Compassionate Care Leave Rights Across Canada

Compassionate care eligibility, notification, verification and reinstatement rules in each jurisdiction.

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). But leave rules vary by jurisdiction with regard to:

Entitlement;
Eligibility;
Leave duration;
Notification;
Verification; and
Reinstatement.

Here’s a look at the requirements in each jurisdiction.

Compassionate Care Leave Rights Across Canada

FEDERAL (Canada Labour Code)

Entitlement: Up to 28 weeks (which is also an aggregate limit covering 2 or more employees caring for the same family member) to care or support a family member (Sec. 206.3(2))

When Leave May Be Taken: During period that: (i) starts with first day of the week in which certificate is issued, or if leave has already begun, the first day of the week it began and (ii) ends on the last day of the week that occurs 52 weeks later or that the family member dies, whichever comes first; may be taken in consecutive or separate periods of at least 1 week (Sec. 206(3))

Notice of Leave: Employee must give employer written notice: (a) As soon as possible of reasons for and length of leave; (b) As soon as possible of any change in the length of the leave; and (c) At least 4 weeks in advance where the change in leave is over 4 weeks, unless there’s a valid reason why 4 weeks’ notice can’t be provided (Sec. 207(3))

Verification: Employee must provide employer health care practitioner certification stating that the family member has a serious medical condition with a significant risk of death within 26 weeks (Sec. 206.3(2))

Return to Work/Accrual Rights: Employer must: (a) Reinstate employee to same or equivalent position, including any increases in wages and benefits resulting from a reorganization that employee would have gotten had he/she not been on leave; (b) If employee requests in writing, notify the employee of every promotion or training opportunity for which the employee would qualify opens up during leave; (c) Allow employee to continue accruing pension, health and disability benefits and seniority; (d) Maintain contributions necessary to allow employee to accrue such benefits unless employee gives notice of intention to discontinue such contributions (Secs. 209, 209.1, 209.2)

ALBERTA (Employment Standards Code)

Entitlement: Up to 27 weeks to care or support a seriously ill family member if employee employed by same employer for at least 90 days; only 1 employee at a time can use the leave to care for the same family member (Secs. 53.9(2) and (3))

When Leave May Be Taken: Leave may be taken in consecutive or separate periods of at least 1 week each, and ending on whichever happens earliest: (i) the last day of the work week in which the family member dies; (b) the 27 weeks of compassionate care leave ends; (iii) the last day of the work week in which the employee stops providing care or support to the seriously ill family member (Secs. 53.9(8) and (9))

Notice of Leave: Employee must: (a) Give employer at least 2 weeks’ written notice, listing the estimated date of return or as soon as “reasonable and practicable in the circumstances” where a shorter notice period is necessary; (b) Inform the employer of any change in the estimated return date; and (c) Give at least 1 week’s notice of return, and 2 weeks’ notice of desire to terminate the employment (Secs. 53.9(6) and (7), 53.92)

Verification: Employee must, before starting leave, or as soon as reasonable and practicable after leave begins, give employer a medical certificate stating that the named family member: (i) has a serious medical condition with a significant risk of death within 26 weeks; and (ii) requires the care or support of one or more family members (Sec. 53.9(4))

Return to Work/Accrual Rights: Employer must reinstate employee to same or alternative position providing comparable work and at least equivalent wages and benefits (Sec. 53.93)

Family Responsibility Leave: In addition to compassionate care leave, employees employed by the same employer for at least 90 days are entitled to up to 5 days of unpaid family responsibility leave (Sec. 53.982)

BRITISH COLUMBIA (Employment Standards Act)

Entitlement: Up to 27 weeks to care or support a seriously ill family member (Sec. 52.1(2))

When Leave May Be Taken: (a) Leave may be taken in consecutive or separate periods of at least 1 week each, and ending in 27 weeks or the family member dies, whichever happens first; and (b) if family member doesn’t die after the 27 weeks ends, employee can apply for another compassionate care leave (Secs. 52.1(5) to (7))

Notice of Leave: Employee must give employer below medical certification “as soon as practicable” (Sec. 52.1(3))

Verification: Employee must, as soon as practicable, give employer certification from a medical practitioner or nurse practitioner stating that the family member has a serious medical condition with a significant risk of death within 26 weeks (Sec. 52.1(2))

Return to Work/Accrual Rights: (a) Employer must reinstate employee to same or comparable position; (b) Employment deemed to be continuous for purposes of calculating annual vacation entitlement, termination notice and any pension, medical or other plan beneficial to the employee; (c) Employer must continue making contributions to pension, medical and other benefit plans if: (i) if the employer pays the total cost of the plan; or (ii) if both the employer and the employee pay the plan cost and employee chooses to continue to pay his/her share of the cost; (d) Employee entitled to all increases in wages and benefits he/she would have been entitled to had the leave not been taken—except if employee takes longer than allowed leave without employer’s consent (Secs. 54 and 56)

