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This letter serves the purpose of giving an employer notice that the employee is taking a personal leave of absence for family responsibility. Each Province will have its own terms to refer to the leave. This leave is taken when an employee needs to take care of a family member due to illness, injury or other urgent matter.
The definition Family Member is defined in the law to mean close family members, including:
(1) Parents or step-parents, spouse, children, or siblings of the employee;
(2) Spouse's parents or children;
(3) Children-in-law, grandchildren, grandparents;
(4) Dependents of the employee.
Family responsibility leave is a statutory leave under Provincial employment law, which is present in most Provinces.
For example, in Ontario, the Employment Standards Act, 2000, SO 2000, c 41 creates this leave as an employee's minimum right. This means that the employee is entitled to take a personal leave based on the number of days the legislation permits, and they are entitled to maintain their job security and keep the same pay.
Employers may ask for proof of entitlement. This may include, for example, having a medical note in the event of sick leave.
Each Provincial statute will also have its own requirements for taking a leave. Certain statutes will require employees to have worked for the employer at least 14 days prior to being able to submit a notice of leave.
HOW TO USE THIS DOCUMENT
This document is meant to be given from the employee to the employer. This puts the employer on notice that the employee is exercising their right under the law to take a personal leave of absence. The letter can be sent by mail or email in PDF format.
Employees should keep a copy of this letter for their records.
Employment law legislation is governed by each Province and Territory. For federal employees, the Canada Labour Code (R.S.C., 1985, c. L-2) applies. These laws establish the minimum requirements for a personal leave of absence that employers must afford to their employees.
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