Compassionate care leave in Canada generally gives eligible employees about 27–28 weeks of unpaid, job-protected time away from work to care for or support a family member who is seriously ill and at significant risk of dying within 26 weeks.
EI compassionate care benefits are separate. Eligible caregivers can receive up to 26 weeks of EI benefits to replace part of their income while providing end-of-life care or support.
The key distinction is simple: employment law protects your time away from work and your job; EI provides income. You can have a job-protected leave even if you don’t qualify for EI benefits.
On This Page:
- 1. How Long Is Compassionate Care Leave?
- 2. Who Qualifies?
- 3. Is Compassionate Care Leave Paid?
- 4. Medical Certificate & Taking Leave
- 5. Job Protection & Returning to Work
- 6. What If Your Employer Refuses or Fires You?
How Long Is Compassionate Care Leave in Canada?
Eligible employees generally receive about 27–28 weeks of unpaid, job-protected compassionate care leave.
That range reflects the compassionate care or equivalent end-of-life family leave available in Ontario, Alberta, British Columbia and federally regulated workplaces.
The leave is intended for a serious medical condition where a health practitioner confirms that the person has a significant risk of dying within 26 weeks.
Does the family member have to die within 26 weeks?
No. The medical requirement is a significant risk of death within 26 weeks—not a prediction that the person will definitely die during that period.
A family member can survive beyond the period stated in the certificate. Depending on the applicable employment law and any later medical certification, additional leave can also become available.
Can you take the leave in separate periods?
Yes. Compassionate care leave can generally be taken in separate blocks rather than all at once.
The detailed rules about minimum blocks and how partial weeks are counted belong to the provincial or federal leave rules that apply to your workplace.
Who Qualifies for Compassionate Care Leave?
Employees who need time away from work to care for or support a qualifying family member nearing end of life can be entitled to compassionate care leave.
The leave can cover more than hands-on medical care. “Care or support” can include:
- Helping with the person’s daily care
- Arranging outside or professional care
- Providing emotional or psychological support
- Spending time with and supporting the person near the end of life
Who counts as a family member?
Compassionate care protections cover a broad range of close family relationships and can also extend to someone who is considered to be like family.
Common examples include:
- A spouse or partner
- A parent or step-parent
- A child or step-child
- A sibling
- A grandparent or grandchild
- Certain extended family members
- A person who has a relationship with you that is effectively like family, where the applicable rules recognize it
You do not necessarily have to live with the person you are caring for.
Do you need to work for your employer for a certain amount of time?
Many employees can qualify without long service, although some provinces impose a short minimum-employment requirement.
The provincial compassionate care pages handle those exact service requirements. Don’t assume that being a new or part-time employee automatically means you have no leave rights.
Is Compassionate Care Leave Paid in Canada?
Compassionate care leave is generally unpaid by the employer, but EI compassionate care benefits can provide up to 26 weeks of income support.
In 2026, EI compassionate care benefits pay 55% of average insurable weekly earnings, up to $729 per week.
To qualify for EI compassionate care benefits, employees generally need:
- At least 600 hours of insurable employment in the qualifying period
- A sufficient interruption or reduction in earnings
- A medical certificate confirming the person requires end-of-life care or support
- A qualifying family or family-like relationship
Your employer can also provide better paid caregiving leave through an employment contract, workplace policy or benefit plan.
Can family members share EI compassionate care benefits?
Yes. The 26 weeks of EI compassionate care benefits can be shared between eligible caregivers.
Caregivers can receive the benefits at the same time or one after another, but the total EI compassionate care entitlement for the same person cannot exceed 26 weeks within the applicable benefit window.
What if the person is critically ill but not nearing end of life?
Compassionate care leave is designed for end-of-life situations. A different caregiver leave can apply when someone is critically ill or injured but does not meet the end-of-life test.
See our Critical Illness Leave Canada guide for that situation.
Do You Need a Medical Certificate for Compassionate Care Leave?
Yes. Compassionate care leave normally requires medical certification confirming a serious medical condition and a significant risk of death within 26 weeks.
The certificate is generally completed by a doctor, nurse practitioner or other health practitioner authorized under the applicable rules.
It normally needs to confirm the legal medical criteria—not provide your employer with the person’s full diagnosis or detailed medical history.
Do you need the certificate before you stop working?
Not always. An urgent family medical situation can make it impossible to obtain the certificate before the leave begins.
Notify your employer as soon as reasonably possible and obtain the required medical documentation promptly.
Do not simply disappear from work without communicating with your employer when you are able to do so.
How much notice should you give your employer?
