Compassionate Care Leave

The Canadian Government created new family Compassionate Care Leave benefits under the Employment Insurance program (EI), effective January 4, 2004.

The amendments allow for the payment of benefits for a limited time, while an employee cares for an ailing family member with a significant risk of death within the next 26 weeks. However, EI does not protect the employee's job, wages, or benefits.

To provide that protection, the Yukon Government amended the Employment Standards Act (PDF 990 KB) to include Compassionate Care Leave for up to eight weeks.

This legislative amendment enables and encourages support by family members of a seriously ill family member, which is timely given Canada's aging population. It can help improve the quality of life for everyone involved by providing job protection for the caregiver.

The amendments to the Employment Standards Act bring Yukon legislation in line with federal employment legislation. The federal government is also adding related job-protection provisions to the Canada Labour Code.

Questions and Answers

What is Compassionate Care Leave?
Compassionate Care Leave may allow an employee up to eight weeks of job protection to provide care or support to a family member with a serious medical condition and a significant risk of death within a specified 26 week period.

Who qualifies for Compassionate Care Leave?
Employees regulated by the Employment Standards Act, which sets the minimum standards for employment in the Yukon, qualify for compassionate care leave.

There is no length of service required to qualify for this leave, but a medical certificate is necessary before the leave is taken. The employer must be provided with a copy of the medical certificate on request.

Who pays the employee's wages while on Compassionate Care Leave?
Compassionate Care Leave under the Employment Standards Act entitles an employee to leave without pay for up to eight weeks, and protects the employee's job until the expiration of the leave.

During this time, the employee may qualify for financial benefits under the federal Employment Insurance (EI) program. Benefits are payable for up to six weeks, after the standard two-week unpaid waiting period.

How does this affect employers?
There is no salary cost to the employer because the leave is without pay; however there may be costs related to lost productivity, or for the recruitment and training of a replacement. Compassionate Care Leave provides similar employee protections to Maternity and Parental Leave, such as the right to the leave and job protection for employees. Employees who take Compassionate Care Leave must be reinstated in their former positions, or be given a comparable position in the same location, and with the same wages and benefits.

The leave may be broken up, but must be taken in minimum blocks of one week. The leave may be shared between two or more employees and may be taken outside of Canada.

The employer may not dismiss or discipline the employee for taking this leave, and may not take the leave into account in any decision to promote or train the employee. The pension, health and disability benefits, and the seniority of the employee accumulate during this period. There is no break in continuity of employment while on leave.

Why is this beneficial to Yukoners?
This leave encourages and allows the opportunity for family members to care for seriously ill family members, which may result in decreased health care costs. It may also increase the quality of life for family members, and reduce the stress related to the illness and the lack of time to spend with the family member for fear of job loss.

Who do I contact for further information?
Mail: Community Services, Labour Services, C-7, Box 2703, Whitehorse, YT Y1A 2C6
E-Mail: labourservices@gov.yk.ca
Telephone: (867) 667-5944 or
toll free in Yukon 1-800-661-0408 ext. 5944
Fax: (867) 393-6317