Job-Protected Leave in Canada by Province: Bereavement, Caregiver, Critical Illness and Violence Leave

Besides sick days and parental leave, every province and the Canada Labour Code let employees take time off for a death in the family, a family emergency, a seriously ill relative or domestic violence without losing their job. These are job-protected leaves: your employer has to let you go and has to take you back. Most of them are unpaid, but a few now start with a handful of paid days. Which rules apply depends on your employer: banks, airlines, telecommunications companies, interprovincial transport and other federally regulated employers follow the Canada Labour Code, and everyone else follows the employment standards law of the province where they work.

This page compares six leaves: bereavement, family responsibility, compassionate care, critical illness, domestic violence and jury duty. Time off for your own illness is covered in the sick leave guide, and maternity and parental leave in the guide to parental leave rights by province. The rest of your rights at work are in the workplace rights hub.

The leaves at a glance

Days and weeks are per calendar year or per 52-week period unless a section below says otherwise, and leave is unpaid unless the table says some days are paid. Each section below gives the eligibility rules. The territories set their own rules: see the Yukon, Northwest Territories and Nunavut employment standards pages.

Bereavement leave

Bereavement leave covers time off after the death of a family member. Which relatives count, and whether any days are paid, differ widely.

• Federal: up to 10 days when a member of your immediate family dies, taken in 1 or 2 periods between the day of the death and 6 weeks after the funeral, burial or memorial service. The first 3 days are paid once you have 3 consecutive months of continuous employment. If your child, or your spouse’s or common-law partner’s child, dies, you can take up to 8 weeks. Pregnancy loss is a separate federal leave: up to 8 weeks after a stillbirth, or 3 days in any other case.
• British Columbia: up to 3 days of unpaid leave when an immediate family member dies. The days don’t have to be consecutive or start on the day of death.
• Ontario: up to 2 days of unpaid leave each calendar year for the death of certain family members, after at least two consecutive weeks of employment. The days can be used at the time of death or later, for a funeral, memorial or estate matters.
• Quebec: 5 days, 2 of them paid, for the death of a spouse, child, spouse’s child, parent, brother or sister, regardless of how long you have worked there; 1 unpaid day for the death of a son- or daughter-in-law, grandparent, grandchild, or spouse’s parent, brother or sister. If your minor child dies, the leave can be up to 104 weeks without pay.
• Alberta: 3 days of unpaid bereavement leave per calendar year, not per death, after at least 90 days with the same employer. It also applies to pregnancy loss.
• Saskatchewan: five days of unpaid leave after more than 13 weeks of employment, for the death of an immediate family member or someone you consider a close relative, or a pregnancy loss. It must be taken within six months.
• Manitoba: up to five unpaid days for the death of a family member, and up to five days for a pregnancy loss, after at least 30 days with the same employer.
• New Brunswick: up to five consecutive unpaid days when a person in a close family relationship dies, starting no later than the day of the funeral.
• Nova Scotia: up to five working days in a row, unpaid, when a spouse, parent, guardian, child, grandparent, grandchild, sibling or in-law dies.
• Prince Edward Island: one paid day and two consecutive unpaid days on the death of an immediate family member (spouse, or a child, parent or sibling of you or your spouse); three consecutive unpaid days for another family member. A pregnancy loss or stillbirth also qualifies.
• Newfoundland and Labrador: three days, one paid and two unpaid, after 30 days with the same employer; two unpaid days if you have worked there less than 30 days.

Family responsibility and personal leave

These short leaves cover a family member’s illness, a child-care emergency or another urgent family matter. In several provinces the same days also cover your own illness, so using them for one purpose leaves fewer for the other.

• Federal (personal leave): up to 5 days per calendar year to care for a family member’s health, deal with a family member’s education (under 18), handle an urgent situation, or attend your citizenship ceremony. The first 3 days are paid once you have 3 consecutive months of continuous employment.
• British Columbia: up to 5 days of unpaid leave each employment year for the care, health or education of a child under 19 in your care, or the health of another immediate family member.
• Ontario: up to three days of unpaid family responsibility leave each calendar year for an illness, injury, medical emergency or urgent matter relating to certain relatives, after at least two consecutive weeks of employment. Ontario’s 3 sick days are a separate leave.
• Quebec: 10 days a year for the care, health or education of your child or your spouse’s child, or the health of a family member or someone you are an informal caregiver for. In Quebec, a worker with 3 months or more of uninterrupted service is paid for the first 2 days of absence in a calendar year, one pool shared by illness, family or caregiving obligations, organ or tissue donation, and domestic or sexual violence.
• Alberta: In Alberta, an employee with at least 90 days with the same employer can take up to 5 days of unpaid personal and family responsibility leave each calendar year, for their own health or for family responsibilities.
• Saskatchewan: the 12 days a year of job-protected absence for illness also cover the illness or injury of a dependent member of your immediate family, after more than 13 consecutive weeks of employment. The details are in the sick leave guide.
• Manitoba: In Manitoba, an employee with at least 30 days with the same employer can take 3 unpaid days of family leave a year, for their own illness or the needs of their family.
• New Brunswick: up to three unpaid days a year for the health, care or education needs of a person in a close family relationship.
• Nova Scotia: up to three unpaid days a year to care for an ill parent, child or family member, which can also be used for medical, dental or similar appointments. Nova Scotia’s 5 sick days are separate.
• Prince Edward Island: three unpaid days a year to care for or support a family member, after 30 days with the same employer.
• Newfoundland and Labrador: In Newfoundland and Labrador, an employee with 30 days of continuous employment with the same employer gets 7 days of unpaid leave a year, one pool shared between sick leave and family responsibility leave.