Tell your employer about the need for compassionate care leave as soon as you reasonably can.
If you know the leave will be needed in advance, give written notice with your expected start date. In an emergency, employment standards rules recognize that advance notice is not always realistic.
Keep your request, medical certificate and employer responses in writing wherever possible.
Is Your Job Protected During Compassionate Care Leave?
Yes. If you qualify for statutory compassionate care leave, your employer can’t punish you because you properly take it.
Your employer can’t simply refuse qualifying leave because:
- The workplace is short-staffed
- Your absence is inconvenient
- The employer thinks another family member should provide the care
- You have already used vacation or ordinary sick days
Job-protected leave is a statutory right, not a vacation request.
Do you get your job back afterward?
Protected compassionate care leave normally includes important reinstatement rights when you return.
The applicable employment standards law can require your employer to return you to your previous job or an equivalent or comparable position.
Your employer also can’t use your leave as a reason to demote you, reduce your pay or substantially diminish your position.
What if the family member dies while you are on leave?
Compassionate care leave does not necessarily continue for its full original period after the person dies.
A separate bereavement leave entitlement or employer bereavement policy can then apply.
If the death involves your child, additional protections can be relevant. See our guide to Death or Disappearance of a Child Leave.
Can You Be Fired While on Compassionate Care Leave?
Your employer can’t fire or discipline you because you requested or took protected compassionate care leave.
A termination during or shortly after leave should be reviewed carefully if the employer:
- Complained about how much time you needed away
- Refused to recognize the leave despite medical certification
- Pressured you to return before the leave ended
- Threatened your job if you continued caring for your family member
- Returned you to a substantially worse role
A genuine termination completely unrelated to the leave can still arise in some circumstances, but the protected absence can’t be used against you.
What if your employer says the leave isn’t approved?
If you meet the statutory requirements, your employer can’t turn a protected compassionate care leave into a discretionary request that it is free to reject.
Ask the employer to explain its refusal in writing. Keep your leave request and medical certificate, and get advice before resigning or simply stopping work.
Are you owed severance if you’re fired?
If your employment ends, your full termination and severance rights still need to be assessed.
If the termination was connected to your protected leave, additional employment-standards remedies can also be available.
If you are terminated, don’t sign a release before having your full severance package reviewed—you may be owed as much as 24 months’ pay.
Compassionate Care Leave by Province
The national rule is consistent: compassionate care leave protects eligible employees who need time away for end-of-life family care. Provincial pages handle the exact service, notice and leave-taking rules.
- Compassionate Leave Ontario: End-of-life caregiving is protected primarily through Family Medical Leave, which provides up to 28 weeks of unpaid, job-protected leave.
- Compassionate Care Leave Alberta — Alberta eligibility, medical certification, 27-week leave and reinstatement rights.
- Compassionate Care Leave British Columbia — B.C. eligibility, 27-week leave and job-protection rules.
- Federally Regulated Employees — up to 28 weeks of compassionate care leave under the Canada Labour Code.
Compassionate Care Leave Canada FAQs
How many weeks is compassionate care leave in Canada?
Eligible employees generally get about 27–28 weeks of unpaid, job-protected compassionate care leave. EI can separately provide up to 26 weeks of compassionate care benefits.
How much does EI compassionate care pay?
In 2026, EI compassionate care benefits pay 55% of average insurable weekly earnings, up to $729 per week.
Do you need 600 hours for compassionate care leave?
The 600-hour requirement applies to EI compassionate care benefits—not automatically to your right to job-protected leave from your employer.
Can compassionate care benefits be shared?
Yes. Eligible caregivers can share the 26 weeks of EI compassionate care benefits. They can receive benefits at the same time or at different times.
Can you take compassionate leave for a friend?
You can qualify in some situations when the person is considered to be like family, even if you are not related by blood or marriage. The relationship must meet the rules that apply to the leave or EI benefit you are claiming.
Is compassionate care leave the same as critical illness leave?
No. Compassionate care leave is aimed at end-of-life care where there is a significant risk of death within 26 weeks. Critical illness leave covers qualifying serious illnesses or injuries without requiring the same end-of-life test.
Get Help With a Compassionate Care Leave Problem
Compassionate care leave exists so eligible employees can support a gravely ill family member without having to give up their employment.
Samfiru Tumarkin LLP helps non-unionized employees deal with denied leaves, pressure to return early, failed reinstatement and termination during or after protected leave.
If your employer has changed or ended your employment because you took compassionate care leave, our employment lawyers can protect your rights and secure the full severance pay and compensation you are legally entitled to receive.