Compassionate Leave Ontario: ESA Rules, Pay, and Your Rights

Compassionate leave in Ontario is not a standalone legal term.
Instead, what people commonly call “compassionate leave” is covered under two unpaid, job-protected leaves of absence in Ontario, by the Employment Standards Act (ESA):

• Family Medical Leave
• Family Caregiver Leave

These ESA leaves allow employees to take time off work to care for a seriously ill or critically ill family member without losing their job.

Compassionate leave itself is unpaid, but many employees qualify for Employment Insurance (EI) caregiving benefits during their time away.

Compassionate Leave Ontario – Quick Facts

• ❌ Not a separate ESA leave
• ✅ Covered by Family Medical Leave and Family Caregiver Leave
• 💼 Job-protected under Ontario law
• 💰 Unpaid by your employer
• 🧾 EI caregiving benefits may apply
• 🚫 Employer retaliation is illegal

What Is Compassionate Leave in Ontario?

In Ontario, compassionate leave refers to time off work to care for a family member who is seriously ill, critically ill, or nearing end of life.

Legally, this time off is provided through:

• Family Medical Leave (end-of-life care)
• Family Caregiver Leave (serious illness care)

Who Qualifies for Compassionate Leave in Ontario?

You are entitled to compassionate leave if you are covered by the ESA, including if you are:

• Full-time or part-time
• Permanent or temporary
• Contract or term employee

Eligible family members include:

• Spouse or partner
• Children and parents (including step or foster relationships)
• Siblings, grandparents, grandchildren
• Certain relatives who depend on you for care

How Long Is Compassionate Leave in Ontario?

Ontario provides two different ESA leaves, depending on the situation.

Family Medical Leave in Ontario (End-of-Life Care)

• Up to 28 weeks
• Available when a family member has a serious medical condition with a significant risk of death within 26 weeks
• Must be taken within a 52-week period

Family Caregiver Leave in Ontario (Serious Illness)

• Up to 8 weeks per calendar year per family member
• Applies even when there is no imminent risk of death
• Can cover ongoing or episodic illnesses

Both leaves are unpaid but job-protected.

Is Compassionate Leave Paid in Ontario?

No. Employers are not required to pay wages during compassionate leave.

However, you may qualify for EI caregiving benefits, including:

• Compassionate Care Benefit: up to 26 weeks
• Family Caregiver Benefit for Adults: up to 15 weeks
• Family Caregiver Benefit for Children: up to 35 weeks

EI benefits provide income replacement while the ESA protects your job.

How Do You Apply for Compassionate Leave in Ontario?

1. Get Medical Certification
   A qualified health practitioner must confirm that your family member has a serious medical condition.
   The diagnosis itself does not need to be disclosed to your employer.
2. Notify Your Employer
   You must inform your employer in writing that you are taking compassionate leave.
   If the situation is urgent, notice can be given as soon as possible after the leave begins.
3. Apply for EI Benefits (If Eligible)
   EI applications are handled through Service Canada and require the medical certificate.

Is Compassionate Leave Job-Protected?

Yes. While on compassionate leave:

• Your job is protected under the ESA
• Your employer must reinstate you to the same or comparable position
• Your benefits must generally continue if you continue paying your share

Can Your Employer Deny Compassionate Leave?

No — if you qualify, your employer can’t refuse the leave.

An employer also can’t:

• Discipline you
• Penalize you
• Reduce your hours
• Terminate your employment

What If Your Employer Retaliates or Fires You?

If your employer interferes with your right to compassionate leave, you may have grounds for:

• An employment standards complaint
• A wrongful dismissal claim
• Significant severance pay, in some cases up to 24 months

These cases often arise when employers misunderstand — or ignore — their ESA obligations.

Compassionate Leave vs. Bereavement Leave

These are not the same.

• Compassionate leave applies while a family member is still alive
• Bereavement leave applies after a death

Each leave has different rules, durations, and entitlements.

Federally Regulated Employees in Ontario

If you work in a federally regulated industry (such as banking, airlines, telecommunications, or shipping), your rights fall under the Canada Labour Code, not the ESA.

Federal compassionate care leave rules are similar but not identical.

Speak to an Employment Lawyer About Compassionate Leave

If your employer:

• Denies your compassionate leave
• Disciplines you for taking time off
• Terminates you while on leave

You should get legal advice before accepting anything.

Samfiru Tumarkin LLP has helped 50,000+ non-unionized employees across Ontario enforce their workplace rights and recover compensation when employers break the law.