The Quebec, Alberta and Manitoba rules in full:

• You need 3 months or more of uninterrupted service with your employer.
• You get a total of 2 days of absence with pay per calendar year (January 1 to December 31).
• The 2 days cover absences for a non-work-related accident or illness, family obligations for your child or your spouse's child, caring for a family member as an informal caregiver, organ or tissue donation, and domestic or sexual violence or a criminal offence.
• Unused days don't carry over to the next year and aren't paid out.

• You need at least 90 days of employment with the same employer.
• You can take up to 5 days each calendar year, and unused days don't carry over.
• The leave is for your own health or to meet your family responsibilities to a family member.
• Your employer doesn't have to pay wages during the leave unless your contract or collective agreement says so.

• You need at least 30 days of employment with the same employer.
• You get 3 unpaid days a year, and unused days don't carry over.
• The leave covers your own illness or the needs of your family.

Compassionate care leave

Compassionate care leave lets you care for a family member who is gravely ill with a significant risk of death, usually within 26 weeks, as stated in a medical certificate.

Federal: Federally regulated employees can take up to 28 weeks of unpaid compassionate care leave within a 52-week period to care for a family member with a serious medical condition and a significant risk of death within 26 weeks.

• You can take up to 28 weeks within a 52-week period, in one or more periods of at least 1 week.
• A certificate must state that your family member has a serious medical condition with a significant risk of death within 26 weeks.
• Two or more employees caring for the same family member share the 28 weeks.
• The leave is unpaid; EI compassionate care benefits can replace part of your income.

• British Columbia: up to 27 weeks of unpaid leave within a 52-week period to care for a family member who is terminally ill, with a medical certificate that the family member is at risk of death within 26 weeks. No minimum length of employment.
• Ontario (family medical leave): up to 28 weeks of unpaid leave in a 52-week period for a family member with a serious medical condition and a significant risk of death within 26 weeks, with no minimum length of employment. Ontario also has family caregiver leave, up to eight weeks per calendar year for each family member with a serious medical condition, without the risk-of-death test.
• Quebec: up to 16 weeks over 12 months to be with a family member, or someone you are a caregiver for, who has a serious illness or accident, and up to 27 weeks over 12 months if the illness is life-threatening.
• Alberta: up to 27 weeks, after at least 90 days with the same employer, when a family member is at significant risk of dying within 26 weeks.
• Saskatchewan: up to 28 weeks within a 52-week period, after more than 13 consecutive weeks of employment.
• Manitoba: up to 28 weeks, after at least 90 days with the same employer.
• New Brunswick: up to 28 weeks of unpaid leave for a person in a close family relationship with a serious medical condition and a significant risk of death within the next 28 weeks. There is no length-of-service requirement.
• Nova Scotia: up to 28 weeks within a 52-week period, after at least three months with the employer, for a family member (or a person who is like family) at significant risk of death within 26 weeks.
• Prince Edward Island: up to 28 work weeks of unpaid leave within a one-year period, in blocks of at least one work week, after 30 days, for a family member at significant risk of death within the next six months.
• Newfoundland and Labrador: up to 28 weeks within 52 weeks, after 30 days with the same employer, with at least two weeks’ written notice.

Critical illness leave

Critical illness leave covers caring for a family member whose health has changed significantly and whose life is at risk from an illness or injury. Most jurisdictions give a longer leave for a child than for an adult.

Federal: Federally regulated employees can take up to 37 weeks of unpaid leave in a 52-week period to care for a critically ill child under 18, or up to 17 weeks to care for a critically ill adult family member.

• You can take up to 37 weeks in a 52-week period to care for or support a critically ill or injured child under 18, with a separate 37 weeks for each child.
• You can take up to 17 weeks in a 52-week period to care for or support a critically ill or injured adult family member.
• A health care practitioner's certificate must state that the person is critically ill or injured and needs the care or support of one or more family members.
• The leave is unpaid; EI family caregiver benefits can replace part of your income.

