spouse of your child
Other Dependents:
- Any relative who depends on you for care or assistance
- A person you consider to be like a family member (with proper documentation)
The family member doesn’t have to live in Ontario or even in Canada.
What Medical Condition Qualifies?
The family member must have:
- A serious medical condition, AND
- A significant risk of death within 26 weeks (approximately 6 months)
A qualified health practitioner (doctor or nurse practitioner) must certify this condition with a medical certificate.
Here you can know about Bereavement Leave, Medical Leave, Stress Leave, Women’s Maternity Leave and Paternity Leave
How to Take Compassionate Leave
Step 1: Notify Your Employer
Give your employer written notice as soon as possible, including:
- The reason for the leave
- The intended length of leave
If circumstances change and you need more time, provide updated notice.
Step 2: Provide a Medical Certificate
Your employer can request a medical certificate from a qualified health practitioner stating:
- The family member has a serious medical condition
- There’s a significant risk of death within 26 weeks
- The patient requires care or support
You’re responsible for obtaining and paying for this certificate.
Step 3: Apply for EI Benefits (Optional)
If you want financial support, apply for EI Compassionate Care Benefits through Service Canada:
- Visit servicecanada.gc.ca
- Call 1-800-206-7218
- Visit a Service Canada Centre
Your Job Is Protected
While you’re on compassionate leave:
Your employer MUST:
- Hold your job or provide a comparable position when you return
- Continue your employment benefits (if you pay your share)
- Maintain your seniority and pension contributions
Your employer CANNOT:
- Fire you for taking or planning to take compassionate leave
- Penalize, threaten, or intimidate you
- Reduce your wages or benefits because you took leave
- Count the leave against you in promotion or training decisions
Returning to Work
When you’re ready to return:
- Give your employer reasonable written notice
- You must be reinstated to your same position with the same wages and benefits
- If your position no longer exists, you get a comparable job
Other Types of Leave for Family Care
Ontario offers other leaves that may better fit your situation:
| Leave Type | Duration | When to Use |
|---|---|---|
| Family Medical Leave | Up to 28 weeks | Family member at significant risk of death within 26 weeks |
| Family Caregiver Leave | Up to 28 weeks | Family member has serious medical condition (no imminent death risk) |
| Critical Illness Leave (Child) | Up to 37 weeks | Caring for critically ill child under 18 |
| Critical Illness Leave (Adult) | Up to 17 weeks | Caring for critically ill adult family member |
Talk to your employer or an employment lawyer to determine which leave applies to your situation.
Federal Employees: Different Rules
If you work for a federally regulated employer (banks, airlines, telecommunications, railways, broadcasting), you’re covered by the Canada Labour Code instead of the ESA.
Federal employees get:
- Up to 28 weeks of compassionate care leave
- Same eligibility requirements
- Must provide 2 weeks written notice when possible
- Same job protection rights
Apply for federal EI benefits the same way as provincial employees.
Bottom Line
In Ontario, you have the right to take up to 28 weeks of unpaid, job-protected leave to care for a critically ill family member who’s at risk of dying within 26 weeks. While the leave is unpaid, you may qualify for EI benefits that replace 55% of your income.
Your employer cannot fire you, penalize you, or deny you this leave if you’re eligible. If they do, contact the Ministry of Labour or an employment lawyer immediately.
