The Right to Compassionate Care Leave
It's hard when employees become seriously ill and need leave to deal with health issues. But it may be even harder for employees when the seriously ill person is a spouse, child, parent or other close family member. Until fairly recently, employees didn't have the legal right to take leave in order to care or provide support for a seriously ill family member. They had to either quit their jobs or hire outsiders to care for their loved ones.
Because compassionate care leave is a fairly recent phenomenon, many employers are not familiar with its requirements or do not know how to handle requests for such leave. The chart below spells out employees' right to compassionate care leave under each province's (and territory's) employment standards laws.
Right to Compassionate Care Leave |
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|
Statute |
Definition of family member* |
Length of service required |
Medical Certificate |
Notice Required |
Length of leave |
Fed |
Canada Labour Code, Part III, Div. VII, Sec. 206.3 |
Sibling or step-sibling, grandparent, grandchild, in-law, uncle, aunt, niece, nephew, foster parent or child, ward, guardian or tutor, a person whom the employee considers to be like a close relative or vice versa |
None |
Employer may request, in writing, a medical certificate within 15 days of employee's return |
No |
Up to 8 weeks per 26-week period |
BC |
Employment Standards Act, Sec. 52.1 |
Sibling or step-sibling, grandparent, grandchild, in-laws, uncle, aunt, niece, nephew, foster parent or child, ward guardian or tutor, a person whom the employee considers to be like a close relative or vice versa |
None |
Employee must give employer a copy of the medical certificate as soon as practicable |
No |
Up to 8 weeks per 26-week period |
MB |
Employment Standards Code, Sec. 59.2 |
Any person who is a member of the class of people prescribed in the regulations for the purposes of this definition |
At least 30 days |
Employee must give employer a copy of the “physician's certificate” as soon as possible |
At least one pay period |
Up to 8 weeks per 26-week period |
NB |
Employment Standards Act, Sec. 44.024 |
A person with whom the employee has a close family relationship |
None |
Employer may request, in writing, a medical certificate within 15 days of employee's return to work |
As soon as possible |
Up to 8 weeks per 26-week period |
NL |
Labour Standards Act, Part VII.3 |
Anyone who is a member of a class of people prescribed for the purpose of this definition in the regulations |
At least 30 days |
After getting notice, employer may request, in writing, a copy of the medical certificate from the employee |
At least 2 weeks before leave is to begin |
Up to 8 weeks per 26-week period |
NS |
Labour Standards Code, Sect. 60E |
Anyone who is a member of a class of people prescribed in the regulations for the purpose of this definition |
At least three months |
Employer may request, in writing, a copy of the medical certificate from the employee |
As soon as possible |
Up to 8 weeks per 26-week period |
NU |
Labour Standards Act, Part V.1 |
Anyone considered a family member under Canada Labour Code or Employment Insurance Act |
None |
Employer may request, in writing, a medical certificate within 15 days of employee's return to work |
No |
Up to 8 weeks per 26-week period |
ON*** |
Employment Standards Act, Sec. 49.1 |
Sibling or step-sibling, grandparent, grandchild, in-laws, uncle, aunt, niece, nephew, foster parent or child, ward, guardian or tutor, a person whom the employee considers to be like a close relative or vice versa |
None |
If requested by employer, employee must give the employer a copy of the medical certificate |
Employee must notify employer in writing |
Up to 8 weeks per 26-week period |
PEI |
Employment Standards Act, Sec. 22.3 |
Sibling, anyone who is a member of a class of people prescribed by the regulations for the purpose of this section |
None |
Employer may request, in writing, a medical certificate within 15 days of employee's return to work |
No |
Up to 8 weeks per 26-week period |
QC**** |
Act Respecting Labour Standards, Div. V.1 |
Sibling, grandparent |
Three months of uninterrupted service |
Medical certificate needed for extension of leave to care for minor child |
As soon as possible |
Up to 12 weeks/12- month period; up to 104 weeks if a minor child seriously ill |
SK |
Labour Standards Act, Sec. 44.2(1) |
Sibling, grandparent |
At least 13 consecutive weeks (if the employee doesn't qualify for compassionate care benefits) |
If requested by employer in writing, employee must give the employer a copy of the medical certificate |
No |
Up to 8 weeks/26 week period. Up to 12 wks if no federal. Comp. care benefit. No more than 16 weeks total per year |
YK |
Employment Standards Act, Sec 60.1 |
A child to whom the employee stands in the place of a parent, step parent, in-laws, any relative permanently residing in the employee's house or with whom the employee resides |
None |
Employer may request, in writing, a medical certificate within 15 days of employee's return to work |
No |
Up to 8 weeks per 26-week period |
* All provinces and territories define family member to include the employee's spouse or common-law partner, child and step-child, parent and step-parent. The chart includes any additional people included in that province's definition of “Family member”. |
** Note: Alberta and the Northwest Territories don't give employees the right to compassionate care leave. *** In Ontario, such leave is called “family medical leave.” **** In Quebec, it's called “family or parental leave.” |
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Compassionate care leave was a long time coming. It recognizes the reality of employees' lives and the human need to be with those we love at the end of their lives. Employers should be sensitive to the pressure and stress that employees with seriously ill family members are under and grant qualified compassionate care leave requests. Such leave benefits not only the employee and his/her family, but also the employer. After all, an employee is unlikely to be productive when their thoughts are with their dying family members.
