Letter of Critical Illness Leave

What is a Letter of Critical Illness Leave?

This letter gives an employer notice that the employee is taking a Critical Illness Leave. This means taking a leave of absence to provide care or support to a critically ill adult or child family member.

The length of the leave of absence increases when it's for a child family member.

The age requirement to fit the definition of child varies per Province and Territory and means either younger than 18 or 19 years old.

Is it mandatory to have a Letter of Critical Illness Leave?

Yes. Having a Letter of Critical Illness 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 Critical Illness Leave.

What is the difference between Family Responsibility Leave and Critical Illness Leave?

Family Responsibility Leave entitles an employee to several days of leave to care for a family member with a medical emergency, illness, or injury. On the other hand, a Critical Illness Leave entitles an employee to many weeks of leave to care for an adult or child family member that requires care and support.

What is the difference between Critical Illness Leave and Compassionate Care Leave?

Critical Illness Leave entitles an employee to take a leave the duration of which depends on whether it is for a child or adult family member. Critical Illness Leave is permitted for critically ill family members that require care and support. On the other hand, a Compassionate Care Leave entitles an employee to many weeks of leave to care for a family member whose medical condition is serious with a significant risk of death.

What must a Letter of Critical Illness Leave contain?

A Critical Illness Leave should contain:

• the employer and employee's contact information,
• the relationship with the family member for whom Critical Illness Leave is being taken,
• the length of the Critical Illness Leave, and
• a statement that ongoing work shall be delegated and organized before leaving.

What are the prerequisites of a Letter of Critical Illness Leave?

Prior to taking a Critical Illness Leave, the employee taking a leave must obtain a medical certificate stating that the family member in question is critically ill and needs the employee's assistance. This is also referred to as a health practitioner's certificate.

What has to be done after a Letter of Critical Illness Leave is ready?

Once the Letter of Critical Illness 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. This puts the employer on notice that the employee is exercising their right under the law to take a personal 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.

If the employee has an opportunity to plan for their leave of absence, this letter should be sent to the employer well in advance of the actual commencement date of their leave.

If there's an emergency and the employee can't plan their leave of absence, employees can still send this letter by email or by mail even after they started their leave of absence.

For which family members can an employee take a Letter of Critical Illness Leave?

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.

Which documents should be attached to a Letter of Critical Illness Leave?

The employee will need to obtain a medical certificate. The certificate 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.

Which laws are applicable to a Letter of Critical Illness Leave?

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. Critical Illness 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 minimum number of weeks an employee is entitled to take depends on the Province or Territory. For children, it is 36 or 37 weeks, while the length for an adult critical illness leave is either 16 or 17 weeks. For example, in Ontario, the Employment Standards Act, 2000, SO 2000, c 41 creates this leave as an employee's minimum right. This means that the employee is entitled to take a personal leave based on the number of days the legislation permits, and they are entitled to maintain their job security and keep the same pay.

The following pieces of legislation govern employment law and leaves of absence:

• Ontario: Employment Standards Act, 2000, S.O. 2000, c. 41
• Alberta: Employment Standards Code, RSA 2000, c E-9
• British Columbia: Employment Standards Act, RSBC 1996, c 113
• Saskatchewan: The Saskatchewan Employment Act, SS 2013, c S-15.1
• Manitoba: The Employment Standards Code, CCSM c E110
• Quebec: Act respecting labour standards, CQLR c N-1.1
• New Brunswick: Employment Standards Act, SNB 1982, c E-7.2
• Nova Scotia: Labour Standards Code, RSNS 1989, c 246
• Prince Edward Island: Employment Standards Act, RSPEI 1988, c E-6.2
• Northwest Territories: Employment Standards Act, SNWT 2007, c 13
• Nunavut: Labour Standards Act, RSNWT (Nu) 1988, c L-1
• Yukon: Employment Standards Act, RSY 2002, c 72
• Newfoundland and Labrador: Labour Standards Act, RSNL 1990, c L-2
• Canada: Canada Labour Code, RSC 1985, c L-2

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