In Ontario, what is commonly referred to as “compassionate leave” is not a specific term used in employment legislation. Instead, compassionate leave is covered under two provisions of the Ontario Employment Standards Act, 2000 (“ESA”): Family Medical Leave and Family Caregiver Leave. Both are unpaid, job-protected leaves that allow employees to care for family members who are seriously ill or nearing end of life (Ontario Ministry of Labour Guide — Family Caregiver Leave).
These ESA leaves apply to most provincially regulated employees in Ontario—whether full-time, part-time, permanent, or on term contracts.
Family Medical Leave (End-of-Life Care)
Under the ESA, an employee is entitled to take up to 28 weeks of Family Medical Leave within a 52-week period to provide care or support to certain family members who have a serious medical condition with a significant risk of death within 26 weeks
(Ontario Government Guide — Family Medical Leave).
- Eligible family members: Spouse, parents, children, siblings, grandparents, grandchildren, in-laws, and certain dependants as listed in the ESA.
- Medical certificate requirement: A qualified health practitioner (physician or nurse practitioner) must issue a certificate confirming that the family member has a serious medical condition and a significant risk of death within 26 weeks. The official form is available from the Ministry of Labour: Medical Certificate PDF (March 2019).
- Duration: Up to 28 weeks in a 52-week period, unpaid but job-protected.
Family Caregiver Leave (Serious Illness Care)
In addition to Family Medical Leave, the ESA provides for Family Caregiver Leave—available to employees who need time off to care for a family member with a serious medical condition that does not necessarily involve a risk of death
(Ontario Guide — Family Caregiver Leave).
- Duration: Up to 8 weeks per calendar year per specified family member.
- Medical certificate: A qualified health practitioner (physician, nurse practitioner, or psychologist) must provide a note confirming that the family member has a serious medical condition. The diagnosis itself does not need to be disclosed (Ministry of Labour Medical Certificate form).
- Examples: Chronic or episodic conditions such as cancer treatment recovery, post-surgery care, or mental-health crises.
To learn more about your rights and how this leave works in detail, see our full guide on Family Caregiver Leave in Ontario.
How to Give Notice for Compassionate Leave
Employees must inform their employer in writing that they will be taking a compassionate (Family Medical or Family Caregiver) leave.
If an employee must begin the leave unexpectedly, written notice should be provided as soon as possible after starting the leave
(ESA Guide — Notice Requirements).
Employment Insurance (EI) During Compassionate Leave
While the ESA leaves are unpaid, employees may qualify for Employment Insurance (EI) caregiving benefits through the federal government (Canada.ca — EI Caregiving Benefits):
- Family Caregiver Benefit for Children (under 18): up to 35 weeks
- Family Caregiver Benefit for Adults (18+): up to 15 weeks
- Compassionate Care Benefit (end-of-life care): up to 26 weeks
EI caregiving benefits provide income replacement, while the ESA ensures your job is protected. For full details and application requirements, visit the Government of Canada EI Caregiving page.
Employees Are Protected by the ESA
Employers are legally obligated to permit employees to take Family Medical or Family Caregiver Leave when eligible. Your employer cannot penalize, discipline, or terminate you for taking or planning to take one of these leaves. If this occurs, it may constitute a reprisal or wrongful dismissal under Ontario law (ESA Guide — Job Protection).
Note for Federally Regulated Employees
Most employees in Ontario are provincially regulated and therefore covered by the Employment Standards Act, 2000 (ESA).
However, if you work for a federally regulated employer—such as a bank, airline, shipping company, or telecommunications provider—your compassionate leave rights fall under the Canada Labour Code.
According to the federal government’s official interpretation bulletin, Compassionate Care Leave – IPG-063, federally regulated employees may take up to 28 weeks of unpaid compassionate care leave within a 52-week period to provide care or support to a family member who is gravely ill and at risk of death. This federal entitlement mirrors many ESA protections but applies only to federally regulated industries.
Talk to an Employment Lawyer
Navigating workplace issues can be challenging, especially when balancing family responsibilities. At Monkhouse Law Employment Lawyers, we provide clear, practical legal advice to help you exercise your rights under the ESA and protect your job. If your employer refuses to grant your leave or retaliates against you, contact us today for a free 30 minute phone consultation.