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Compassionate Care Leave

 

What is compassionate care leave?

Compassionate Care Leave may enable an employee to receive up to eight (8) weeks of unpaid leave to provide care to a family member who has a serious medical condition and a significant risk of death within a specified 26 week period.

(section 43.14(1) of the Labour Standards Act)

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Who can take Compassionate Care Leave?

Employees under provincial jurisdiction and employed with the same employer for 30 days qualify for compassionate care leave.

(section 43.14(1) of the Labour Standards Act)

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For which of my family members may I take compassionate care leave?

An employee may take compassionate leave to care for any of the following family members of the employee: child, wife/husband or co-habating partner, parent or step-parent, common-law partner or your father or mother, siblings, step-siblings, grandparents or step-grandparents, grandchildren and their spouse or common-law partner, “in-laws” (including father, mother, son, daughter, brother and sister) either married or common-law, aunts, uncles, nephews/nieces and their spouses or common-law partners, current or former wards, and current or former guardians and their spouse or common-law partner.

(section 11.1 of the Labour Standards Regulations)

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For which of my spouse’s or common-law partner’s family members may I take compassionate care leave?

An employee may take compassionate care leave to care for any of the following family members of the employee’s spouse or common-law partner: child, father/mother either married or common-law, siblings, step siblings, grand parents, grandchild, son-in-law, and daughter-in-law either married or common-law, aunt, uncle, nephew, niece, current or former foster parents and current or former wards.

(section 11.1 of the Labour Standards Regulations)

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 Other than relatives or family members, are there other individuals for whom an employee may take compassionate care leave?

Yes, an employee may take compassionate care leave to care for an individual with a serious medical condition who, although not related to the employee by blood, adoption, marriage, or common-law partnership, considers the employee to be like a close relative.

(section 11.1(0) of the Labour Standards Regulations)

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How do I access Compassionate Care Leave?

You should give your employer at least two weeks written notice before the leave is to begin. This notice should indicate the length of leave you intend to take. At least two weeks written notice should also be provided for any change to the intended length of leave. A medical certificate from a legally qualified medical practitioner should be provided stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from the date the certificate is issued, or the day the leave began, if leave began before the certificate was issued.

(section 43.15 (1)(2)(3)(4) of the Labour Standards Act)

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Do I have to take all 8 weeks at one time?

No, the Leave may be broken up but it must be taken in minimum blocks of one week.

(section 43.14(6) of the Labour Standards Act)

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What happens when I want to return to work?

An employer must reinstate an employee with terms and conditions of employment that are not less beneficial than those that subsisted before the leave began.

(section 43.16(3) of the Labour Standards Act)

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