Family medical leave in Ontario gives employees up to 28 weeks of unpaid, job-protected leave in a 52-week period to care for or support someone with a serious medical condition and a significant risk of death within 26 weeks.
There is no minimum length of employment before you can qualify. A physician or nurse practitioner must eventually provide a medical certificate confirming that the legal medical test is met, but the certificate does not need to disclose the diagnosis.
If you qualify, your employer can’t refuse the leave because your absence is inconvenient. Provide written notice as soon as possible and obtain the required medical certificate.
On This Page:
- 1. How Long Is Family Medical Leave?
- 2. Who Qualifies?
- 3. Which Family Members Are Covered?
- 4. Medical Certificate & Notice
- 5. Is Family Medical Leave Paid?
- 6. Job Protection & Other Leaves
- 7. FAQs
How Long Is Family Medical Leave in Ontario?
You can take up to 28 weeks of family medical leave within the applicable 52-week period.
The 52-week period begins on the first day of the week in which the 26-week risk-of-death period identified in the medical certificate begins.
You do not have to take all 28 weeks consecutively.
Can you take family medical leave one week at a time?
Yes. The leave can be divided into separate weeks throughout the applicable 52-week period.
For family medical leave, a week runs from Sunday to Saturday.
What if you take only one or two days in a week?
Taking any part of a week counts as one full week against your 28-week ESA entitlement.
Unlike some other leaves, returning to work for the rest of that week requires your employer’s agreement.
Can you take another 28 weeks later?
Yes, potentially. If the person remains seriously ill after the first 52-week period and a new medical certificate confirms another qualifying 26-week risk period, you can become entitled to a new family medical leave.
Who Qualifies for Family Medical Leave in Ontario?
Employees covered by Ontario’s Employment Standards Act can qualify without completing any minimum period of employment.
You need a qualified health practitioner to certify that the person you are caring for:
- Has a serious medical condition
- Faces a significant risk of death within a period of 26 weeks
You must also be taking the leave to provide care or support.
What does care or support include?
You do not have to personally provide medical treatment for family medical leave to apply.
Care or support can include:
- Providing emotional or psychological support
- Helping directly with the person’s care
- Arranging care from another provider
- Helping with practical needs during the medical crisis
Does the person have to be terminally ill?
The ESA does not use the word “terminal” as the legal test. The required certificate must state that there is a significant risk of death within 26 weeks.
Which Family Members Qualify for Family Medical Leave?
Ontario family medical leave covers a broad range of relatives and can also cover someone who considers you to be like family.
Covered people include:
- Your spouse
- Your parent, step-parent or foster parent
- A parent, step-parent or foster parent of your spouse
- Your child, step-child or foster child
- A child, step-child or foster child of your spouse
- A child under your or your spouse’s legal guardianship
- Your brother, step-brother, sister or step-sister
- A grandparent, step-grandparent, grandchild or step-grandchild of you or your spouse
- Certain brothers-in-law, sisters-in-law, sons-in-law and daughters-in-law
- An aunt or uncle of you or your spouse
- A niece or nephew of you or your spouse
- Certain spouses of extended family members
- A person who considers you to be like a family member
The person does not have to live in Ontario.
Can you take family medical leave for someone who is not related to you?
Yes, potentially. Someone who considers you to be like family can qualify.
You can be required to provide the applicable attestation confirming that relationship.
Can more than one employee take leave for the same person?
Yes, but the 28 weeks are shared among Ontario employees caring for the same person.
For example, if one eligible employee takes 18 weeks to care for a parent, another eligible Ontario employee caring for that same parent has only 10 weeks remaining during that leave period.
The employees can take leave at the same time or at different times.
What if two different family members are seriously ill?
You can potentially receive a separate 28-week entitlement for each qualifying person if the requirements are independently met.
Do You Need a Medical Certificate for Family Medical Leave?
Yes. A qualified health practitioner must eventually issue a certificate confirming the serious medical condition and significant risk of death within 26 weeks.
The certificate must identify:
- The person receiving care or support
- That the person has a serious medical condition
- That there is a significant risk of death within a specified 26-week period
Does the certificate need to disclose the diagnosis?
No. Your employer does not need to know what the specific medical condition is.
The certificate only needs to confirm that the legal medical test has been met.
Who can complete the certificate?
In Ontario, the certificate can be issued by a physician or nurse practitioner.
