Are you a caregiver? Do you need to take time off work to care for a loved one who is sick, injured or at end of life?
Depending on the situation, you could be entitled to a leave, paid or unpaid, or to employment insurance benefits.
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Important! Some people are not covered by this law. To know which rules apply to your situation, contact the CNESST (Commission des normes, de l’équité, de la santé et de la sécurité du travail). The CNESST is Quebec’s labour board. |
Taking a few days off work
You can take up to 10 days off work per year to care for a loved one due to their state of health. For example, you can take a leave to accompany them to a medical appointment or to provide care.
This person doesn’t have to be a family member. You’re entitled to a leave for any loved one you’re assisting as a caregiver.
These 10 days can be taken all at once or spread out, depending on your loved one’s needs. You can take a half-day leave instead of a full day, if your employer agrees.
Paid or unpaid leave?
If you’ve been working for your employer for at least three months, the first two days of your leave are paid. Otherwise, the days you take off are at your expense.
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Important! This bank of 10 days, 2 of which are paid, includes leave for other family reasons. You may have already used some of these days for reasons other than caregiving. To learn more, see Time Off Work for Personal and Family Reasons. |
How do I obtain this leave?
Inform your employer as soon as possible
You must inform your employer as soon as possible and take the necessary steps to limit the length of your absence.
Provide justification
In some cases, your employer may ask you to provide a document to justify your absence. However, your employer cannot ask for a medical certificate detailing your loved one’s health condition.
Provide a certificate of caregiver status
If the person you’re caring for isn’t a family member, you must provide a document attesting that you’re assisting as their caregiver.
For information on who is considered a family member, see this CNESST web page.
If you need a certificate of caregiver status, you can use this CNESST form (in French). The form must be completed by a health or social services professional (e.g., nurse, doctor, psychologist, etc.).
In more serious cases: taking leave for several weeks
You could be entitled to several weeks off work to care for your loved one in the event of a more serious health situation. This person does not have to be a family member. You’re entitled to this leave for any loved one you’re assisting as a caregiver.
The length of the leave depends on the person you’re caring for and their state of health:
Situation
Length of leave
Your adult loved one is critically ill or injured
Up to 16 weeks per year
Your minor loved one is critically ill or injured
Up to 36 weeks per year
Your loved one, other than your minor child, has a critical, potentially fatal illness
Up to 27 weeks per year
Your minor child has a critical, potentially fatal illness.
Up to 104 weeks.
Paid or unpaid leave?
Employers do not pay for this leave.
However, you could be entitled to employment insurance benefits for caregivers. These benefits serve as financial assistance if you must be absent from work to provide care or support to a person who is critically ill or injured or who needs end-of-life care.
To learn more, see: EI Caregiving Benefits – Canada.ca.
How do I obtain this leave?
Inform your employer as soon as possible
You must inform your employer as soon as possible of your absence and the reason for it.
Provide justification
In some cases, your employer may ask you to provide a document to justify this absence.
Provide a medical certificate
If you’re absent because your loved one has a critical, potentially fatal illness, you must provide a medical certificate.
Provide a certificate of caregiver status
If the person you’re caring for isn’t a family member, you must provide a document attesting that you’re serving as their caregiver.
For information on who is considered a family member, see this CNESST web page.
If you require a certificate of caregiver status, you can use this CNESST form (in French). The form must be completed by a health or social services professional (e.g., nurse, doctor, psychologist, etc.).
Leave for the death of a loved one
Depending on the family tie you have with the person you’re caring for, you may be entitled to a few days leave following their death, some of which are paid. For more information, see Time Off Work for Personal and Family Reasons.
No sanctions or dismissals
If you’re absent from work due to your loved one’s health condition or death, your employer cannot sanction you (e.g., reduce your work hours) or dismiss you.
You generally have 45 days following the sanction or dismissal to file a complaint with the CNESST. For more information, see Firing and Punishments in the Workplace.