Critical illness leave in Canada generally gives eligible employees up to 36–37 weeks of unpaid, job-protected leave to care for a critically ill child and 16–17 weeks to care for a critically ill adult family member.
EI family caregiver benefits are separate. Eligible caregivers can receive up to 35 weeks of EI benefits for a critically ill or injured child or up to 15 weeks for a critically ill or injured adult.
Unlike compassionate care leave, critical illness leave does not require a medical finding that the family member is likely to die within 26 weeks. The key issue is that their health has significantly changed and their life is at risk because of an illness or injury.
On This Page:
- 1. How Long Is Critical Illness Leave?
- 2. Who Qualifies?
- 3. Is Critical Illness Leave Paid?
- 4. Medical Certificate & Taking Leave
- 5. Job Protection & Returning to Work
- 6. What If Your Employer Refuses or Fires You?
How Long Is Critical Illness Leave in Canada?
Employees can generally take up to 36–37 weeks of job-protected leave to care for a critically ill child and 16–17 weeks to care for a critically ill adult.
Those ranges reflect the statutory critical illness or injury leave available in Ontario, Alberta, British Columbia and federally regulated workplaces.
The leave is normally taken within a 52-week period connected to the family member’s critical illness or injury.
How long can you take for a critically ill child?
The job-protected entitlement is generally up to 36–37 weeks.
Ontario and federally regulated workplaces provide up to 37 weeks. Alberta and B.C. provide up to 36 weeks.
How long can you take for a critically ill adult?
The job-protected entitlement is generally up to 16–17 weeks.
Ontario and federally regulated workplaces provide up to 17 weeks. Alberta and BC provide up to 16 weeks.
Do you have to take all the leave at once?
No. Critical illness leave can generally be taken in more than one period.
The rules for minimum blocks and how partial weeks are counted differ, so use the provincial leave page that applies to you when planning intermittent time away.
Who Qualifies for Critical Illness Leave?
Critical illness leave is for employees who need time away from work to provide care or support to a family member whose health has changed significantly and whose life is at risk because of illness or injury.
Care or support can include more than providing medical treatment yourself. It can involve:
- Helping with daily care
- Providing emotional or psychological support
- Arranging professional or outside care
- Attending important appointments
- Being present to support the family member during a serious medical crisis
What counts as critically ill?
A critical illness or injury involves a significant change in the person’s baseline health that puts their life at risk and requires care or support from one or more family members.
This can include a sudden serious illness, major injury or significant deterioration in an existing medical condition.
A medical certificate is normally required to establish that the legal test is met.
Does the person have to be terminally ill?
No. Critical illness leave does not require the family member to be terminally ill or expected to die within 26 weeks.
That is the major difference between critical illness leave and compassionate care leave.
Compassionate Care Leave Canada is designed for end-of-life situations involving a serious medical condition and significant risk of death within 26 weeks.
Who counts as a family member?
The rules cover a broad range of family relationships, although the exact statutory definition varies.
Depending on the law that applies, qualifying relationships can include spouses or partners, children, parents, siblings, grandparents and other relatives.
EI caregiver benefits can also cover someone who is considered to be like family even if you are not related by blood or marriage.
Is Critical Illness Leave Paid in Canada?
Critical illness leave is generally unpaid by the employer, but EI family caregiver benefits can replace part of your income.
EI provides:
- Family caregiver benefit for children: Up to 35 weeks
- Family caregiver benefit for adults: Up to 15 weeks
In 2026, EI caregiving benefits pay 55% of average insurable weekly earnings, up to $729 per week.
Who qualifies for EI family caregiver benefits?
Insurable employees generally need at least 600 insured hours and a reduction of more than 40% in regular weekly earnings for at least one week because they are providing care or support.
A doctor or nurse practitioner must also certify that the person is critically ill or injured, and you must be a family member or considered to be like family.
The 600-hour requirement is an EI benefits rule. It is not a universal requirement for job-protected critical illness leave from your employer.
Can family members share EI caregiver benefits?
Yes. Eligible caregivers can share the available EI family caregiver weeks.
They can receive benefits at the same time or one after another, but the total available for the same critically ill person remains up to 35 weeks for a child or 15 weeks for an adult within the benefit window.
Can your employer provide paid critical illness leave?
Yes. Your employment contract, workplace policy or benefit plan can provide paid caregiver leave that is better than the statutory minimum.
Check whether your workplace also offers paid personal days, vacation, disability-related benefits or another caregiver program that can be coordinated with your leave.
Do You Need a Medical Certificate for Critical Illness Leave?
Yes. Critical illness leave generally requires a medical certificate confirming that the family member is critically ill or injured and needs care or support.
The certificate normally identifies the period during which care or support is required.
It does not mean your employer is automatically entitled to the person’s complete medical history.
Do you need the certificate before taking leave?
Not always. A critical illness can arise suddenly, so the law can allow employees to begin leave and provide the required documentation afterward.