Family Responsibility Leave: In addition to compassionate care leave, employees entitled to up to 5 days of unpaid family responsibility leave (Sec. 52)

MANITOBA (Employment Standards Code)

Entitlement: Up to 28 weeks for employees employed by same employer for at least 90 days to care or support a seriously ill family member (Sec. 59.2(2))

When Leave May Be Taken: (a) Leave may be taken in up to 2 periods totaling no more than 28 weeks, and ending no later than 52 weeks after the day the first leave period begins; and (b) Leave periods must be at least 1 week in duration (Secs. 59.2(6) and (7))

Notice of Leave: (a) Employee must give employer notice of at least one pay period, unless circumstances necessitate a shorter period; and (b) Unless sides agree otherwise, employee can end leave early by providing employer at least 48 hours’ notice of his/her expected return date (Secs. 59.2(4) and (8))

Return to Work/Accrual Rights: (a) Employer must reinstate employee to same or comparable position at no less than the pre-leave wages and benefits; and (b) Employment deemed to be continuous for purposes of calculating annual vacation entitlement (Sec. 60)

Family Responsibility Leave: In addition to compassionate care leave, employees employed by the same employer for at least 30 days entitled to up to 3 days of unpaid family responsibility leave (Sec. 59.3)

NEW BRUNSWICK (Employment Standards Act)

Entitlement: Up to 28 weeks to care or support a person with whom the employee has a close family relationship, if a qualified medical practitioner issues a certificate stating that the person has a serious medical condition with a significant risk of death within 28 weeks; 28 weeks is aggregate cap applying to 2 or more employees to care for the same person (Sec. 44.024(4))

When Leave May Be Taken: Leave may be taken in consecutive or separate periods of at least 1 week each, (a) starting on: (i) the first day of the week in which the certificate is issued, or (ii) if the leave has already started began before the certificate was issued, the first day of the week in which the leave began if the certificate is valid from any day in that week, and (b) ending on the last day of the week of whichever of the following happens first: (i) the person with whom the employee has a close family relationship dies; or (ii) the 28 weeks expire (Secs. 44.024(3) and (4))

Notice of Leave: Employee must give employer notice “as soon as possible” of anticipated start and return date (Sec. 44.024(7))

Verification: Certification from a qualified medical practitioner stating that the person with whom the employee has a close family relationship has a serious medical condition with a significant risk of death within 28 weeks; if employer requests, employee must give employer written copy of certification within 15 days after returning to work (Secs. 44.024(2) and (6))

Return to Work/Accrual Rights: Employer must reinstate employee to same or alternative position providing comparable work and at least equivalent wages and benefits; employment deemed continuous for purposes of seniority (Sec. 44.04)

Family Responsibility Leave: In addition to compassionate care leave, employees entitled to up to 3 days of unpaid family responsibility leave (Sec. 44.022)

NEWFOUNDLAND (Labour Standards Act)

Entitlement: Up to 28 weeks to care or support a seriously ill family member if employee employed by same employer for at least 30 days if medical practitioner or nurse practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks; 28 weeks is aggregate cap applying to 2 or more employees caring for same family member (Secs. 43.14(1) and (7))

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, if the leave began before the certificate was issued and the certificate was valid from any day in that week; 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 52 weeks following the first day of the week in which the certificate was issued (Sec. 43.14(2)); Employment standards director may decide that, in exceptional circumstances, give an employee up to 3 additional days of unpaid leave immediately following the end of the week in which the death of the family member occurred (Sec. 43.14(3))

Notice of Leave: Employee must give employer at least 2 weeks’ written notice: (a) before leave is to begin, unless there’s a valid reason why that notice can’t be given, listing the length of the leave; and (b) once leave begins, any changes to the length of the leave, unless there’s a valid why that notice can’t be given (Secs. 43.15(1) to (3))

Verification: If employer makes a written request within 15 days of employee’s return to work, employee must provide it a copy of the medical practitioner or nurse practitioner’s certificate (Secs. 43.15(4) and (5))

Return to Work/Accrual Rights: (a) Employer must reinstate employee on “terms and conditions that are not less beneficial than those that subsisted before the leave began”; and (b) Unless sides agree otherwise, leave time does not count toward accrual of vacation and other LSA benefits, but the period worked upon resumption of employment is deemed continuous for purposes of the LSA (Sec. 43.16)

NOVA SCOTIA (Labour Standards Code)

