Question:
My daughter lives with an ostomy — specifically an ileostomy. I was told I could access family caregiver leave, which allows me a certain amount of unpaid time off each year to care for her needs during emergencies or scheduled appointments. However, our general practitioner said she doesn’t qualify, even though staff at SickKids said she would. I often need to take time off work when she has issues like a blowout or prolapse, or for appointments. My workplace supports this leave but needs the form completed. Do you have any knowledge of this type of form or how to proceed?
Answer:
Thank you for raising this important and common concern for parents and caregivers. This is general guidance and should not be considered legal advice, but I hope it helps clarify the process and your next steps.
Understanding Family Caregiver Leave in Ontario
Under Ontario’s Employment Standards Act (ESA), employees are entitled to Family Caregiver Leave:
- Up to 8 weeks of unpaid, job-protected leave per calendar year per specified family member
- Your daughter is considered a “specified family member”
- To qualify, you must obtain a medical certificate from a qualified health practitioner (doctor or nurse practitioner) stating that the family member has a serious medical condition
- The certificate does not need to include a detailed diagnosis — just confirmation of a serious condition
- You must provide your employer with written notice when taking the leave
This type of leave ensures job protection, so you cannot be penalized for taking time off to care for your daughter.
Why Your GP May Be Hesitant
There are a few possible reasons why your general practitioner (GP) may be hesitant:
- They may misunderstand the definition of a “serious medical condition”, thinking it only applies to terminal or life-threatening conditions. In reality, it includes chronic or episodic conditions, such as complications from an ileostomy (e.g., prolapse, blowouts, dehydration risks).
- The GP may be unclear on the purpose of the form your employer provided. What’s legally required is a simple certificate stating your daughter has a serious medical condition — not a custom form.
- They may also lack familiarity with the ESA leave provisions, especially if they haven’t dealt with similar requests before.
What You Can Do Next
Here are some practical steps you can take:
- Clarify the legal framework with your GP. Bring the official ESA guidance with you and highlight the section on Family Caregiver Leave.
- You can refer to: Ontario ESA Family Caregiver Leave
- Ask your employer to confirm what form they’re requesting. If it’s the ESA-required certificate, a note from your daughter’s medical team (family doctor, specialist, or nurse practitioner) stating she has a serious medical condition should suffice.
- Seek a second opinion from another health professional who knows your daughter’s medical history — such as a nurse practitioner, pediatric specialist, or the hospital care team at SickKids — especially if your GP continues to deny the request.
- Contact the Ontario Employment Standards Information Centre at 1-800-531-5551 to confirm your rights. They may also be able to advise you on how to move forward if a healthcare provider refuses to complete the necessary form.
Other Leave Options You Might Consider
In addition to Family Caregiver Leave, Ontario’s ESA offers:
- Family Responsibility Leave: 3 days/year for urgent medical situations involving a family member
- Critical Illness Leave: For situations involving a child with a life-threatening illness (longer leave, more detailed medical certification required)
- Family Medical Leave: Up to 28 weeks within a 52-week period if the family member is at risk of death within 26 weeks
Final Thoughts
It sounds like your daughter’s condition would very likely qualify as a serious medical condition under the ESA, especially given her need for urgent and ongoing care. If your GP continues to resist, seeking support from another provider or having the hospital specialist team complete the certification may help.
You are absolutely doing the right thing by advocating for your daughter’s care needs and your employment rights. Best of luck in moving forward with this process.
Answered by
Andrea Manson (BSN, NSWOC, NCA, Retired Nurse and Ostomy Specialist)
Medical and Lifestyle Advisory Team Lead,
Ostomy Canada Society