Tell your employer about the absence as soon as reasonably possible and obtain the required medical certificate promptly.
How much notice should you give?
Give your employer written notice as soon as you reasonably can.
If the need for leave is predictable, explain when you expect the leave to begin and how long you expect to be away. A sudden medical emergency can make advance notice impossible.
Keep your notice, medical documentation and your employer’s response.
Is Your Job Protected During Critical Illness Leave?
Yes. If you qualify for statutory critical illness leave, your employer can’t punish you because you properly take it.
Your employer can’t deny qualifying leave simply because:
- The workplace is short-staffed
- Your absence creates scheduling problems
- Another family member might also be able to help
- You have already used vacation or ordinary sick days
Protected critical illness leave is a statutory employment right, not simply a request for unpaid vacation.
Do you get your job back after critical illness leave?
Job-protected leave normally includes important reinstatement rights when you return.
Depending on the applicable employment standards legislation, you can be entitled to return to your previous job or an equivalent or comparable position.
Your employer can’t use the leave as a reason to demote you, cut your pay or substantially reduce your position.
What if the family member remains critically ill?
Further protected leave can be available if the family member remains critically ill and the applicable medical and statutory requirements are met.
Do not assume you must resign simply because an original medical certificate or leave period expires. Obtain updated medical information and determine whether another or extended leave is available.
What if the family member dies?
Critical illness leave normally ends shortly after the death, but separate bereavement or child-death leave rights can then apply.
If the person is your child, see our guide to Death or Disappearance of a Child Leave.
Can You Be Fired While on Critical Illness Leave?
Your employer can’t fire, discipline or otherwise penalize you because you requested or took protected critical illness leave.
A termination during or shortly after leave deserves careful review if the employer:
- Complained about how much time you needed away
- Refused to recognize qualifying leave
- Pressured you to return before the protected leave ended
- Threatened your employment because of the absence
- Returned you to a substantially worse role
A genuine termination completely unrelated to the protected leave can still occur in some circumstances, but your leave cannot be used against you.
What if your employer refuses the leave?
If you meet the statutory requirements, your employer can’t treat critical illness leave as a discretionary request it is free to reject.
Ask for the reason for refusal in writing. Keep your medical certificate and other documentation. Don’t resign or abandon your job before getting advice about your leave rights.
Are you owed severance if you’re fired?
If your employment ends, your full termination and severance rights still need to be assessed.
If the dismissal was connected to protected critical illness leave, additional employment-standards remedies can also be available.
If you are terminated, don’t sign a release before having your full severance package reviewed—you may be owed as much as 24 months’ pay.
Critical Illness Leave by Province
The practical national rule is 36–37 weeks for a critically ill child and 16–17 weeks for a critically ill adult. Provincial pages handle the exact eligibility, notice and leave-taking rules.
- Critical Illness Leave Ontario — Up to 37 weeks for a critically ill minor child and 17 weeks for a critically ill adult family member.
- Critical Illness Leave Alberta — up to 36 weeks for a critically ill child and 16 weeks for an adult, with Alberta-specific eligibility and notice rules.
- Critical Illness or Injury Leave BC — Up to 36 weeks for a family member under 19 and 16 weeks for a family member aged 19 or older.
- Federally Regulated Employees — up to 37 weeks for a critically ill child under 18 and 17 weeks for a critically ill adult.
Critical Illness Leave Canada FAQs
How many weeks of critical illness leave can you take?
You can generally take up to 36–37 weeks to care for a critically ill child or 16–17 weeks for a critically ill adult.
How much does EI pay for critical illness caregiving?
In 2026, EI family caregiver benefits pay 55% of average insurable weekly earnings, up to $729 per week. Benefits can last up to 35 weeks for a child or 15 weeks for an adult.
Do you need 600 hours for critical illness leave?
The 600-hour requirement applies to EI family caregiver benefits—not automatically to your statutory job-protected leave.
Can two family members take critical illness leave?
More than one family member can provide care, but statutory leave and EI sharing rules can limit the combined weeks available for the same critically ill person. Check the provincial rules if more than one employee plans to take leave.
Is cancer automatically a critical illness?
Not automatically. The medical test focuses on whether the person’s baseline health has significantly changed, their life is at risk, and they require care or support. A medical certificate determines whether the legal criteria are met.
Is critical illness leave the same as compassionate care leave?
No. Critical illness leave applies when a person’s health has significantly changed and their life is at risk. Compassionate care leave is specifically aimed at end-of-life situations involving a significant risk of death within 26 weeks.
Get Help With a Critical Illness Leave Problem
Critical illness leave exists so employees can care for a family member facing a life-threatening medical crisis without having to give up their employment.
Samfiru Tumarkin LLP helps non-unionized employees deal with denied leaves, pressure to return early, failed reinstatement and termination during or after protected leave.
If your employer has changed or ended your employment because you took critical illness leave, our employment lawyers can protect your rights and secure the full severance pay and compensation you are legally entitled to receive.