Entitlement: Up to 28 weeks to care or support a seriously ill family member if employee employed by same employer for at least 3 months if legally qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks; 28 weeks is aggregate cap applying to 2 or more employees caring for same family member (Sec. 60E(2))

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, if the leave began before the certificate was issued if the certificate is valid from any day in that week; 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 52 weeks following the first day of the week in which the certificate was issued (Sec. 60E(3))

Notice of Leave: Employee must notify employer “as soon as possible” of intention to take leave (Sec. 60E(9))

Verification: If employer makes a written request, employee must provide it a copy of the medical certificate (Sec. 60E(5))

Return to Work/Accrual Rights: Employer must reinstate employee to previous or comparable position at at least the same wages and benefits and with no loss of seniority or benefits (Sec. 58B(1))

ONTARIO: (Employment Standards Act)

Entitlement: Up to 28 weeks of family medical leave to care or support a family member if qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks; 28 weeks is aggregate cap applying to 2 or more employees caring for same family member (Secs. 49.1(2) and (6))

When Leave May Be Taken: Leave must be taken in periods of at least 1 week, starting on the date the 26-week death clock begins ticking and ending on either the family member’s death or the 52-week period ends, whichever happens first (Secs. 49.1(4) and (5))

Notice of Leave: Employee must notify employer in writing of his/her intent to take leave; if leave starts before notification, employee must notify employer in writing “as soon as possible” after it begins (Secs. 49.1(8) and (9))

Verification: If employer makes a written request, employee must provide it a copy of the medical certificate as soon as possible (Sec. 49.1(10))

Return to Work/Accrual Rights: (a) Employer must reinstate employee to previous or comparable position (Sec. 53(1)); (b) Employee continues to participate in benefit plans unless he/she elects in writing not to, and employer must continue contributions to those plans (Secs. 51(1) and (3)); (c) Leave time counts toward seniority and time of active employment, except if employment is probationary (Sec. 52)

Family Caregiver Leave: In addition to the above family medical leave, employees are entitled to unpaid leave of up to 8 weeks to provide care or support for a family member if a qualified health practitioner issues a certificate stating that the individual has a “serious medical condition” not threatening death (Sec. 49.3)

Family Responsibility Leave: In addition to family medical and family caregiver leave, employees employed by same employer for at least 2 consecutive weeks entitled to up to 3 days of unpaid family responsibility leave (Sec. 50.0.1)

PRINCE EDWARD ISLAND (Employment Standards Act)

Entitlement: Up to 28 weeks to care or support a seriously ill family member if employee employed by same employer for at least 3 months if employee provides copy of a certificate from a medical practitioner stating that the family member has a serious medical condition with a significant risk of death within 26 weeks; 28 weeks is aggregate cap applying to 2 or more employees caring for same family member (Secs. 22.3(2) and (7))

Notice of Leave: Employee must give employer, before or after taking leave, a copy of the medical certificate (Sec. 22.3(9))

Verification: If employer makes a written request, employee must provide it a copy of the medical certificate within 15 days after returning to work (Sec. 22.3(8))

Return to Work/Accrual Rights: (a) Employee retains seniority accrued up to start of leave and is deemed to have been continuously employed with same employer during leave (Secs. 23.2(2) and (3)); (b) Employer must give employee option of continuing in benefit plans and written notice of deadline to exercise option at least 10 days before that deadline (Sec. 23.2(3)); (c) If employee chooses, in writing, to maintain any benefit plan, he/she must enter into an arrangement with the employer to pay the cost required to maintain the benefit plan, including employer’s share (Sec. 23.2(5))

Family Leave: In addition to compassionate care leave, employees employed by an employer for a continuous period of 6 months or more get up to 3 days’ unpaid family leave (Sec. 22.1)

QUÉBEC (Labour standards, act respecting)

Entitlement: (a) Up to 16 weeks to care for family member or person for whom employee acts as caregiver with a serious illness or serious accident; (b) Up to 36 weeks if that person is a minor child; (c) Up to 104 weeks if there’s medical certification that the minor child has a serious and potentially mortal illness (Sec. 79.8); and (d) Up to 27 weeks if employee must stay with a relative, other than a minor child, or person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector and governed by the Professional Code (chapter C-26), because of a serious and potentially mortal illness, attested by a medical certificate (Secs. 79.8 and 79.8.1)

Notice of Leave: Employee must advise employer of absence as soon as possible and take the reasonable steps within his/her power to limit the leave and its duration (Sec. 79.7)

Verification: If employer makes a written request, employee must provide it a written document attesting to the reasons for the absence (Sec. 79.7)

