Leave for Care of a Critically Ill Child

An employee is entitled to an unpaid leave of absence of up to 37 weeks within a 52-week period to provide care and support to a critically ill child. A critically ill child is someone under 18 years of age whose life is at risk as a result of an illness or an injury.

Am I eligible to apply?

To be eligible for the leave, an employee must be:

  1. employed for a continuous period of at least three months by the same employer; and
  2. is a parent of the child. A parent includes someone who is an adoptive / foster parent; a guardian or a spouse of a parent of the child.

When can I take the leave?

An employee must take the leave of absence in intervals of at least one week within the 52 week period. 

The leave begins on the first day of the work week when either: 

  1. a medical practitioner issues a certificate regarding the critically ill child; or, 
  2. the employee begins the leave before the certificate is issued. 

The leave ends when either the child dies or the employee has taken 37 weeks of leave within the period of 52 weeks. 

When an employee is a parent of two or more critically ill children, the leave begins on the first day of the work week when either: 

  1. a medical practitioner issues a certificate regarding the critically ill child; or, 
  2. the employee begins the leave before the certificate is issued. 

The leave ends when either the last of the critically ill children dies or the employee has taken 37 weeks of leave within the period of 52 weeks. 

The total amount of unpaid leave taken by two or more employees cannot exceed 37 weeks.

What do I need to apply?

An employee must provide a copy of the medical certificate if the employer makes a written request. When an employee returns to work following the end of the leave, the employee must be accepted back into the same position or a comparable one with no loss of wages or benefits.

Who can I contact for more information?

Sherwood Business Centre
161 St. Peters Road, 2nd Floor 
PO Box 2000
Charlottetown, PE
C1A 7N8
Telephone: (902) 368-5550
Toll Free: 1-800-333-4362
Fax: (902) 368-5476

This information is meant to serve as a guide only.  The reader is strongly advised to consult the Employment Standards Act to view the legislation.  Where any difference exists between this information and the Act, the Act will be considered correct.
Published date: 
June 6, 2024
Workforce, Advanced Learning and Population

General Inquiries

Department of Workforce, Advanced Learning and Population
5th Floor North, Shaw Building
105 Rochford Street
PO Box 2000
Charlottetown, PE C1A 7N8

Phone: 902-368-4250
Fax: 902-368-4242

DeptWALP@gov.pe.ca