Compassionate care leave
Compassionate care leave is unpaid, job-protected time off to care for a family member who is gravely ill with a significant risk of death.
Also called: family medical leave, end-of-life care leave
What compassionate care leave means
Compassionate care leave lets an employee take time off to care for, or support, a family member who is gravely ill and at significant risk of dying. Ontario calls it family medical leave. The leave is unpaid under employment standards law, but the job is protected while the employee is away.
Most jurisdictions tie the leave to a medical certificate saying the family member has a serious medical condition with a significant risk of death within 26 weeks. The employee does not have to prove the person will die; the certificate is about the risk.
For a small employer, this is one of the hardest leaves to plan for. It can start with little warning, it may be taken in pieces, and it can end suddenly. A clear, kind process matters more than paperwork.
How it works
The employee tells you they need the leave and, if you ask, gives you a copy of the medical certificate. You do not need the diagnosis. Keep the certificate in a confidential file separate from performance records.
In most places the leave can be taken in separate blocks rather than all at once, as long as it falls within a set period. Alberta, for example, lets the leave be split into instalments of at least one week. Ask the employee to tell you each time they plan to be away and when they expect to return, so you can schedule cover.
In several provinces the weeks are a total that has to be shared. In Ontario, the 28 weeks of family medical leave are shared by all employees in the province who take the leave to care for the same family member. If two siblings work for different employers, their combined leave counts against the same 28 weeks.
The leave usually ends when the weeks run out, when the family member dies, or when the period covered by the certificate ends. A new certificate can start a new period in some provinces. If the family member dies, other leave, such as bereavement leave, may then apply.
Common mistakes: refusing the leave because the business is busy, asking for medical detail you do not need, and counting the absence in attendance reviews.
Compassionate care leave by province
Every jurisdiction we checked offers this leave, but the length, the name and the service requirement differ.
| Where the work is done | The rule |
|---|---|
| Federal | Up to 28 weeks to care for and support a gravely ill family member. |
| British Columbia | Up to 27 weeks of unpaid leave within 52 weeks. A medical practitioner or nurse practitioner must certify a significant risk of death within 26 weeks. |
| Alberta | Up to 27 weeks, which can be split into instalments of at least one week. The family member must be at significant risk of death within 26 weeks. |
| Saskatchewan | Up to 28 weeks of unpaid leave, which can be taken in blocks within a 52-week period. The employee must have worked for the employer for more than 13 consecutive weeks. |
| Manitoba | Up to 28 weeks of unpaid leave for employees with 90 days of service. |
| Ontario | Family medical leave of up to 28 weeks, shared by all employees who take it for the same family member. Requires a certificate of a serious medical condition with a significant risk of death within 26 weeks. |
| Quebec | Up to 27 weeks over 12 months to stay with a relative, other than the employee's minor child, who has a serious and potentially mortal illness shown by a medical certificate. |
We could not confirm current rules for the Atlantic provinces or the territories. Check with that office.
Example: A father's illness at a Regina print shop
Dana owns a 5-person print shop in Regina. Her press operator, Jun, who has worked there for two years, tells her his father has terminal cancer and he needs to spend time with him. He brings a doctor's certificate saying there is a significant risk of death within 26 weeks.
Saskatchewan allows up to 28 weeks of compassionate care leave, in blocks within a 52-week period. Dana and Jun agree he will take 3 weeks now and tell her a few days ahead of any further blocks. She files the certificate separately from his personnel file and moves a part-time worker to full-time hours while Jun is away.
Hollis drafts the letter
Hollis, part of the Staffkin HR Suite, drafts province-specific leave approval letters for you to review and send; it never sends on its own.
Try Hollis liveFree tools and guides for this
Questions about compassionate care leave
Is compassionate care leave paid?
Not by the employer under employment standards law. Employees may qualify for federal EI compassionate care benefits, which are a separate program.
Can an employee take compassionate care leave in pieces?
In most provinces, yes, as long as the blocks fall within the allowed period. Alberta requires each block to be at least one week.
What is compassionate care leave called in Ontario?
Family medical leave. It gives up to 28 weeks, shared among all employees caring for the same family member.
Related terms
Official sources
- Government of Canada: Types of leaves for employees in federally regulated workplaces
- Government of Canada: Compassionate care leave, interpretation
- Government of British Columbia: Compassionate Care Leave, Act Part 6, Section 52.1
- Government of Alberta: Compassionate care leave
- Government of Saskatchewan: Family Leaves
- Government of Manitoba: Unpaid leaves fact sheet
- Government of Ontario: Family medical leave
- CNESST: Interpretation guide, Act respecting labour standards, section 79.8.1
General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.
Checked against official sources on 4 November 2026.