Employer Responsibilities for Family Medical Care Leave

February 12, 2013, by HR à la carte | Work Environment and Policies

With Family Day coming up in many Canadian jurisdictions we thought this was a good time to write about Family Medical Care Leave (or Compassionate Care Leave in some jurisdictions).  We often get questions from clients about what their responsibilities are when an employee requests a leave of this nature.  Here’s what you need to know, based on Ontario’s Employment Standards Act.  Other jurisdictions in Canada have similar leaves with minor variations, please ensure you check the appropriate provincial legislation):

• Your employees are entitled to take up to 8 weeks of unpaid leave within a 26 week period to care for a family member who is gravely ill and who has significant risk of death within 26 weeks.  This applies to all employees, whether full- or part-time, or contractors.
• A family member is considered to be any member of an employee’s family or their spouse’s family.  However, the definition of family may be extended for a person who considers your employee to be like a family member.  In that case, the employee will have to complete a copy of the Compassionate Care Benefits Attestation form available at Human Resources and Skills Development Canada.
• To qualify for the leave, your employee must provide you with a medical certificate issued by a medical practitioner.  Your employee is responsible for obtaining the certificate and paying any costs associated with it.  However, it’s important to note that they do not need to have it readily available before being able to start the leave.
• Your employees may be eligible for up to 6 weeks of EI benefits (compassionate care benefits).
• Both seniority and benefits accrue during the leave period; meaning your employee accrues vacation and any other seniority-based benefits.
• Your employee has to take the leave in minimum 1 week increments
• The leave can be renewed for another 8 weeks as long as a medical practitioner continues to issue additional certificates with respect to the same family member.
• Note:  in Ontario there is no requirement for your employee to be employed a particular amount of time before becoming eligible for the leave.  Other jurisdictions have different requirements.   For example, in Saskatchewan employees need to have been employed for 13 consecutive weeks; in Manitoba it’s 30 days.