Compassionate Care Leave Policy (General)

written by Tina Tsonis | April 17, 2024

Caring for an elderly parent care or other close family member who’s on the verge of death is an emotionally harrowing experience; less than a decade ago, employees who missed work time to meet this obligation also risked losing their jobs. Today, the right to take unpaid compassionate care leave is a fixture of employment standards laws in all parts of Canada (although Ontario and Québec don’t use that term). So, it’s important to implement a written policy on compassionate care leave. Here’s a template you can adapt, depending on the laws of your own jurisdiction.

  1. POLICY

Employees of ABC Company are eligible for unpaid compassionate care leave in accordance with the employment standards law of [province] and the terms of this Policy.

  1. DEFINITIONS

For purposes of this policy:

“Family member” means [insert the definition of compassionate care leave-eligible family members listed in the employment standards act or regulations of your jurisdiction];

“Qualified health practitioner” means [insert the person(s) listed in the employment standards act of your jurisdiction as being qualified to provide certification that an employee’s family member has a serious medical condition involving significant risk of death within 26 weeks].

  1. ENTITLEMENT TO LEAVE

An employee is entitled to an unpaid leave of absence to provide care or support to a family member if the employee provides written certification from a qualified health practitioner indicating that the family member has a serious medical condition and is at significant risk of death within 26 weeks, and

(Option A: AB, MB, Nova Scotia): The employee has been employed continuously by ABC Company for at least three (3) months.

(Option B: Alberta, Manitoba): The employee has been employed continuously by ABC Company for at least ninety (90) days.

(Option C: Newfoundland): The employee has been employed continuously by ABC Company for at least thirty (30) days.

(Option D: Saskatchewan): The employee has been employed continuously by ABC Company for at least thirteen (13) weeks.

(Option E: All other jurisdictions): Don’t insert any language about minimum employment time.

  1. DURATION OF LEAVE

Option A: (FED, NB, NL, NS, NT, ON, PEI, SK, YK): Unpaid leave taken in accordance with Section 3 above may last up to 28 weeks or the date the family member dies, whichever occurs first.

Option B: (AB, BC, NT): Unpaid leave taken in accordance with Section 3 above may last up to 27 weeks or the date the family member dies, whichever occurs first.

Option C: (NU): Unpaid leave taken in accordance with Section 3 above may last up to 8 weeks or the date the family member dies, whichever occurs first.

Option D: (QC): Unpaid leave taken in accordance with Section 3 above may last as long as whichever of the following comes first: (i) expiry the applicable duration for the type of family leave taken in accordance with Sections 79.7, 79.8 or 79.8.1 of the Labour Standards Act, as the case may be; or (ii) the family member dies.

In all cases: The above specified leave duration is the applicable total maximum leave where two (2) or more ABC Company employees want to care for the same family member; in other words, the total weeks allotment must be shared by those employees.

  1. WHEN LEAVE MAY BE TAKEN

Leave must be taken in periods of at least 1 week: (a) starting on (i) the first day of the week in which the medical certificate is issued, or (ii) if leave begins before the certificate is issued, the first day of the week in which the employee was absent; and (b) ending on: the last day of the week in which either of the following happens first: (i)  the family member dies, or (ii) the expiration of the [insert number from Section 4 above] weeks following the first day of the week in which the certificate was issued.

  1. NOTIFICATION OF LEAVE

Employees must notify their manager or supervisor as soon as possible before taking leave under this Policy, with said notice listing the expected start and end date of leave. Where it is not reasonably practicable to provide advance notice, employees must advise their manager or supervisor as soon as possible after leave begins. Once leave begins, employees must notify their manager or supervisor as soon as possible of any changes to their expected date of return.

  1. VERIFICATION OF NEED TO TAKE LEAVE

Employees taking compassionate care leave must provide ABC Company a copy of the medical certification mentioned in Section 3 above:

Option A: (FED, AB, BC, MB, NS, NT, ON, QC): as soon as possible;

Option B (NB, NL, NU, PEI, YK): within 15 days of returning from leave.

  1. VERIFICATION OF NEED TO TAKE LEAVE

Employees taking compassionate care leave will be entitled to continue participating in ABC Company benefits plans to the extent required under [province] employment standards law.

  1. DUTY TO COOPERATE & COMMUNICATE

Employees must provide an estimated date of their expected return date and remain in communication with their supervisor or manager while they are on leave to ensure that arrangements can be made for their return.

  1. REINSTATEMENT

Employees must provide at least 48 hours’ notice to their manager or supervisor if they wish to return from the leave earlier than the expected return date.  Employees shall return to the position held prior to commencing the leave and be entitled to the same pay and benefits they received before commencing the leave. (Add if you’re in BC or NT), plus any increases in wages and benefits to which the employees would have been entitled had they not been on leave.

  1. NON-RETALIATION

ABC Company will not discharge, threaten, penalize or in any other manner discriminate or retaliate against any employee for exercising their rights under this Policy, including but not limited to requesting, taking or asking about compassionate care leave.