Caregivers: Taking a leave of absence to care for a senior experiencing a loss of autonomy

If you need to take time off work to care for your family member or friend for a few hours or days from time to time (because of a health condition, for example), the number of days you’re entitled to depends on the rules that apply to your job.

• Provincial rules: You may be absent from work for up to 10 days per year.
• Federal rules: You may be absent from work for up to 5 days per year.

The days can be consecutive or non-consecutive. If your employer authorizes it, you can also divide the days, by taking two half-days instead of a full day, for example.

Family or parental obligations (Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST))

Types of leaves offered to federally regulated employees  (Government of Canada)

Important

The leave of absence you take to fulfill your obligations toward your family member or friend experiencing a loss of autonomy falls into the same category as leave you take to fulfill other family obligations.

This means you may not be able to take the full 5 or 10 days to care for your family member or friend if you’ve already taken leave to care for your children, for example.

Your employer may have to pay you for this leave

If you’ve been working continuously for your employer for at least 3 months, your employer must, with some exceptions, pay you for some of the days you take to care for your family member or friend:

• Provincial rules: the first 2 days are paid by the employer
• Federal rules: the first 3 days are paid by the employer

Any additional days off are at your own expense.

If you’ve been working continuously for your employer for less than 3 months, all the leave you take to care for your family member or friend is at your own expense.

You must inform your employer of your absence as soon as possible

If you have to take a few hours or days off work, you must tell your employer as soon as possible. The procedure varies depending on the rules that apply.

• Provincial rules: The law does not require any specific formalities for notifying your employer. You can inform your employer in writing or by telephone, for example.
  
  However, if your family member or friend is not a close relative (e.g., your mother, father, or spouse), you need to provide an attestation confirming that you’re this individual’s caregiver. You can get an attestation from a health and social services professional (e.g., nurse, doctor, psychologist, social worker, etc.).
• Federal rules: You must inform your employer in writing and specify the reasons for your absence and how much time you expect to take off.

Note

Regardless of the rules that apply to you, your employer can ask you to provide other documents attesting to the reasons for your absence.

If you need to take several weeks off to care for your family member or friend, the number of weeks you’re entitled to depends on the rules that apply to your job and on your family member or friend’s health.

• Provincial rules: You can take leave for up to 16 weeks over a period of 12 months if you’re required to stay with a family member or friend because of a serious illness or a serious accident.
  
  If your family member or friend has a potentially fatal illness, you can take leave for up to 27 weeks.

Natural caregivers (Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST))

• Federal rules:You can take leave for up to 17 weeks over a period of 52 weeks to care for or support a family member or friend who is critically ill. This is also known as “Leave Related to Critical Illness”.
  
  If there’s a significant risk that your family member or friend will die, you can take leave for up to28 weeks. This is known as “Compassionate Care Leave”.

Leave related to critical illness (Government of Canada)

Compassionate care leave (Government of Canada)

You may receive employment insurance benefits during your leave of absence

The law does not require your employer to pay you for periods of extended absence. However, you could be entitled to certain employment insurance benefits.

For example, you could receive up to 15 weeks of benefits to care for a family member or friend who is critically ill or injured, and up to 26 weeks of benefits if there’s a significant risk that your family member or friend will die.

If you’re not the only person caring for your family member or friend and several of you claim these benefits, the amount will be divided among you.

To get these benefits, you have to provide a certificate that:

• states that your family member or friend is critically ill,
• states that your family member or friend requires care and support,
• sets out the period during which your family member or friend requires care and support, if applicable,
• states that the risk of death of your family member or friend is imminent, if applicable.

You can get this certificate from a doctor or nurse.

EI caregiving benefits and leaves (Gouvernement du Canada)

Do you have group insurance with your employer?

Find out whether your group insurance plan provides coverage for caregivers who need to take time off from work. You may be able to obtain benefits in addition to employment insurance.

You must inform your employer as soon as possible and provide them with supporting documents

If you need to be away from work for several weeks, you must inform your employer as soon as possible. The procedure varies depending on the rules that apply to you.

• Provincial rules: The law does not require any specific formalities for notifying your employer. You can inform you employer in writing or by telephone, for example.

  However, if your family member or friend is not a close relative (e.g., your mother, father, or spouse), you need to provide an attestation confirming that you’re this individual’s caregiver. You get an attestation from a health and social services professional (e.g., nurse, doctor, psychologist, social worker, etc.).

• Federal rules: You must inform your employer in writing and specify the reasons for your absence and how much time you expect to take off.

  With some exceptions, if you plan to be away from work for more than 4 weeks, you must send your notice at least 4 weeks before your leave begins.

Regardless of the length of your leave, you must provide your employer with a certificate confirming that your family member or friend is critically ill and, if applicable, that:

• states that your family member or friend requires care or support,
• sets out the period during which your family member or friend requires care and support,
• states that there’s a significant risk that your family member or friend will die.

You can get this certificate from a health care practitioner.

Your working conditions are protected during your absence

With some exceptions, when you return to work after your absence, your employer is obligated to reinstate you in the same position you held before taking leave.

Your absence will not affect:

• your right to benefits you would have received if you had remained at work (e.g., a salary increase),
• your participation in a pension or group insurance plan (as long as you continue to make contributions).

If the federal rules apply to you and you want to take a shorter leave than originally planned, be sure to inform your employer as soon as possible. Otherwise, your employer could postpone your return to work for up to four weeks.