Critically Ill Child

An employee who has been employed by the same employer for at least 30 days is entitled to a leave of absence from employment without pay of up to 37 weeks to provide care or support to a critically ill child who is a family member,

The employee must provide the employer with a certificate from a medical practitioner. The certificate must state that the child is a critically ill child and requires the care or support of the employee, and it must set out the period during which the child requires that care or support.

Critically Ill Adult

an employee who has been employed by the same employer for at least 30 days is entitled to a leave of absence from employment without pay of up to 17 weeks to provide care or support to a critically ill adult who is a family member, where a medical practitioner or nurse practitioner issues a certificate. The certificate must state that the adult is a critically ill adult and requires the care or support of the employee, and it must set out the period during which the adult requires that care or support.

Notes on both leaves:

The employee must limit the duration of the leave of absence to what is reasonably necessary in the circumstances.

An employer is not allowed to dismiss an employee or give notice of dismissal to an employee because they intend to take, apply for, or take a leave of absence under this part. If an employer does dismiss an employee contrary to this provision, the onus of proving that the reason for dismissal is unrelated to the critically ill child care leave or critically ill adult care leave rests with the employer.

The employer must reinstate the employee at the end of their leave of absence under this part on terms and conditions that are not less beneficial than those that subsisted before the leave of absence began. However, unless the employer and the employee otherwise agree, a period of leave under this part does not count towards the application of the rights, benefits, and privileges conferred by this act upon an employee.

NF Labor Standards Act s.43.29-43.32