Provincial Compassionate Leave

EP Update - April 7, 2004

The Provincial Government recently announced that it is preparing legislation that would provide an unpaid, job protected, leave of absence for up to eight weeks for employees who are taking care of seriously ill family members.

This legislation is meant to correspond with Compassionate Care Benefits, now available under the Employment Insurance Act and Regulations.

The announcement did not address how this leave will effect an employee's entitlement to Emergency Leave under the Employment Standards Act. It also remains to be seen whether the Provincial legislation will require the same standard to prove entitlement to the leave, as is required under the Employment Insurance Act. Under the EI Act, employees are required to demonstrate in his or her application for Compassionate Care Benefits, that their family member is at serious risk of death within six months. This is achieved by the submission of a Medical Certificate from the family member's treating physician certifying that the family member is at such a risk. The employer is entitled to request a copy of this certificate under the Canada Labour Code, to substantiate the employee's need to take the leave of absence.

It is anticipated that the legislation will be submitted for reading at the Ontario legislature in Spring, 2004.