Family Caregiver Leave: What You Need to Know
About 35 percent of Canada’s workforce consists of employee caregivers. They are family members or friends who provide caregiving for a loved one while juggling the demands of work. Not surprisingly, many of them require family caregiver leave at some point, but some might be reluctant to ask for it.
Some caregivers fear that if they ask for time off they will lose their jobs, miss out on promotions, or be negatively judged by their fellow coworkers or managers. Others worry about the financial impact of taking time off, especially if their budget is already stretched because they are financially supporting their loved ones.
Knowing what rights and financial assistance is available to you can help to allay some of these worries. We cover some of them here, and also offer you some valuable insight on taking family caregiver leave.
Your Right to Compassionate Care Leave
Under Alberta’s Compassionate Care Leave law, a family caregiver can take leave to care for a gravely ill family member for up to 27 weeks. You also must have been employed by the same employer for at least 90 days, and you will need to provide a medical certificate stating that your loved one needs support.
Under the rules, you are eligible to take this leave without any risk to your job. Your employer also has to give you back your same job — or an equivalent one — once you return to work.
You Don’t Have to Take All Your Leave at Once
It’s important to know that you can break up those 27 weeks you are allowed to take into smaller periods. For instance, you might need to provide extra care after a loved one has had surgery or to help them cope with a new, potentially devastating, diagnosis.
Under Compassionate Care Leave rules, each period of time you take can be no less than a week.
Who Is Considered a Family Member
The Compassionate Care Leave law states that the following people are considered family members:
- Spouse, common-law partner, or adult interdependent partner
- Children (and their partner/spouse)
- Current or former foster children (and their partner/spouse)
- Current or former wards
- Parents, step-parents, and/or current or former guardians (and their partner/spouse)
- Current or former foster parents
- Siblings, half-siblings, step-siblings (and their partner/spouse)
- Grandchildren, step-grandchildren (and their partner/spouse)
- Grandparents, step-grandparents
- Aunts, uncles, step-aunts, step-uncles (and their partner/spouse)
- Nieces, nephews (and their partner/spouse)
- A person the employee isn’t related to but considers to be like a close relative
You can also be eligible for leave to care for relatives of your spouse, or common-law or interdependent partner:
- Children (and their partner/spouse)
- Current or former wards
- Parents, step-parents, foster parents
- Sibling, half-sibling, step-sibling
- Grandparents
- Grandchildren
- Aunts, uncles
- Nieces, nephews
You Could Be Eligible for Caregiving Benefits
Through Employment Insurance you could receive financial assistance if you need to take time off work to care for a loved one. Currently, the benefits are 55 percent of your earnings, up to a maximum of $638 weekly.
The number of weeks you qualify for this benefit varies based on the age and condition of your care recipient. For instance, if you are a caregiver for a critically injured adult age 18 and older, you could receive up to 15 weeks of benefits. If you are providing end-of-life care for a person of any age, you could apply for Compassionate Care benefits for up to 26 weeks.
How to Apply for Leave
As mentioned, you will need to provide your employer with a medical certificate completed by a physician or nurse practitioner. The certificate should indicate one of the following:
- your family member has a grave medical condition and a high risk of dying with 26 weeks.
- your family member needs a family member to provide care or support for them.
You should submit a written notice to your employer at least two weeks before the date that you want to start your leave. Be sure to include an estimated date of return to work as well. If you are unable to provide two weeks’ notice, give it as soon as possible.
Keep Your Employer Informed
If you have been a caregiver for a while, it’s really important to let your manager or employer know about your responsibilities and reality.
It’s understandable if you are reluctant. After all, there is always the fear that being a caregiver will be used against you in the workplace. But if you are staying on top of your work, regardless of taking time off or having to do caregiving after hours, you are less likely to face backlash.
Also, when it comes time to ask for family caregiver leave, your employer is more likely to be receptive to the request if they have been kept in the loop.
Wrongful Termination
An employer cannot lay you off or fire you while you are on compassionate care leave unless they are closing or suspending the business. Even then, if they restart the business within 52 weeks, they are obligated to give you back your job.
If you feel that your employer has breached these rules, you can file an employment standards complaint. Learn more about human rights in the workplace from the Alberta Human Rights Commission.
Family Care Leave: Beyond Rights and Rules
Taking family caregiver leave can be difficult, even if you are entitled to it.
Carefully consider how it will impact you as a full-time caregiver and your family. For instance, while EI Caregiving Benefits are beneficial, will they adequately cover your financial needs for the time you take off? Do you have enough savings to make up the shortfall?
Also, just because you will be there for your loved one full time, it doesn’t mean you should dispense with your caregiver network, such as other family members, professional caregivers, your support group, and medical professionals. They can continue to help lessen the burden so you are not too stressed when it is time to return to work.
Keep in mind that some people do not enjoy being “out of the loop” when they are away from work. Staying in touch with colleagues can prevent this and ease the transition back to work once your leave is over. So will keeping on top of new technology, policies and procedures.
Finally, depending on the reason for taking leave, you could be more emotionally and mentally drained when it is time to return to work.
For example, your loved one might be sicker or have died. In such cases, you might benefit from grief counselling before and after returning to work. If your loved one has died, you should also consider taking bereavement leave.
After all, caregiving is as much about taking care of yourself as it is taking care of your loved one.
