Compassionate Leave Ontario: Your Guide to Time Off Work
In Ontario, compassionate leave (also called compassionate care leave) allows employees to take time off work to care for a seriously ill family member. This type of leave of absence is protected under the Employment Standards Act (ESA).
Compassionate leave is generally unpaid, but you may qualify for Employment Insurance (EI) benefits during your time away.
Who Qualifies for Compassionate Leave in Ontario?
You may take compassionate leave if you are covered by the ESA, including if you work full-time, part-time, permanent, or on contract.
Family members you can take leave to care for include:
- Spouse or partner
- Children or parents (including step and foster relationships)
- Siblings, grandparents, grandchildren
- Relatives who depend on you for care
How Long is Compassionate Leave in Ontario?
There are two types of compassionate leave under the ESA:
- Family Medical Leave: Up to 28 weeks to care for a family member who has a serious medical condition with a significant risk of death within 26 weeks.
- Family Caregiver Leave: Up to 8 weeks to care for a family member with a serious medical condition, even if there is no risk of imminent death.
Is Compassionate Leave in Ontario Paid?
Compassionate leave itself is unpaid. However, you may be eligible for EI benefits:
- Compassionate care benefits: Up to 26 weeks for end-of-life care.
- Family caregiver benefit for adults: Up to 15 weeks for critically ill or injured adults.
- Family caregiver benefit for children: Up to 35 weeks for critically ill or injured children.
How to Apply for Compassionate Leave in Ontario
- Get medical certification: A qualified health practitioner must confirm your family member’s medical condition.
- Notify your employer in writing: You must let your employer know you are taking compassionate leave. If you can’t provide notice before starting, you must do so as soon as possible.
- Apply for EI benefits (if eligible): Through Service Canada, using the medical certificate as supporting documentation.
Your Rights During Compassionate Leave
Your job is protected under the ESA while you are away. Your employer can’t fire, penalize, or discipline you for taking leave — known as a reprisal in Ontario.
If your employer interferes with your right to compassionate leave, you may have grounds for an employment standards or wrongful dismissal claim — meaning severance pay.
ℹ️ Related Types of Leave: It’s important to distinguish between compassionate leave and other forms of leave, such as bereavement leave in Ontario, which applies when a family member has passed away.
Speak to an Employment Lawyer
If your employer denies your compassionate leave request, disciplines you for taking time off, or terminates your employment, that may be a violation of your rights. You could be owed compensation — up to 24 months’ severance pay.
At Samfiru Tumarkin LLP, our team has helped 50,000+ employees across Ontario enforce their workplace rights. Contact us today for advice before making any decisions.
Our employment lawyers in Toronto and Ottawa — serving all of Ontario — help non-unionized workers win fair severance. Many cases qualify for our no win, no fee contingency arrangement.
At our firm, we have:
- ⚖️ Settled over 99% of cases quickly through negotiation or mediation
- 💰 Secured millions in compensation
- 📱 Free Termination Consultations — in many, but not all, cases
- ⭐ Earned 2,310 5-star Google reviews (4.8 average)
- 🏆 Recognized as one of Canada’s Best Law Firms (Globe and Mail)
Call us at 1-855-821-5900 or request a consultation online.
You must consult your union representative regarding termination, severance pay, and other workplace issues. By law, employment lawyers can’t represent unionized employees with these issues. Their collective bargaining agreement governs their rights.
About the Author
Lior Samfiru
Lior Samfiru is a Founding Partner at Samfiru Tumarkin LLP and the Practice Leader of the firm’s Labour & Employment Law Group. Known for his advocacy and success representing both employees and employers, Lior exclusively serves clients in Ontario, where his extensive experience has made him one of Canada’s most sought-after employment lawyers.
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