Compassionate care leave in Canada is time off to care for a family member who has a serious medical condition with a significant risk of death within 26 weeks. Employment Insurance pays compassionate care benefits for up to 26 weeks, at 55% of earnings up to $729 a week for 2026, while federal or provincial employment law protects the job for 27 or 28 weeks.
Two different systems are at work, and that's the insight people miss. EI decides whether you get paid. Employment standards law, federal or provincial, decides whether your job is held for you. This page uses the Government of Canada's EI caregiving pages, section 206.3 of the Canada Labour Code and the official leave pages for Alberta, Ontario and British Columbia, all read in October 2026.
The pay side: EI compassionate care benefits
| EI caregiving benefit | Maximum length |
|---|---|
| Compassionate care benefits | Up to 26 weeks |
| Family caregiver benefit for adults | Up to 15 weeks |
| Family caregiver benefit for children | Up to 35 weeks |
The benefit rate is 55% of earnings, up to a maximum of $729 a week for 2026, as of October 2026. The weeks can be shared by eligible caregivers, either at the same time or one after another, so siblings caring for the same parent draw from one pool.
Who qualifies for the EI benefit
- You have at least 600 insured hours of work in the 52 weeks before the start of your claim, or since your last claim if that's shorter.
- Your regular weekly earnings from work have dropped by more than 40% for at least one week because you're caring for the family member.
- A medical doctor or nurse practitioner in the country where the person is receiving care completes the medical certificate.
- The certificate shows a serious medical condition with a significant risk of death within 26 weeks.
Self-employed people can qualify too, with the 40% drop measured against the time spent working in the business. The EI page also notes that if the person already lives with a chronic condition, caregivers aren't eligible unless their health changes significantly because of a new, acute life-threatening event.
The job side: how long your job is protected
| Jurisdiction | Job-protected leave | Notes |
|---|---|---|
| Federally regulated workplaces | Up to 28 weeks | Canada Labour Code s. 206.3 |
| Ontario | Up to 28 weeks in a 52-week period | Called family medical leave, unpaid |
| Alberta | Up to 27 weeks | After 90 days with the same employer |
| British Columbia | Up to 27 weeks in a 52-week period | Unpaid, no service minimum stated |
Alberta explains why its leave is a week longer than the EI benefit: it recognises the EI waiting period. That's worth knowing, because the leave and the pay don't line up week for week.
Federal rules under the Canada Labour Code
For employees of federally regulated employers, section 206.3 says every employee is entitled to up to 28 weeks of leave to care for or support a family member, once a health care practitioner certifies a serious medical condition with a significant risk of death within 26 weeks. If two or more employees take leave for the same family member, the total can't exceed 28 weeks.
Ontario: family medical leave
Ontario calls it family medical leave: unpaid, job-protected leave of up to 28 weeks within a 52-week period. The 52-week window starts on the first day of the week in which the 26-week period in the certificate begins. A week runs Sunday to Saturday, and taking part of a week off still counts as a full week. The 28 weeks don't have to be consecutive.
Alberta and British Columbia
In Alberta, employees qualify after at least 90 days with the same employer, and the ill family member can live in Alberta or elsewhere. The leave can be split into instalments of at least one week each. If more than one employee of the same employer is entitled to leave for the same family member, the employer doesn't have to grant it to more than one at a time. My Alberta employment standards guide covers the province's other leaves.
In British Columbia, the employee requests the leave from the employer, but it doesn't have to be in writing and no advance notice is required. The medical certificate must be given as soon as reasonably possible, and not necessarily before the leave starts. The leave ends at the latest on the last day of the week in which the family member dies, among other end points. My BC bereavement leave guide covers the leave that follows a death.
Steps to take compassionate care leave
- Tell your employer you need the leave, in writing if your province or employer asks for it.
- Ask the family member's doctor or nurse practitioner to complete the medical certificate.
- Give your employer a copy of the certificate.
- Apply for EI compassionate care benefits once your earnings drop.
- Track the weeks used against both the EI limit and your job-protected limit.
My verdict
Think of compassionate care leave as two clocks. EI gives up to 26 weeks of partial pay; your province or the Canada Labour Code holds your job for 27 or 28 weeks. Get the medical certificate early, share the EI weeks with family if that helps, and check your own jurisdiction's job rules before you start. For time off when you're the one who's ill, my Alberta sick leave guide is a good place to start.
Want AI doing the heavy lifting in your marketing?
I build the systems that handle the boring 80 percent, so you get your week back. Done properly, with the human kept in.
Frequently asked questions
What is compassionate care leave?
It's time off to care for a family member with a serious medical condition and a significant risk of death within 26 weeks.
How long is compassionate care leave in Canada?
EI pays up to 26 weeks. Job protection is up to 28 weeks under the Canada Labour Code and in Ontario, and up to 27 weeks in Alberta and BC.
How much does EI pay for compassionate care?
55% of your earnings, up to a maximum of $729 a week for 2026.
Who qualifies for EI compassionate care benefits?
You need at least 600 insured hours in the previous 52 weeks, a drop in weekly earnings of more than 40%, and a medical certificate.
Can family members share compassionate care benefits?
Yes. Eligible caregivers can share the weeks, at the same time or one after another.
Is compassionate care leave paid by the employer?
The provincial leaves described here are unpaid; income comes from EI compassionate care benefits if you qualify.
How long must I work in Alberta to get compassionate care leave?
At least 90 days with the same employer.