• British Columbia: up to 36 weeks to care for a child and up to 16 weeks for a family member over the age of 19, unpaid.
• Ontario: up to 37 weeks for a critically ill minor child, or 17 weeks for a critically ill adult, within a 52-week period, after at least six consecutive months of employment.
• Quebec: up to 36 weeks over 12 months if your minor child is seriously ill or had a serious accident, extendable to a total of 104 weeks if the illness is life-threatening. For an adult relative, the 16- and 27-week leaves in the compassionate care section apply.
• Alberta: up to 36 weeks for a critically ill child and 16 weeks for a critically ill adult, after at least 90 days with the same employer.
• Saskatchewan: up to 37 weeks for a critically ill child and 17 weeks for a critically ill adult family member, after more than 13 consecutive weeks of employment.
• Manitoba: up to 37 weeks for a critically ill child under 18 (after at least 30 days of employment) and 17 weeks for a critically ill adult (after at least 90 days), within a 52-week period.
• New Brunswick: up to 37 weeks for a critically ill child under 18 and up to 16 weeks for a critically ill adult, unpaid.
• Nova Scotia: up to 37 weeks for a critically ill or injured child under 18 and up to 16 weeks for an adult, each within a 52-week time frame, after at least three months with the employer.
• Prince Edward Island: up to 36 work weeks within a one-year period to care for your minor child whose life is at risk from a critical illness or injury, after 90 days. The new Act has no separate leave for a critically ill adult; compassionate care leave covers a family member at risk of death.
• Newfoundland and Labrador: 37 weeks for a critically ill child and 17 weeks for a critically ill adult who is a family member, after 30 days with the same employer.

Domestic, sexual or interpersonal violence leave

These leaves give time off when you, or your child, experience domestic or sexual violence: to get medical care or counselling, see victim services, move, or deal with police and the courts.

• Federal: up to 10 days per calendar year if you, or a child of yours under 18, are a victim of family violence. The first 5 days are paid once you have 3 consecutive months of continuous employment.
• British Columbia: up to 5 days of paid leave and 5 more unpaid days per calendar year, plus up to 15 more weeks of unpaid leave if needed. The right doesn’t depend on how long you have been employed.
• Ontario: up to 10 days and 15 weeks in a calendar year; the first five days taken in the year are paid. You need at least 13 consecutive weeks of employment.
• Quebec: an unpaid absence of up to 26 weeks over a 12-month period, with the 2 paid days of absence available if you have 3 months of service and haven’t used them.
• Alberta: up to 10 days unpaid each calendar year, after at least 90 days with the same employer.
• Saskatchewan: up to 10 days, five paid and five unpaid, plus one unpaid leave of up to 16 weeks, after a minimum of 13 weeks with the employer.
• Manitoba: up to 10 days (taken together or as needed) and up to 17 weeks in one continuous period, within a 52-week period; up to five days are paid. You need at least 90 days with the same employer.
• New Brunswick: after more than 90 days, up to 10 days (taken intermittently or all at once) plus up to 16 weeks in one continuous period each calendar year; the first five days are paid.
• Nova Scotia: up to 10 days and up to 16 consecutive weeks per calendar year, after at least three months with the employer; up to five days are paid at your regular wage.
• Prince Edward Island: up to three paid days and seven unpaid days, after 90 days with the same employer.
• Newfoundland and Labrador: three paid days and seven unpaid days a year, after 30 days with the same employer, if you or a person you are a parent or caregiver to has experienced family violence.

Jury duty and court leave

Federally regulated employees are entitled to unpaid leave for the time needed to act as a witness, serve as a juror, or take part in jury selection, with written notice to the employer. British Columbia’s Employment Standards Act also gives unpaid jury duty leave to attend court as a juror. Nova Scotia, New Brunswick and Prince Edward Island also give unpaid leave to serve on a jury or appear as a witness; in New Brunswick, an employer that keeps paying you can ask you to hand over the jury fee. Newfoundland and Labrador’s Jury Act, 1991 goes further: an employer has to keep paying an employee summoned for jury service the same wages and benefits. Elsewhere, the province’s employment standards office or the court that issued your jury summons can confirm what protection applies.

Getting paid while you are away: EI benefits

Your employer doesn’t have to pay you during most of these leaves, but Employment Insurance can:

• EI compassionate care benefits pay for up to 26 weeks while you care for someone at significant risk of death.
• EI family caregiver benefits pay for up to 35 weeks for a critically ill or injured child and up to 15 weeks for a critically ill or injured adult.

Who qualifies, how much they pay and how to apply are in our guide to EI caregiving benefits. In Alberta, for example, the compassionate care and critical illness leaves are each one week longer than the EI benefit, in recognition of the EI waiting period. The paid days in the bereavement, personal and violence leaves above are paid by the employer.

Your job when you come back

A job-protected leave means your employer must take you back and can’t end your employment or penalize you for taking it. The federal rule, for example, is that you return to your former position or a comparable one in the same location with the same wages and benefits; Alberta’s is your same or an equivalent job; and in Saskatchewan it is the same job after a leave of 60 days or less, or a comparable job after a longer one. For federally regulated employees, seniority keeps accumulating during a leave, and pension, health and disability benefits continue during most leaves if you keep paying your usual contributions.

If an employer refuses a leave you are entitled to, or penalizes you for taking it, the remedy is a complaint to your employment standards office or, for federally regulated employers, the federal Labour Program. How to file one in each province is in our guide to filing an employment standards complaint. If you lose your job anyway, the wrongful dismissal guide explains what you can claim.