An employee is entitled to a leave of absence without pay of up to 28 weeks to provide care or support to an individual if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or such shorter period as may be prescribed, for the following individuals:

• the employee’s spouse

• a parent, step-parent or foster parent of the employee or the employee’s spouse

• a child, step-child or foster child of the employee or the employee’s spouse

• a child who is under the legal guardianship of the employee or the employee’s spouse

• a brother, step-brother, sister, or step-sister of the employee

• a grandparent, step-grandparent, grandchild, step-grandchild of the employee or the employee’s spouse

• a brother-in-law, step-brother-in-law, sister in law or step-sister-in-law of the employee

• a son-in-law or daughter-in-law of the employee or the employee’s spouse

• an uncle or aunt of the employee or the employee's spouse

• nephew or niece of the employee or the employee’s spouse

• the spouse of the employee’s grandchild, uncle aunt, nephew or niece

• a person who considers the employee to be like a family member provided the prescribed conditions

The employee may begin a leave no earlier than the first day of the week in which the period

• The employee may not remain on a leave under this section after the earlier of the following dates

  • the last day of the week on which the individual described above dies

  • the last day of the 52-week period starting on the first day of the week in which the period above illness begins

• if two or more employees take leave in respect to a particular individual, the total of the leaves taken by all of the employees shall not exceed 28 weeks during a 52-week period; that applies to the first certificate issued for the purpose of this section

• an employee may only take a leave under this section in entire weeks

• an employee must advise their employer in writing that they will be doing so

  • if the employee must begin to leave before advising the employer, the employee shall advise the employer as soon as possible

• if requested by the employer, the employee shall provide the employer with a copy of the certificate as soon as possible

• if an employee takes a leave and the individual does not die within 52 weeks period, the employee may take another leave

Ont ESA Pt. XIV s.49.1