If you’re caring for a family member with a serious medical condition, the Employment Standards Act (ESA) gives you the right to take unpaid, job-protected time off to do so. This guide covers how family caregiver leave works, who qualifies, how long it lasts, and what to do if it’s denied. We’ll also go through what employees can expect when requesting family caregiver leave and how employers can manage this process effectively.
What is family caregiver leave in Ontario?
Under the ESA, family caregiver leave is an unpaid job-protected leave that lets employees take time off to provide care or support to a relative with a serious medical condition. A “family caregiver” is any eligible employee who’s providing that care. Being on Family Caregiver Leave means your job is safe and your employer must reinstate you to the same position when you return.
Quick Answer: Ontario provides family caregiver leave under the Employment Standards Act (ESA). Eligible employees can take up to 8 weeks of unpaid leave per year for each qualifying family member.
How long is family caregiver leave in Ontario?
Employees are entitled to up to eight weeks of family caregiver leave per qualifying family member every calendar year. This entitlement applies separately to each family member. For example, caring for both a parent and a sibling in the same year could provide up to 16 weeks of leave. Note that any part of a week taken counts as a full week. Since even one day uses up a full week of entitlement, it’s best to group time off within the same week if possible.
Who’s eligible for family caregiver leave?
Under the ESA, family caregiver leave is available to most employees in Ontario to care for certain family members. (Federally regulated employees are covered under the Canada Labour Code). There’s no minimum length of service required for eligibility, so it’s available from your first day. Both full-time and part-time employees are eligible. The family member doesn’t need to live in Ontario or Canada for you to be eligible.
A specified family member under the ESA is one of the relatives listed below or a dependent relative.
Eligible family members include:
- Your spouse or partner
- Your parent, step parent or foster parent (yours or your spouse’s)
- Your child, stepchild, or foster child (yours or your spouse’s)
- Grandparent or grandchild (yours or your spouse’s)
- Spouse of your child
- Siblings
- An eligible family member can also include a family member who depends on you for care or assistance.
How to apply for family caregiver leave: notice and required documentation
To take family caregiver leave in Ontario, you’ll need to:
- Give written notice to your employer. Ideally, notify your employer in writing before your leave starts, or as soon as possible after.
- Get a medical certificate from a qualified health practitioner such as a physician, nurse practitioner, registered nurse, or psychologist. The certificate must be a certificate stating that the family member has a serious medical condition, but it does not need to include a specific diagnosis. The condition may include a critical illness, but the note still does not need to identify the exact illness.
- Provide the certificate to your employer. If your employer asks for a copy, you must provide it as soon as possible. You can begin your leave before you have the certificate, but it must be obtained to protect your entitlement. The employee must obtain the medical certificate at their own cost. The certificate supports the leave from the date issued until the end of the calendar year.
- Keep records of everything. This includes your written notice, the certificate, and any related correspondence about leave dates and intermittent plans.
Job protection, benefit options, and EI support
While you’re on family caregiver leave, your job is protected. Your employer must reinstate you to the same job, or a comparable one, when you return. Normal benefits must continue and time away will still count for seniority and length of service.
Although family caregiver leave is unpaid, some employers offer paid leave through an employment contract or workplace policy. You may also qualify for EI (employment insurance) Caregiving Benefits. This is a separate program provided by the federal government and under a stricter standard, that gives income support to caregivers of critically ill or injured people, or someone in need of end-of-life care, apart from the ESA leave.
The EI program offers three types of benefits:
- Family Caregiver Benefits for Adults: Up to 15 weeks
- Family Caregiver Benefits for Children: Up to 35 weeks
- Compassionate Care for End-of-Life Situations: Up to 26 weeks
EI payments cover 55% of your wages, up to a weekly maximum. To be eligible, you need 600 insured hours of work and a medical certificate from a medical doctor or nurse practitioner. You also need to show that your regular weekly earnings have decreased by more than 40% for at least one week due to time off to care for the ill or injured family member.
How it compares: family caregiver leave versus family medical leave?
These two ESA leaves are often confused, but they serve different situations.
- Family caregiver leave applies to situations with serious medical conditions that do not necessarily involve a risk of death. It gives up to 8 weeks per family member, per year.
- Family medical leave is for situations where there is a significant risk of death within 26 weeks. It gives up to 28 weeks within a 52-week period.
Special situations: unionized employees and federally regulated employers
If you’re part of a union, your collective agreement might offer more compassionate or caregiving leave entitlements than the ESA minimum. Check your agreement, as you’ll be entitled to use whichever policy is more generous, and review any terms that affect termination-related rights, including severance pay, where applicable.
If you’re part of a federally regulated industry, such as a bank or airline, the ESA leave doesn’t apply to you. Instead, you’re covered by a similar job-protected leave under the Canada Labour Code.
Whatever your situation, it’s smart to review your employee documents for specific leave entitlements and policies.
Practical steps for employers managing caregiver leave
On the employer side, handling family caregiver leave effectively hinges on clear processes and consistent documentation. Here’s what employers can do:
- Set a written leave-request procedure. Employees should know how to submit their notice and supporting documentation.
- Train managers on the legal requirements. Frontline managers are often the first point of contact for a leave request. It’s important that they understand ESA obligations and how to accommodate employees.
- Document decisions in writing. Keep a record of leave approvals, denials, and the rationale behind them. Good documentation protects the business if someone ever disputes a decision.
What to do if an employer refuses your leave or penalizes you?
If your employer denies your leave request, or punishes you for using it, that could constitute a reprisal under the ESA. Employees in this situation can file a complaint with the Ministry of Labour. If you were terminated or fired, you should also consider if you have a wrongful dismissal claim. In cases where you’re seeking a remedy of reinstatement, it’s best to act quickly.
Gather written correspondence and other evidence, as this will inform your available options. Whitten & Lublin can help you understand those options. Our team focuses on employment law in Ontario and can look at whether an ESA reprisal or wrongful dismissal claim will offer the best results before filing anything. We also help employers draft or review leave policies to reduce legal risk.
Whether your rights have been affected, or you want to ensure your policies are compliant, contact us online or by phone (416) 640-2667 for an assessment.
Frequently Asked Questions
Is family caregiver leave paid in Ontario?
No. Family caregiver leave is an unpaid job protected leave under the ESA, but some employers offer paid leave through a contract or company policy. You can also see if you qualify for EI Caregiving Benefits.
Can I take family caregiver leave for more than one family member?
Yes. You’re entitled to up to 8 weeks per calendar year for each qualifying family member with a serious medical condition. If you’re caring for two family members in the same year, that could mean up to 16 weeks off.
Can I take family caregiver leave and family medical leave in the same year?
Yes, if you meet the criteria for each. These are separate entitlements. Family caregiver leave covers serious medical conditions, while family medical leave is for situations with a significant risk of death within 26 weeks.
How do partial weeks work with family caregiver leave?
Taking any part of a week, even a single day, counts toward a full week of your eight-week entitlement under the ESA. Employees may also take part of a week when they need time to provide care to a qualifying family member. Multiple days within the same week also count as one week. In this context, care or support is broader than hands-on help, and support includes emotional support or providing psychological assistance. It can also include psychological or emotional support, and in some cases arranging help through a third party provider. Grouping time off within the same week can help you avoid burning through your entitlement weeks.
