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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 weeks

Who 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.

EI benefit: Paired with EI Compassionate Care Benefits (up to 26 weeks of income support at 55% of insurable earnings, shared among eligible family members).

Family Caregiver Leave for Adults

Up to 17 weeks

Who 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.

EI benefit: Paired with EI Family Caregiver Benefit for Adults (up to 15 weeks of income support at 55% of insurable earnings).

Family Caregiver Leave for Children

Up to 37 weeks

Who 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.

EI benefit: Paired with EI Family Caregiver Benefit for Children (up to 35 weeks of income support at 55% of insurable earnings, shareable among eligible caregivers).

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.

ProvinceDurationNotes
OntarioUp to 28 weeks (family medical); up to 37 weeks (critically ill adult)Unpaid, job-protected. Requires medical certificate.
British ColumbiaUp to 27 weeks (compassionate); up to 36 weeks (critical illness adult)Unpaid, job-protected. Mirrors federal structure.
AlbertaUp to 27 weeks (compassionate); up to 16 weeks (critical illness adult)Unpaid, job-protected. Medical certificate required.
QuebecUp to 104 weeks for serious illness of a close relativeQuebec has its own parental insurance plan (QPIP); EI compassionate care benefits also available.
ManitobaUp to 28 weeks (compassionate); up to 17 weeks (serious illness)Unpaid, job-protected.
SaskatchewanUp to 27 weeks (compassionate); up to 17 weeks (critically ill adult)Unpaid, job-protected.
Nova ScotiaUp to 28 weeks (compassionate); up to 17 weeks (critically ill adult)Unpaid, job-protected.
New Brunswick / PEI / NewfoundlandUp to 28 weeksUnpaid, job-protected. Check each province's current standards for critical illness provisions.
Provincial legislation changes periodically. Always verify current entitlements with your province's employment standards office or a legal professional.

Practical steps to take

01

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.

02

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.

03

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.

04

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.

05

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.