In Ontario, employees facing the responsibility of caring for ill or critically injured family members are protected under the Employment Standards Act (ESA). While the term “Family Responsibility Leave” is not explicitly defined in Ontario law, the ESA provides specific job-protected leaves for caregiving purposes. This blog outlines the types of leaves available, eligibility criteria, and how to navigate the process to support your family.

‍

1. Types of Family Caregiving Leaves

Ontario’s ESA recognizes three key leaves for employees caring for family members:

‍

A. Family Caregiver Leave

• Purpose: To care for a critically ill adult family member (18+).
• Duration: Up to 8 weeks per calendar year.
• Definition of Family Member: Includes spouses, parents, siblings, grandparents, grandchildren, and any relative dependent on the employee.

‍

B. Critical Illness Leave (for a Child)

• Purpose: To care for a critically ill child (under 18).
• Duration: Up to 37 weeks in a 52-week period.
• Eligibility: Requires a medical certificate confirming the child’s critical illness.

‍

C. Compassionate Care Leave

• Purpose: To provide care or support to a family member nearing end-of-life (with a significant risk of death within 26 weeks).
• Duration: Up to 28 weeks per 52-week period.

‍

2. Key Features of Caregiving Leaves

• Unpaid but Job-Protected: Employers must hold your position or offer a comparable role upon return.
• No Minimum Tenuity: Eligible from your first day of employment (no prior service required).
• Flexible Use: Leave can be taken intermittently (e.g., a few days at a time).

‍

3. Eligibility and Documentation

• Medical Certificate: Required for Critical Illness Leave and Compassionate Care Leave, signed by a physician, nurse practitioner, or other authorized healthcare provider.
  
  • Must confirm the family member’s condition and need for care.
  • No Diagnosis Disclosure: Employers cannot demand specifics about the illness.
• Notice to Employer: Provide reasonable notice as soon as possible (e.g., written notice for planned leave).

‍

4. Federal Employment Insurance (EI) Support

Employees taking these leaves may qualify for federal EI caregiving benefits:

• Family Caregiver Benefits for Adults: Up to 15 weeks of income replacement (55% of earnings, max $668/week in 2024).
• Family Caregiver Benefits for Children: Up to 35 weeks for critically ill children.
• Compassionate Care Benefits: Up to 26 weeks for end-of-life care.

Note: EI benefits require 600 insured hours worked in the past year.

‍

5. Employer Obligations

• Maintain Benefits: Continue health/dental benefits if the employee pays their share.
• No Reprisals: Prohibited from penalizing, demoting, or terminating employees for taking leave.
• Confidentiality: Medical information must be kept private.

‍

6. Steps to Request Leave

1. Inform Your Employer: Provide verbal or written notice, specifying the type of leave needed.
2. Submit Documentation: Obtain and share the required medical certificate (if applicable).
3. Apply for EI Benefits: File your claim with Service Canada promptly to avoid delays.
4. Stay in Communication: Update your employer about any changes to your return date.

‍

7. Common Pitfalls to Avoid

• Delaying Documentation: Secure medical certificates early to prevent disputes.
• Overlooking EI Deadlines: Apply for EI within 4 weeks of starting leave.
• Misunderstanding Eligibility: Confirm which leave applies to your situation (e.g., adult vs. child caregiving).

‍

8. What If Your Rights Are Violated?

If your employer denies leave, retaliates, or refuses reinstatement:

1. File a Complaint: Contact the Ontario Ministry of Labour within 2 years of the violation.
2. Human Rights Claim: If discrimination is involved, submit to the Human Rights Tribunal of Ontario (HRTO).

‍

9. Practical Tips for Employees

• Know Your Family Definition: Ontario’s ESA includes a broad range of relatives (e.g., in-laws, stepfamily).
• Plan Financially: Use EI benefits, savings, or employer top-up programs (if available).
• Seek Support: Connect with organizations like the Canadian Cancer Society or Legal Aid Ontario for guidance.

‍

Conclusion

Ontario’s caregiving leaves ensure you can prioritize family health without jeopardizing your job. By understanding your rights under the ESA, coordinating with healthcare providers, and leveraging federal EI benefits, you can navigate these challenging situations with confidence. Always document communications and seek legal advice if disputes arise.

‍

Free Consultation with London Employment Lawyers

Ontario’s laws provide critical protections for employees during mass layoffs, ensuring they receive fair notice, severance pay, and support. If you’re affected by a group termination, understanding your rights and seeking professional advice can help you navigate this challenging time and secure the compensation you deserve. Please do not hesitate to contact our experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (548) 489-2006 or fill out the contact form.