Caregiver rights
Caregiver Leave Provisions in Canada
If you are supporting a family member with cancer, Canadian law gives you the right to take time away from work. Here is what you are entitled to — and how to access it.
Caregiving is work — and the law recognizes it
Millions of Canadians provide unpaid care to a family member with a serious illness. Many do not realize they have a legal right to take job-protected leave to do so. Federal employment insurance and provincial employment standards legislation provide several overlapping protections for caregivers.
This guide covers the three main federal leave types available to caregivers, the EI benefits that can replace a portion of your income while you are on leave, and a province-by-province summary of additional protections. Understanding what you are entitled to is the first step to using it.
Federal caregiver leave types
Under the Canada Labour Code, federally regulated employees are entitled to the following job-protected leaves. Provincially regulated employees have equivalent protections under their provincial employment standards legislation — see the provincial section below.
Compassionate Care Leave
Up to 28 weeksWho it covers
Employees caring for a gravely ill family member who has a significant risk of death within 26 weeks
Eligibility
Available to federally regulated employees. A medical certificate from a physician is required. Leave can be shared among eligible family members caring for the same person.
Family Caregiver Leave for Adults
Up to 17 weeksWho it covers
Employees caring for a critically ill or injured adult family member
Eligibility
Available to federally regulated employees. A medical certificate is required confirming the family member has a critical illness or injury. The leave does not require a risk-of-death prognosis.
Family Caregiver Leave for Children
Up to 37 weeksWho it covers
Employees caring for a critically ill or injured child under 18
Eligibility
Available to federally regulated employees. A medical certificate is required. Applies when the child's life is at risk due to illness or injury.
Employment Insurance caregiver benefits
EI caregiver benefits replace a portion of your income while you are on an approved caregiver leave. The standard rate is 55% of your average insurable weekly earnings, up to a maximum set annually by the federal government.
To qualify, you must have accumulated at least 600 insurable hours of work in the past 52 weeks (or since your last EI claim). You must also have a medical certificate from a physician confirming your family member's condition.
EI caregiver benefits can be shared among eligible family members — for example, a daughter and a son can each take a portion of the available weeks to care for the same parent. You do not each get the full entitlement; the weeks are pooled.
Apply for EI as soon as you stop working. There is a one-week waiting period before benefits begin. Delaying your application can result in lost benefit weeks.
Provincial caregiver leave at a glance
Most provinces provide job-protected caregiver leave under their employment standards legislation. Entitlements vary — some provinces exceed the federal minimums. The table below summarizes key provisions. Always check the current legislation for your province, as rules change.
Practical steps to take
Get a medical certificate early
Most caregiver leaves require a physician's certificate confirming your family member's condition. Ask the treating physician for this documentation as soon as you know you may need leave — processing can take time.
Notify your employer in writing
Give your employer as much notice as reasonably possible. Put your leave request in writing, state the type of leave you are taking, and include the expected start and end dates. Keep a copy.
Apply for EI benefits promptly
Apply for EI caregiver benefits as soon as you stop working — do not wait until the medical certificate arrives. You can submit the certificate later. Delaying your application can cost you benefit weeks.
Coordinate with other family caregivers
If other family members are also eligible for caregiver leave, discuss how to share the available weeks. A coordinated plan ensures the person receiving care has consistent support and that no one caregiver is overwhelmed.
Understand your return-to-work rights
Caregiver leave is job-protected. Your employer must return you to your pre-leave position or a comparable one. If your role has changed or been eliminated, seek advice from an employment lawyer or your provincial employment standards office.
Key terms in plain language
Job-protected leave
Leave during which your employer cannot terminate your employment, and to which you have the right to return at the end of the leave period.
Insurable hours
Hours worked in insurable employment that count toward EI eligibility. Most employees in Canada accumulate insurable hours automatically through their payroll deductions.
Medical certificate
A document signed by a licensed physician confirming a family member's medical condition and, for some leave types, the risk of death or critical illness. Required to access most caregiver leaves.
Shared benefits
EI caregiver benefits that can be divided among multiple eligible family members caring for the same person. The total weeks available are pooled, not multiplied.
Federally regulated employer
Employers in industries under federal jurisdiction — banks, airlines, telecommunications, interprovincial transport, and federal Crown corporations. Their employees are covered by the Canada Labour Code rather than provincial employment standards.
Not sure which leave applies to your situation?
Work Beyond Cancer can help you understand your entitlements and connect you with the right resources for your province.