Family Caregiver Leave Ontario: What You Need to Know

Family caregiver leave in Ontario is a protected, unpaid leave of absence under the Employment Standards Act (ESA). If your family member has a serious medical condition, you have the right to take time off work to care for them — without losing your job.

This leave gives employees peace of mind knowing they can step away to provide care when it’s needed most.

Who Can Take Family Caregiver Leave in Ontario?

You can take Ontario family caregiver leave if:

• You are covered by the ESA (most employees in Ontario are).
• A qualified health practitioner (such as a doctor or nurse practitioner) provides a medical certificate stating that your family member has a serious medical condition.

You do not need to live with the family member to qualify.

Eligible family members include:

• Spouse or partner
• Parent, step-parent, or foster parent
• Child, step-child, or foster child
• Grandparent or grandchild
• Siblings
• In-laws, aunts, uncles, nieces, nephews
• Any person who considers you like family

How Long Is Family Caregiver Leave?

You can take up to 8 weeks of unpaid leave per calendar year per family member with a serious medical condition.

• Example: If both your parent and sibling are ill, you may take 8 weeks for each, totalling 16 weeks off in one year.

Is Family Caregiver Leave Paid in Ontario?

No. Family caregiver leave is unpaid under the ESA.— this leave is unpaid under the ESA.

However, you may qualify for Employment Insurance (EI) Family Caregiver Benefits through the federal government. This is separate from the ESA job-protected leave.

Do Benefits and Seniority Continue?

Yes. While on family caregiver leave:

• Your employer must continue your benefits (if you normally receive them).
• Time away counts toward seniority and length of service.

When your leave ends, you must be reinstated to the same job, or a comparable role if your original position no longer exists.

How to Apply for Family Caregiver Leave in Ontario

To take this leave, you must:

1. Tell your employer as soon as possible that you will be taking family caregiver leave
2. Provide a medical certificate from a qualified health practitioner

This is sometimes referred to as the family caregiver leave Ontario form — but it is simply the medical certificate confirming the serious medical condition. Download the official form →

Can You Be Fired for Taking Family Caregiver Leave?

No. The ESA protects you from termination or punishment when you take family caregiver leave.

If your employer disciplines, threatens, or fires you for using this leave, you may have grounds for a wrongful dismissal claim and could be owed a full severance package — up to 24 months’ pay.

Key Takeaways

• Up to 8 weeks unpaid leave per family member, per year
• A medical certificate is required
• Leave is job-protected under the ESA
• You may qualify for EI family caregiver benefits for income support
• Your benefits and seniority are protected
• 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 denies your right to take family caregiver leave, disciplines you for using it, or terminates your employment, that may be a violation of your rights.

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.