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These Web Pages provide general information only and cannot be relied upon as legal advice. Laws change over time. Applicability of the legal principles
discussed may differ substantially in individual situations. You should get legal advice for your particular situation.
Did you know that you may be entitled to job-protected leave from your job if an immediate family
member falls gravely ill? The Employment Standards Act, 2000 provides employees up to 8 weeks of
family medical leave during a 26 week period. This leave allows the employee to provide care and
support to certain family members who are suffering from a serious medical condition and where the
risk of death is imminent.

All employees, whether full-time or part-time, permanent or contract, who are covered by the
Employment Standards Act 2000 are entitled to family medical leave.

The family members for whom family medical leave may be taken are the employee’s spouse,
parent (including step and foster parents) and children (including step and foster children).

Employees are entitled to time off for up to 8 weeks in a 26-week period.

Although leave must be taken in one week periods, the whole 8 weeks does not have to be
taken consecutively.

Family members must share the 8 weeks of leave.

The leave is unpaid. However, employees may be entitled to 6 weeks of compassionate care
benefits from the Federal government.

Employees may also be entitled to 10 days unpaid emergency leave in respect of the same
family member.

Employees who plan on taking family medical leave must obtain a certificate from a physician
confirming the medical condition and the risk of death. They must also notify their employer
in writing of their intent to take family medical leave.

During the course of the leave, the employee’s job and seniority are protected.

During the course of the leave, the employer is not required to pay the employee’s wages, but
is required to pay its share of the premiums to certain benefit plans.

For more information about Family Medical Leave contact the Employment Standards Information
Centre at 1-800-531-5551.

For information about Compassionate Care Benefits contact your local HRSDC office, which can be
found in the Blue Pages of your phone book.
The Windsor-Essex Bilingual
Legal Clinic is funded by
Legal Aid Ontario
Family Medical Leave
Home > Employment Law > Employment Standards > Family Medical Leave
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