If you need time off work to care for a loved one with a serious medical condition, Ontario’s Employment Standards Act, 2000 (“ESA”) gives most provincially regulated employees the right to take Family Caregiver Leave. This is an unpaid, job-protected leave designed to help you provide care or support without risking your job.
Also known as Ontario caregiver leave, this ESA entitlement helps employees care for family members with serious health conditions.
If you’re wondering how Ontario’s Family Caregiver Leave works, here’s a quick breakdown of your rights and what to expect:
Quick Summary
- Entitlement: Up to 8 weeks per calendar year per specified family member.
- Who qualifies: Most Ontario employees covered by the ESA (full-time, part-time, term, seasonal).
- Proof: Certificate from a qualified health practitioner confirming a serious medical condition.
- Scheduling: Can be taken in separate blocks; any part of a week counts as one week.
- Protection: Job-protected; your employer can’t penalize you for taking the leave.
What Is Family Caregiver Leave?
Family Caregiver Leave is an unpaid, job-protected leave available under the Ontario ESA that allows you to take time off to provide care or support to certain family members who have a serious medical condition. The ESA lists who counts as a “specified family member” and recognizes a wide range of relationships, including spouses, parents, children, siblings, grandparents, and certain dependent relatives.
Who Is Eligible?
- Covered by the ESA: Most provincially regulated employees in Ontario (non-union and union). There is no minimum service requirement.
- Serious medical condition: A qualified health practitioner (for example, a physician, nurse practitioner, or psychologist) must certify that your family member has a serious medical condition. Diagnosis details are generally not required, only confirmation of the condition.
- Specified family member: Spouse (including same-sex), parent/step/foster, child/step/foster, grandparent/grandchild, sibling, in-laws, or a dependent relative. (See ESA list.)
How Much Time Can I Take?
You can take up to 8 weeks each calendar year for each specified family member. You may take the leave in non-consecutive periods. However, for ESA purposes, any part of a week counts as one week of leave.
Notice and Medical Certificate
- Give written notice to your employer before starting your leave (or as soon as possible if you must begin immediately).
- You don’t need to provide the certificate before starting leave, but you must provide it if your employer requests it.
- The certificate confirms a serious medical condition; it does not need to disclose the specific diagnosis.
Under Ontario’s Employment Standards Act, a qualified health practitioner may include a physician, nurse practitioner, or psychologist.
The Ministry of Labour provides an optional certificate form, but any equivalent medical note confirming that the required conditions have been met is acceptable. You can download the official certificate here (PDF).
Your Job Is Protected
While on Family Caregiver Leave, your job is protected by the ESA. Your employer must reinstate you to the same job (or a comparable one) when you return and cannot penalize or terminate you for taking or planning to take the leave. Benefits and service/seniority generally continue in accordance with the ESA and your plan terms.
Family Caregiver Leave vs. Family Medical Leave
Employees often confuse these two ESA leaves. Here’s the difference:
- Family Caregiver Leave: For a serious medical condition. Up to 8 weeks per family member per calendar year; job-protected and unpaid.
- Family Medical Leave: For situations where there is a significant risk of death within 26 weeks. Up to 28 weeks within a 52-week period; job-protected and unpaid.
For end-of-life situations, read our overview of compassionate leave in Ontario and how it maps to ESA Family Medical Leave and related options.
Can I Get Employment Insurance (EI) While on Leave?
Although Family Caregiver Leave itself is unpaid, you may qualify for EI Caregiving Benefits through the federal government:
- Family Caregiver Benefit — Adults (18+): up to 15 weeks.
- Family Caregiver Benefit — Children (<18): up to 35 weeks.
- Compassionate Care Benefit (end-of-life): up to 26 weeks within a 52-week window.
EI is a separate federal program that provides income support while the ESA provides job protection. Application requires a medical certificate from an authorized practitioner.
How to Use Family Caregiver Leave (Step-by-Step)
- Confirm eligibility under the ESA and that the person you’re caring for is a specified family member.
- Ask a qualified health practitioner for a certificate confirming the serious medical condition (keep a copy).
- Give written notice to your employer with expected dates (or notify as soon as possible).
- Track your weeks carefully if you take the leave intermittently (any part of a week counts).
- Consider
EI caregiving benefits for income support during your unpaid leave.
If Your Employer Refuses or Penalizes You
If your employer denies your leave, pressures you not to take it, changes your job unfairly on return, or threatens discipline or termination, you may have a claim under the ESA (reprisal) and potentially for wrongful dismissal. Get advice quickly.
Note for Federally Regulated Employees
The information above applies to provincially regulated employees under Ontario’s Employment Standards Act (ESA).
If you work for a federally regulated employer—for example, a bank, airline, or telecommunications company—your leave rights are governed by the Canada Labour Code.
Under the federal interpretation bulletin Compassionate Care Leave – IPG-063, federally regulated employees are entitled to up to 28 weeks of unpaid compassionate care leave during a 52-week period to care for a gravely ill family member. Federal employees may also qualify for related EI caregiving benefits.
If you work for a federally regulated employer—for example a bank, airline, or telecommunications company—your leave rights are governed by the Canada Labour Code. For a full breakdown of what counts as a federally regulated industry and which employers fall under this category, see our article “List of Federally Regulated Companies and Industries in Canada”.
Frequently Asked Questions
Is Family Caregiver Leave paid?
No. The ESA leave is unpaid. But you may qualify for federal EI caregiving benefits.
Do I have to use all 8 weeks at once?
No. You can take the leave in separate blocks throughout the calendar year. Any part of a week counts as one week.
Does my family member have to live with me?
No. There is no requirement that you live together.
Can I take Family Caregiver Leave and Family Medical Leave in the same year?
Yes, if you meet each leave’s criteria. Family Medical Leave is for end-of-life risk (different entitlement and timeframe).
What proof does my employer need?
A certificate from a qualified health practitioner stating that the family member has a serious medical condition. It generally does not need to disclose diagnosis details.
Talk to an Employment Lawyer
Monkhouse Law acts for non-union employees across Ontario and Canada. If you’re planning to take Family Caregiver Leave—or running into problems—our team can help you protect your job and benefits. Contact us for a free 30-minute phone consultation.