Family Medical Leave Ontario: Everything You Need to Know

Family medical leave in Ontario gives you the legal right under Ontario’s Employment Standards Act (ESA) to take unpaid, job-protected time off — up to 28 weeks in a 52-week period — to care for a family member with a serious medical condition that carries a significant risk of death within 26 weeks.

What Is Family Medical Leave in Ontario?

Under the ESA, you have the right to take up to 28 weeks of unpaid leave in a 52-week period to care for a critically ill loved one. This leave is fully protected — your employer can’t fire or penalize you for it.

The qualifying medical condition must come with a medical certificate from a physician or a nurse practitioner, confirming the seriousness and risk of death within 26 weeks.

Ontario Family Medical Leave Form (Medical Certificate)

The required document is the official Medical Certificate to Support Entitlement to Family Medical Leave, which also covers family caregiver leave and critical illness leave. This is the family medical leave ontario form under the ESA — not the EI compassionate care form.

• The form must be completed by a health practitioner qualified to practice medicine or a nurse practitioner.
• Your employer may require and request a copy of this certificate, and you must provide it as soon as possible after their request.

Eligibility and Who Qualifies

You Qualify For This Leave If:

• You are working in a role covered by Ontario’s ESA (most employees are, unless federally regulated)
• Your family member has a serious medical condition with a signficiant risk of death within 26 weeks, as certified by a qualified health practitioner

Eligible Individuals Include:

• Parents, children, spouses, siblings, grandparents, aunts, uncles, nieces, nephews, step-relatives, in-laws, and people you consider like family.

How Long Can You Take Off?

You are entitled to up to 28 weeks of family medical leave in any 52-week period.

This leave can be taken all at once or split into separate blocks, depending on your needs.

Is Family Medical Leave Paid?

No — this leave is unpaid under the ESA.

However, you may still be eligible for EI compassionate care benefits through Service Canada.

Employer Obligations and Protections

During your family medical leave, your employer must:

• Keep your job or provide a comparable one.
• Continue your health benefits if you and your employer agree to keep paying your share.
• Not penalize or fire you for taking the leave.

How to Apply: Step-by-Step

1. Get the ESA form: Download the Medical Certificate to Support Entitlement to Family Medical Leave from Ontario’s Ministry of Labour (form ON00407E).
2. Have it filled out by a qualified medical practitioner (physician or nurse practitioner).
3. Submit it to your employer as soon as they request it.
4. Provide written notice to your employer about your leave start and plan — either before or as ssons as possible after the leave begins.
5. Employer approves the leave — job and benefits remain protected.

Can You Be Fired for Taking Family Medical Leave?

No. The ESA protects you from termination or punishment when you take family medical leave.

If your employer disciplines, threatens, or fires you for using this leave, you may have grounds for a wrongful dismissal claim and could be owed a full severance package — up to 24 months’ pay.

Key Takeaways

• Family medical leave ontario is a job-protected, unpaid leave for caregiving — up to 28 weeks per year
• The process requires the ESA-issued medical certificate
• All employees covered by the ESA qualify
• Employers can’t penalize employee for taking this leave. This is known as a reprisal in Ontario, which can trigger a constructive dismissal.
• EI compassionate care and ESA family medical leave are separate — one protects your job (ESA), the other provides income (EI), with different forms.

Speak to an Employment Lawyer

If your employer refuses to grant you family medical leave, demands full medical details instead of the certificate, or penalizes you for using your legal right, you may be owed significant compensation.

At Samfiru Tumarkin LLP, we’ve helped tens of thousands of employees across Ontario enforce their workplace rights.

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.