COMPASSIONATE CARE LEAVE

Compassionate care

Rights

  1. BC Employment Standards Act
  • Amount of unpaid leave: up to 27 weeks to provide care or support to a family member (spouse, child, parent, guardian, sibling, grandchild or grandparent, and any person who lives with the employee as a member of the employee’s family), if a medical practitioner issues a medical certificate stating significant risk of death within 26 weeks.
  • The leave must be taken in units of one or more weeks.
  1. Collective agreement
  • Rights to compassionate leave; paid or unpaid will vary pursuant to local collective agreement language
  • Employer may grant a compassionate leave beyond amount specified in collective agreement
  • Contact the local for specific details.
  1. Employment Insurance Act
  • Amount of leave: up to 26 weeks to provide care for a family member who has a serious medical condition with a significant risk of death within 26 weeks (6 months).

Benefits

  1. BC Employment Standards Act
  • Medical, extended health, dental, pension and group life insurance plans for the length of the leave in the ESA:
    • if employer normally pays the full premium, the employer must continue to provide the benefit plan(s), including pension, at no cost to the employee;
    • if employer normally pays a portion of the premium, and the employee elects to continue the benefit plan(s), including pension, then the employer will continue to pay its share and the employee her/his share.
  1. Employment Insurance (EI)

Qualification for EI benefits:

  • a decrease in more than 40% of regular weekly earnings
  • 120* hours of insurable employment in the last 52 weeks or since the start of your last EI claim (the qualifying period).
  • must apply for benefits
  • a medical certificate must be provided as proof that the ill family member has a serious medical condition with a significant risk of death within 26 weeks (six months), and requires the care or support of one or more family members
  • can be shared with other family members who meet the eligibility criteria.
  • Care or support means:
    • providing psychological or emotional support; or
    • arranging for care by a third party care provider; or
    • directly providing or participating in the care.
  • Benefits paid to care or support one of the following: your family member or the family member of your spouse or common-law partner, or someone who considers you a family member, such as a close friend or neighbour.

Duration of benefits:

  • up to a maximum of 26 weeks of benefits within the period of the 26 weeks that start from the Sunday of the week stated on the doctor certificate indicating a serious medical condition with a significant risk of death.
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