Family Responsibility Leave Ontario: Your Complete Guide

If you work in Ontario, you have the right to take family responsibility leave under the Employment Standards Act (ESA). This leave of absence protects your job if you need time off to deal with certain urgent matters involving your family.

In this guide, we’ll explain:

• What family responsibility leave is
• Who qualifies in Ontario
• Examples of when you can use it
• Whether the leave is paid or unpaid
• How to request it properly

What Is Family Responsibility Leave?

Family responsibility leave in Ontario is an ESA-protected job-protected leave. It allows employees to take up to three unpaid days per calendar year to deal with urgent family matters related to illness, injury, medical emergencies, or another pressing issue.

These days do not carry over year to year, and every employee covered by the ESA is entitled to them.

Who Qualifies for Family Responsibility Leave in Ontario?

All employees who are covered by the Employment Standards Act qualify, whether they are:

• Full-time
• Part-time
• Permanent
• Temporary or contract workers

There is no minimum length of employment required. The entitlement begins as soon as you start your job in Ontario.

Family Responsibility Leave Examples

Here are common family responsibility leave examples under the ESA:

• Taking your child to the doctor when they are sick
• Staying home with your child due to sudden illness or injury
• Caring for a spouse who has had an accident
• Supporting an elderly parent during a medical emergency
• Handling urgent matters when a dependent relative is injured

This leave is only available for illness, injury, medical emergencies, or urgent matters affecting specific family members.

Which Family Members Are Covered?

The ESA defines family members broadly, including:

• Your spouse (married or common-law)
• A parent, step-parent, or foster parent
• A child, step-child, or foster child
• A grandparent or grandchild
• The spouse of your child or grandchild
• The spouse of your parent
• A dependent relative

Is Family Responsibility Leave Paid in Ontario?

No. Family responsibility leave is unpaid. However, your employer may choose to pay you under a workplace policy, contract, or collective agreement. Always check your employment contract to see if you have additional rights.

How to Request Family Responsibility Leave

To take family responsibility leave in Ontario:

1. Notify your employer as soon as possible.
2. Let them know the reason (illness, injury, medical emergency, or urgent matter).
3. Provide enough information so they understand why the leave qualifies under the ESA.

Employers cannot demand you disclose private medical details, but they can ask for reasonable evidence, such as a doctor’s note.

Can You Be Fired for Taking Family Responsibility Leave?

No. The ESA protects you from termination or punishment when you take family responsibility 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 full severance pay — up to 24 months’ pay.

Key Takeaways

• Family responsibility leave Ontario gives you up to 3 unpaid, job-protected days each year.
• It applies to urgent matters related to illness, injury, or medical emergencies of covered family members.
• All employees covered by the ESA qualify — even if you just started your job.
• You can’t be punished or fired 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 to grant you family responsibility leave, disciplines you, or terminates your employment, you may be owed significant compensation.

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.