If the person is receiving treatment elsewhere, an appropriately qualified practitioner under that jurisdiction’s laws can issue it.
Do you need the certificate before starting leave?
No. You can start the leave before obtaining the certificate if necessary.
However, a qualifying certificate must eventually be issued. Without it, the absence is not protected as family medical leave.
How do you notify your employer?
You must tell your employer in writing that you are taking family medical leave.
If an emergency prevents advance notice, provide written notice as soon as possible after the leave starts.
If you take the leave in separate periods, provide notice each time a new period begins. One written notice can identify multiple planned periods.
Is Family Medical Leave Paid in Ontario?
No. Ontario’s ESA does not require your employer to pay your wages during family medical leave.
However, eligible employees can receive federal EI compassionate care benefits while providing end-of-life care or support.
How much EI can you receive?
EI compassionate care benefits can provide up to 26 weeks of income support.
In 2026, EI caregiving benefits generally pay 55% of your earnings up to a maximum of $729 per week.
For insured employees, EI normally requires at least 600 insured hours in the qualifying period and a reduction of more than 40% in regular weekly earnings for at least one week.
Why is EI only 26 weeks when Ontario leave is 28 weeks?
Because the ESA leave and EI compassionate care benefits come from different laws.
Ontario employment law protects up to 28 weeks away from work. The federal EI program can provide up to 26 weeks of income support.
See our guide to compassionate care leave in Ontario for more on how these rights work together.
Is Your Job Protected During Family Medical Leave?
Yes. Your employer can’t threaten, fire or penalize you because you take, plan to take or qualify for family medical leave.
Your ESA protections generally include:
- Continued credit for length of employment, service and seniority
- Continuation of qualifying benefit-plan participation during the leave
- Reinstatement to your previous job or a comparable position in most cases
- Protection against discipline or reprisal because you exercised your leave rights
Can you be fired while on family medical leave?
Your employer can’t terminate you because you took family medical leave.
A termination without cause can still occur for a genuine reason completely unrelated to the leave, such as a legitimate workplace closure or elimination of the position.
What happens if the family member dies?
Family medical leave ends at the end of the week in which the person dies.
You can then qualify separately for bereavement leave. If the person was your child, separate child death leave rights can also apply.
How is family medical leave different from family caregiver leave?
Family caregiver leave provides up to eight weeks per qualifying family member each calendar year for a serious medical condition.
It does not require a significant risk of death within 26 weeks. Family medical leave does.
How is family medical leave different from critical illness leave?
Critical illness leave applies when a person’s baseline health has significantly changed and their life is at risk.
It provides up to 37 weeks for a child or 17 weeks for an adult and requires six months of employment. Family medical leave has no minimum-service requirement and provides up to 28 weeks where the 26-week risk-of-death test is met.
Can more than one ESA leave apply?
Yes. The same family medical crisis can potentially create entitlement to more than one type of Ontario leave if each leave’s requirements are met.
The leaves remain separate legal entitlements. For a broader comparison, see our Leave of Absence Ontario guide.
Family Medical Leave Ontario FAQs
How long is family medical leave in Ontario?
Up to 28 weeks within the applicable 52-week period.
How long do you have to work before qualifying?
There is no minimum length-of-employment requirement for Ontario family medical leave.
Is family medical leave paid?
No. The ESA leave is unpaid, although eligible employees can receive up to 26 weeks of federal EI compassionate care benefits.
Do I need a doctor’s note?
You need a qualifying medical certificate from a physician or nurse practitioner, but you can begin leave before the certificate is obtained.
Does my employer get to know the diagnosis?
No. The certificate does not need to identify the person’s specific medical condition.
Can family members share the 28 weeks?
Yes. Ontario employees caring for the same person share the maximum 28-week entitlement.
Can I take family medical leave for someone who is like family?
Yes. A person who considers you to be like a family member can qualify, subject to the required attestation.
Can my employer refuse family medical leave?
Not if you meet the ESA requirements. Your employer can require the written notice and medical certificate permitted by law.
Can I be fired for taking family medical leave?
No. Your employer can’t punish or terminate you because you properly exercise this ESA-protected right.
Family medical leave gives Ontario employees substantial time away from work to support someone facing a serious and potentially life-ending medical condition without having to give up their employment.
Samfiru Tumarkin LLP advises non-unionized Ontario employees dealing with denied family medical leave, workplace reprisals, reinstatement problems and termination connected to protected caregiving obligations.