Compassionate leave in Ontario is not a separate leave under the Employment Standards Act (ESA). For end-of-life care, employees generally rely on Family Medical Leave, which provides up to 28 weeks of unpaid, job-protected leave in a 52-week period.
Eligible caregivers can separately receive up to 26 weeks of federal EI compassionate care benefits when caring for someone with a serious medical condition and a significant risk of death within 26 weeks.
The distinction matters: Ontario employment law protects your time away and your job, while EI provides income. If you need time off, notify your employer and obtain the required medical certification rather than simply stopping work or resigning.
On This Page:
- 1. What Is Compassionate Leave?
- 2. How Long Can You Take?
- 3. Who Qualifies?
- 4. Medical Certificate & Notice
- 5. Is Compassionate Leave Paid?
- 6. Other Ontario Caregiving Leaves
- 7. FAQs
What Is Compassionate Leave in Ontario?
“Compassionate leave” is a common term for time away from work to care for or support someone who is seriously ill or approaching the end of life.
Ontario’s ESA does not create a statutory leave with that exact name.
For end-of-life care, the main Ontario entitlement is Family Medical Leave.
Family Medical Leave applies when a qualified health practitioner certifies that the person:
- Has a serious medical condition
- Faces a significant risk of death within a period of 26 weeks
You must be taking the leave to provide care or support to that person.
Does the person have to be terminally ill?
No. Ontario law does not require a medical prediction that the person will definitely die within six months.
The legal test is that there is a significant risk of death within 26 weeks.
What counts as care or support?
Care or support includes much more than providing hands-on medical treatment.
It can include:
- Providing emotional or psychological support
- Participating directly in care
- Helping with practical day-to-day needs
- Arranging professional or third-party care
How Long Is Compassionate Leave in Ontario?
Ontario employees can receive up to 28 weeks of Family Medical Leave within the applicable 52-week period.
The 28 weeks do not have to be taken consecutively.
Can you take the leave in separate weeks?
Yes. You can take separate weeks throughout the applicable 52-week period rather than taking all 28 weeks at once.
For Family Medical Leave, a week runs from Sunday to Saturday.
What if you only need one day in a week?
Taking any part of a week can count as one full week against the 28-week entitlement.
If you want to return to work during the rest of that same week, your employer must agree.
Can you receive another leave later?
Yes, potentially. If the person continues to meet the legal test after the original leave period and a new medical certificate establishes another qualifying period, a new Family Medical Leave entitlement can arise.
Who Qualifies for Compassionate Leave in Ontario?
Ontario employees covered by the ESA can qualify for Family Medical Leave without completing any minimum period of employment.
The leave applies to a broad range of family members, including:
- A spouse
- Parents and step-parents
- Children and step-children
- Siblings
- Grandparents and grandchildren
- Certain extended family members
- A person who considers you to be like family
The person receiving care does not have to live in Ontario.
Do you have to be related to the person?
No. Family Medical Leave can apply to a person who considers you to be like a family member.
You can be required to provide the applicable attestation confirming that relationship.
Can several family members take compassionate leave?
Yes, but Ontario employees caring for the same person share the maximum 28 weeks of Family Medical Leave.
For example, if one Ontario employee uses 18 weeks to care for a parent, another eligible Ontario employee caring for the same parent has 10 weeks remaining during that leave period.
What if you are caring for two seriously ill people?
You can potentially receive a separate Family Medical Leave entitlement for each person if the legal requirements are independently met.
Do You Need a Medical Certificate for Compassionate Leave?
Yes. Family Medical Leave ultimately requires a certificate from a qualified health practitioner confirming the serious medical condition and significant risk of death within 26 weeks.
The certificate needs to establish:
- Who requires the care or support
- That the person has a serious medical condition
- That there is a significant risk of death within the specified 26-week period
Does your employer get to know the diagnosis?
No. The medical certificate does not need to tell your employer the person’s specific diagnosis.
It only needs to confirm that the statutory medical test has been met.
Do you need the certificate before starting leave?
No. You can begin Family Medical Leave before obtaining the certificate if circumstances require it.
However, a qualifying certificate must eventually be issued. Without it, the absence is not protected as Family Medical Leave.
How do you tell your employer?
You must notify 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.
Is Compassionate Leave Paid in Ontario?
Ontario Family Medical Leave is unpaid, but eligible employees can receive federal EI compassionate care benefits for up to 26 weeks.
EI compassionate care benefits are available when you take time away from work to provide care or support to someone who:
- Has a serious medical condition
- Faces a significant risk of death within 26 weeks
- Needs the care or support of at least one caregiver
How much does EI compassionate care pay?
