Compassionate Care Leave

If an employee has worked for the same employer for at least 30 days, they can take up to 28 weeks of unpaid leave to care for a family member with a serious medical condition that could result in death within 26 weeks.

The employee needs a certificate from a medical practitioner or nurse practitioner to prove this.

The leave starts with:

  • the first day that the certificate is issued by the medical practitioner; or

  • the first day of the week that the employee is absent if the leave began before the certificate was issued.

The leave ends:

  • when the family member dies; or

  • the expiration of the 52 weeks following the first day discussed above.

The employee must give their employer at least 2 weeks' notice before taking the leave and must tell their employer if there are any changes to the length of the leave.

The employer cannot fire or give notice of dismissal to an employee because they want to take this leave, and the employee must be reinstated at the end of the leave on the same terms and conditions.

The period of leave does not count towards the employee's rights, benefits, and privileges under the law, but the employment before and after the leave is considered continuous.

NF Labor Standards Act s.43.14-43.16