Critical illness leave

Critical illness leave is unpaid, job-protected time off to care for a family member whose life is at risk. Limits differ for children and adults.

Also called: leave for a critically ill child, critical illness or injury leave

What critical illness leave means

Critical illness leave lets an employee take time off to care for or support a family member who is critically ill or injured and whose life is at risk. It is unpaid under employment standards law, and the job is protected.

Most jurisdictions set two lengths: a longer leave when the ill person is a child and a shorter one when they are an adult. The age line is under 18 in most places we checked, and under 19 in British Columbia.

It is different from compassionate care leave. Compassionate care leave is tied to a significant risk of death within 26 weeks. Critical illness leave covers a life-threatening illness or injury where the person may well recover, such as a child going through cancer treatment or an adult after a serious accident.

How it works

The employee gives you notice and, usually, a certificate from a medical practitioner saying the family member is critically ill and needs the employee's care or support. The certificate often sets the period the leave covers. Keep it confidential and separate from performance files.

Many provinces let the leave be split. Alberta allows it in instalments of at least one week and asks for two weeks' written notice where possible. Saskatchewan allows blocks of at least one week within a 52-week period. Agree on a simple way for the employee to tell you about each block.

Check the service requirement. Some jurisdictions require a minimum time with you before the employee qualifies, and the requirement can differ between the child and adult versions of the leave. Manitoba, for example, requires 30 days for the child leave and 90 days for the adult leave.

Plan for a long absence. Up to 37 weeks is most of a year. Hire temporary cover if you need it, keep in touch at a pace the employee is comfortable with, and do not treat the leave as a reason to end the job or to change the employee's role when they return.

Critical illness leave by province

Lengths and eligibility differ, especially between leave for a child and leave for an adult.

Where the work is done	The rule
Federal	Up to 37 weeks for a critically ill child under 18 and up to 17 weeks for a critically ill adult. Unpaid.
British Columbia	Up to 36 weeks for a family member under 19 at the start of the leave, and up to 16 weeks for a family member 19 or older. A certificate is required.
Alberta	Up to 36 weeks for a critically ill child and 16 weeks for an adult family member. Can be split into instalments of at least one week; two weeks' written notice and a medical certificate are required.
Saskatchewan	Up to 37 weeks for a critically ill child, in blocks of at least one week within 52 weeks, and up to 17 weeks for a critically ill adult. The adult leave requires at least 13 weeks with the employer.
Manitoba	Up to 37 weeks within 52 weeks for a child under 18 (30 days of service needed), and up to 17 weeks for an adult (90 days of service needed).
Ontario	Up to 37 weeks for a critically ill minor child and up to 17 weeks for an adult. Generally requires six months of employment.

We could not confirm current rules for Quebec, the Atlantic provinces or the territories. Check with that office.

Example: A child's treatment at a Brandon garage

Luis runs an 8-person auto repair shop in Brandon, Manitoba. His service writer Grace, who has worked there for 4 months, learns that her 9-year-old son needs months of cancer treatment. She brings a doctor's certificate saying he is critically ill and needs her care.

Manitoba allows up to 37 weeks within 52 weeks for a critically ill child, and Grace has more than the 30 days of service needed. Luis confirms the leave in writing, asks her to let him know as early as she can about any changes, and splits her duties between two other staff for now.

Hollis tracks the dates

Hollis, part of the Staffkin HR Suite, tracks leave return dates, so you can see when an employee on critical illness leave is expected back.

Try Hollis live

Free tools and guides for this

Questions about critical illness leave

How long is critical illness leave for a child?

Up to 37 weeks federally and in Ontario, Saskatchewan and Manitoba, and up to 36 weeks in British Columbia and Alberta.

Is critical illness leave paid?

Not by the employer under employment standards law. Employees may be able to get federal EI caregiving benefits, which are separate from the leave.

What is the difference between critical illness leave and compassionate care leave?

Compassionate care leave is for a family member at significant risk of death within 26 weeks. Critical illness leave is for a life-threatening illness or injury where the person may recover.

Official sources

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.