Critical Illness Leave in Ontario: Your Guide to Employee Rights

Critical illness leave in Ontario is a job-protected leave of absence under the Employment Standards Act (ESA). It allows employees to take unpaid time off work to care for a critically ill family member without risking termination.

If you are dealing with a medical crisis in your family, here’s what you need to know.

What Is Critical Illness Leave in Ontario?

Critical illness leave lets eligible employees take time off to care for:

• A critically ill child (under 18) – up to 37 weeks of leave
• A critically ill adult family member – up to 17 weeks of leave

This time can be taken all at once or in chunks, as long as it’s within the 52-week period after the leave begins.

Who Can You Take Leave For?

Ontario’s ESA allows leave to care for:

• Your child (including step-child or foster child)
• Your spouse or partner
• Parents (including step-parents or foster parents)
• Siblings, grandparents, grandchildren
• A relative dependent on you for care

This makes it broader than just parents and children — many family critical illness leave in Ontario cases include extended relatives.

Do You Get Paid for Critical Illness Leave in Ontario?

The ESA makes critical illness leave unpaid. However, you may be able to access:

• Employment Insurance (EI) Family Caregiver Benefits from Service Canada
  • Up to 35 weeks for children
  • Up to 15 weeks for adults
• Employer-provided benefits or top-ups, if included in your contract or policy

Does Critical Illness Leave Protect Your Job?

Yes. While on Ontario critical illness leave:

• Your employer must keep your job open (or provide a comparable role on return)
• Your seniority and benefits continue as if you were actively working
• You cannot be punished, demoted, or fired for taking this leave

How Do You Apply for Critical Illness Leave in Ontario?

To take leave, you must:

• Notify your employer in writing as soon as possible
• Indicate the length of leave you intend to take
• Provide a medical certificate if requested

Can You Be Fired for Taking Critical Illness Leave?

No. It is illegal for your employer to fire you, threaten you, discipline you, or cut your hours or reduce your pay for taking critical illness leave. If that happens, you may have grounds for a wrongful dismissal claim and could be owed a full severance package — up to 24 months’ pay.

Key Takeaways

• Critical illness leave in Ontario is unpaid, but EI benefits may apply.
• You can take up to 37 weeks for a child or 17 weeks for an adult family member.
• A wide range of relatives qualify, not just immediate family.
• Your job is protected under the ESA.
• Employers can’t penalize employee for taking this leave. This is known as a reprisal in Ontario, which can trigger a constructive dismissal

Speak to an Employment Lawyer

If your employer refuses your critical illness leave request, cuts your benefits, or threatens termination, that’s illegal under Ontario law.

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.