Return to Work/Accrual Rights: (a) Employee must be reinstated to former or comparable position with same wages and benefits (Sec. 79.4); (b) Employee retains seniority and is deemed to have been continuously employed with same employer during leave (Sec. 79.4); (c) Employee must let employee continue to participate in and make contribution to his/her group insurance and pension plans (Sec. 79.3)

Other Family Leaves: In addition to above leaves, employee entitled to up to 10 days, first 2 days of which are paid, to fulfil obligations relating to care, health or education of his/her or spouse’s child or the health of a relative or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector and governed by the Professional Code (chapter C-26) (Sec. 79.7)

SASKATCHEWAN (Sask. Employment Act)

Entitlement: Up to 28 weeks for employees with at least 13 consecutive weeks’ service with employer to care or support family member with a serious medical condition with a significant risk of death within 26 weeks (Sec. 2-56(2))

When Leave May Be Taken: (a) Only 1 compassionate care leave per year; (b) Leave ends: (i) if the employee stops providing care for the family member; (ii) the 28-week period ends; or (iii) the family member dies (Secs. 2-56(3) and (4))

Notice of Leave: Employee must notify employer “as far as possible in advance” of intended start and/or return date (Sec. 2-46(3))

Verification: If employer demands, employee must provide a certificate from a duly qualified medical practitioner or nurse practitioner as to the reason for or the extension of the leave (Sec. 2-47(2))

Return to Work/Accrual Rights: (a) Employer must reinstate employee to previous or comparable position without any loss of accrued seniority or benefits or reduction in rate of pay (Secs. 2-48(4) and (5)); (b) Employee continues to accrue seniority, service for purposes of vacation accrual and right to recall while on leave or a combination of leaves for up to 78 weeks (Sec. 2-48(1)); (c) Employer must let employee continue to participate in and keeping paying benefits to his/her pension, medical, dental and other benefit plans (Sec. 2-48(2))

NORTHWEST TERRITORIES (Employment Standards Act)

Entitlement: Up to 27 weeks to care or support a family member suffering a serious medical condition with a significant risk of death within 27 weeks; 27 weeks is aggregate cap applying to 2 or more employees caring for same family member (Secs. 30(2) and (5))

When Leave May Be Taken: Leave must be taken in periods of at least 1 week, (a) starting on the day a medical certificate is issued or the day the employee took the leave, whichever is earlier, and (b) ending on the Saturday in the 52nd week after the leave began or the week the family member dies, whichever comes earlier (Sec. 30(3))

Notice of Leave: Employee must submit request for compassionate leave to the employer indicating the leave’s expected duration (Sec. 30(2))

Verification: If employer requests, employee must provide a medical certificate signed by a qualified medical practitioner confirming that the family member is suffering a serious medical condition involving significant risk of death within 27 weeks (Sec. 30(2))

Return to Work/Accrual Rights: (a) Employer must reinstate employee to previous or comparable position (Sec. 35(1)); (b) Employee entitled to wages, benefits and seniority he/she had accrued at start of leave and all increments to wages and benefits to which he/she would have been entitled if not on leave (Sec. 35(2))

NUNAVUT (Labour Standards Act)

Entitlement: Up to 8 weeks to care or support a family member if a qualified medical practitioner issues a medical certificate stating that family member has a serious medical condition with a significant risk of death within 26 weeks; 8 weeks is aggregate cap applying to 2 or more employees caring for same family member (Secs. 39.1(2) and (5))

When Leave May Be Taken: Leave must be taken in periods of at least 1 week, during the period: (a) that starts with (i) the first day of the week in which the certificate is issued, or (ii) if the leave started before the certificate was issued, the first day of the week in which the leave began, if the certificate is valid from any day in that week; and (b) that ends with the last day of the week in which either of the following occurs: (i) the family member dies, or (ii) the 26 weeks expire (Sec. 39.2(1))

Notice of Leave: Not specified

Verification: If employer requests, employee must provide a copy of the medical certificate within 15 days after returning to work (Sec. 39.6)

YUKON (Employment Standards Act)

Entitlement: Up to 28 weeks to care or support a family member if a qualified medical or nurse practitioner issues a certificate stating that family member has a serious medical condition with a significant risk of death within 26 weeks; 28 weeks is aggregate cap applying to 2 or more employees caring for same family member (Secs. 60.01(2) and (5))

When Leave May Be Taken: Leave must be taken during the period that: (a) starts with the first day of the week in which the certificate is issued; and (b) ends with the last day of the week in which either: (i) the family member dies, or (ii) the expiration of 52 weeks following the first day of the week of the week the medical certificate is issued (Sec. 60.01(3))

Notice of Leave: Not specified

Verification: If employer requests, employee must provide a copy of the medical certificate within 15 days after returning to work (Sec. 60.01(6))