Medical Leaves

Organ donation leave is unpaid, job-protected leave of up to 26 weeks for the purpose of undergoing surgery to donate all or part of an organ.

An employee must have worked with the employer for more than 13 weeks to be eligible for this leave. Written notice must be provided to the employer four weeks before the leave begins. The employee must also notify the employer as soon as possible about their return date. An employer may ask for a medical certificate with the notice.

Upon return, an employee is entitled to return to the same job if the employment leave is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to a comparable job. The employee must receive at least the same wage and benefits as before the leave.

Critically Ill Child Care Leave is an unpaid, job-protected leave of up to 37 weeks. This leave can be taken in one block of time or in multiple blocks of time within a 52-week period providing no block is shorter than one week in duration.

Parents are eligible for this leave to provide care or support to a critically ill or injured child. Eligible parents who take this leave from work may be eligible for Employment Insurance Special Benefits for Parents of Critically Ill Children. Visit a Service Canada Office or call them toll-free at 1-800-206-7218.

An employee must have worked with the employer for more than 13 consecutive weeks to be eligible for this leave. Written notice must be provided to the employer as soon as possible before the leave begins. The employee must also notify the employer as soon as possible on their return date.

Upon returning, an employee is entitled to return to the same job if the employment leave is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to a comparable job. The employee must receive at least the same wage and benefits as before the leave.

Critically ill adult leave is an unpaid, job protected leave of up to 17 weeks to care for an adult family member who is critically ill or injured.

An employee must have worked with the employer for at least 13 weeks to be eligible for this leave. Written notice must be provided to the employer as soon as possible before the leave begins. The employee must also notify the employer as soon as possible on their return date.

The employer can request a medical certificate from a qualified medical practitioner. The medical certificate needs to confirm that the family member is ill and needs their assistance.

Upon returning, an employee is entitled to return to the same job if the employment leave is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to a comparable job. The employee must receive at least the same wage and benefits as before the leave.

For more information about eligibility for Employment Insurance benefits, please contact Service Canada at 1-800-206-7218.

Compassionate Care leave is an unpaid, job-protected leave of up to 28 weeks. This can be taken in single or multiple blocks of time within a 52-week period providing no block is shorter than one week in duration. The leave is intended to provide employees the opportunity to provide care and support to a family member who is gravely ill and who has a significant risk of death within 26 weeks.

You can receive compassionate care benefits for a variety of family members – both yours and those of your spouse or common-law partner.

To be eligible for this leave, an employee must have worked with the employer for more than 13 consecutive weeks. Written notice must be provided to the employer as soon as possible before the leave begins. The employee must provide a doctor's note at the employer's request. The employee must notify the employer of their intended return to work date as soon as possible.

The employee can return to the same job if the leave is 60 days or less. The employer may reinstate the employee into a comparable job if the leave is longer than 60 days. The employee must receive at least the same rate of pay and benefits as before the leave.

Employees who take this leave may be eligible for Employment Insurance Compassionate Care Benefits through Service Canada. Contact Service Canada toll-free at 1-800-206-7218 for more information.

Note: Under employment insurance rules for compassionate care leave, a common-law partner is a person who has been living in a conjugal relationship with another person for at least a year.

Under Canada's Employment Insurance Act, employees can receive leave to care for their family members or a family member of a spouse or common-law partner. Refer to the Employment Insurance Act for clarification.