06/10/2024
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06/10/2024
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A Letter of Compassionate Care Leave serves the purpose of giving an employer notice that the employee is taking a Compassionate Care Leave. This means taking a leave of absence to provide care or support to a seriously ill family member. To be entitled to take this leave, a health practitioner's certificate is needed (doctor, nurse, etc.) to prove that the family member is very ill and needs the assistance of the employee asking for this leave.
Each Province has its own terms to refer to Compassionate Care Leave, such as Family Medical Leave.
Yes. Having a Letter of Compassionate Care Leave that provides the employer with notice is mandatory. An employer has the legal right to be advised in writing that an employee will be taking a leave of absence for compassionate care leave.
A Letter of Compassionate Care Leave should contain the employer and employee's contact information, the relationship with the family member for whom compassionate care leave is being taken, the length of the compassionate care leave, and a statement that ongoing work shall be delegated and organized before leaving.
Prior to taking a Compassionate Care Leave, the employee taking a leave must obtain a medical certificate stating that the family member in question is ill and needs the employee's assistance. If the certificate cannot be obtained prior to taking the leave, it should be obtained as soon as possible.
Once the Letter of Compassionate Care Leave is ready, the employee taking the leave must deliver the letter to the employer (or Human Resources) in advance before the taking their leave of absence. The letter can be sent by mail or email in PDF format. Once the notice has been sent to the employer, the employee should keep a copy of the letter and the medical certificate for their records.
The definition of family member applies to the following individuals:
(1) Parents or step-parents, spouse, children, siblings or step-siblings of the employee;
(2) Spouse's parents or children;
(3) Children-in-law, grandchildren, grandparents, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse;
(4) Uncle, aunt, niece, or nephew of the employee or the employee's spouse;
(5) Dependents of the employee.
This means that an employee may notify the employer that they are taking a leave for one or more of the above family members.
By law, this list comprises the only family members for whom the employee can take time off work. Any other family member is disqualified from the list and the employee cannot take a leave.
The employee will need to obtain a medical certificate. The certificate from a doctor will need to be paid for and obtained by the employee taking this leave. The certificate should be sent with the letter; if not, the certificate should be sent as soon as possible. A health practitioner's certificate can come from a doctor, a nurse, a nurse practitioner, etc.
Employment law legislation is governed by each Province and Territory. These laws establish the minimum requirements for a personal leave of absence that employers must afford to their employees. Compassionate Care Leave is a leave permitted under the law. This means that an employee has the right to take this leave without losing job security. The number of weeks an employee is entitled to take depends on the Province; it is usually 27 to 28 weeks. The following pieces of legislation govern employment law and leaves of absence:
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Letter of Compassionate Care Leave - Sample, template
Country: Canada (English)