In 2026, EI caregiving benefits generally pay 55% of your earnings up to a maximum of $729 per week.
Insurable employees generally need:
- At least 600 insured hours in the qualifying period
- A reduction of more than 40% in regular weekly earnings for at least one week because they are providing care or support
- The required medical certification
Why is Ontario leave 28 weeks but EI only 26?
Because they are separate legal programs.
| Protection | Maximum | Purpose |
|---|---|---|
| Ontario Family Medical Leave | 28 weeks | Protects your time away and employment |
| EI Compassionate Care Benefits | 26 weeks | Provides income while you provide care or support |
Can family members share EI compassionate care benefits?
Yes. Eligible caregivers can share the maximum 26 weeks of EI compassionate care benefits.
They can receive benefits at the same time or one after another, but each caregiver must make their own EI application.
How Is Compassionate Leave Different From Other Ontario Caregiving Leaves?
The correct Ontario leave depends mainly on how serious the medical condition is and whether the person faces a significant risk of death.
| Leave | Maximum | Main Test |
|---|---|---|
| Family Caregiver Leave | 8 weeks per family member per year | Serious medical condition |
| Family Medical Leave | 28 weeks in 52 weeks | Serious condition with significant risk of death within 26 weeks |
| Critical Illness Leave | 17 weeks for an adult or 37 weeks for a child | Significant change in baseline health and life at risk |
Compassionate leave vs. Family Medical Leave
For end-of-life care in Ontario, they usually describe the same practical situation.
“Compassionate leave” is the common search term. Family Medical Leave is the formal Ontario ESA entitlement that provides up to 28 weeks of job-protected time away.
Compassionate leave vs. Family Caregiver Leave
Family Caregiver Leave can apply where a family member has a serious medical condition but does not face a significant risk of death within 26 weeks.
It provides up to eight weeks of unpaid leave per qualifying family member each calendar year.
Compassionate leave vs. bereavement leave
Compassionate or Family Medical Leave applies while the person is alive and receiving care or support. Bereavement leave applies after a qualifying family member dies.
If the person dies while you are on Family Medical Leave, that leave ends at the end of the week in which the death occurs. You can then have a separate entitlement to bereavement leave.
For the complete provincial framework, see our Leave of Absence Ontario guide. For the broader Canada-wide framework, see Compassionate Care Leave in Canada.
Is your job protected while on compassionate leave?
Yes. If you qualify for Family Medical Leave, your employer can’t threaten, fire or penalize you because you exercise that right.
Employees on protected ESA leave also generally continue to receive credit for seniority and length of service, can continue participating in qualifying benefit plans and have reinstatement rights when the leave ends.
Compassionate Leave Ontario FAQs
How long is compassionate leave in Ontario?
For end-of-life care, Ontario Family Medical Leave provides up to 28 weeks of unpaid, job-protected leave within a 52-week period.
Is compassionate leave paid in Ontario?
The Ontario ESA leave is unpaid. Eligible employees can separately receive up to 26 weeks of EI compassionate care benefits.
Is there officially a compassionate leave under Ontario law?
No. The formal ESA entitlement for end-of-life caregiving is Family Medical Leave.
How long do I need to work before taking compassionate leave?
There is no minimum length-of-employment requirement for Ontario Family Medical Leave.
Do I need a doctor’s note?
You need a qualifying medical certificate confirming the serious medical condition and significant risk of death within 26 weeks.
Does the medical certificate need to disclose the diagnosis?
No. It only needs to establish that the legal medical test is met.
Can compassionate leave be shared between family members?
Yes. Ontario employees caring for the same person share the 28-week Family Medical Leave maximum, and eligible caregivers can also share the 26 weeks of EI compassionate care benefits.
Does the person have to die within 26 weeks?
No. The certificate must establish a significant risk of death within 26 weeks, not certainty that death will occur.
Can my employer refuse compassionate leave?
Not if you meet the Family Medical Leave requirements. Your employer can require the written notice and medical certification permitted by law.
Can I be fired for taking compassionate leave?
No. Your employer can’t punish or terminate you because you properly exercise an ESA-protected Family Medical Leave right.
The most important distinction is simple: “compassionate leave” is the common term, Family Medical Leave is the Ontario job-protected entitlement, and EI compassionate care benefits provide federal income support.
Samfiru Tumarkin LLP advises non-unionized Ontario employees dealing with denied caregiving leave, workplace reprisals, reinstatement problems and termination connected to protected family-care obligations.