Leave & Benefits
Understanding Your Leave and Benefits During Cancer Treatment
Navigating medical leave, income replacement, and disability benefits while managing a cancer diagnosis is overwhelming. This guide explains what is available to you in Canada, how to access it, and how to protect your job while you focus on your health.
You Have More Options Than You May Realize
Canadian employees facing cancer treatment have access to a range of federal and provincial leave protections, income replacement programs, and employer-provided benefits. Understanding what applies to your situation — and in what order — can make a significant difference to your financial security and peace of mind.
Types of Leave
Leave Options Available to Canadian Employees
Several types of protected leave may apply depending on your situation, your province, and whether you are federally or provincially regulated. You may be eligible for more than one.
Medical Leave
Federal & ProvincialMost Canadian employees are entitled to unpaid job-protected medical leave. Under the Canada Labour Code, federally regulated employees can take up to 17 weeks of medical leave. Provincial employment standards vary — many provinces provide between 3 and 27 weeks. Your job (or an equivalent position) must be held for you during this period.
Check your province's employment standards legislation for the exact entitlement in your jurisdiction.
Compassionate Care Leave
Federal & ProvincialIf a family member has a serious illness with a significant risk of death within 26 weeks, you may be eligible for compassionate care leave to provide care or support. Federally regulated employees are entitled to up to 28 weeks. This leave can be taken by multiple family members simultaneously and is job-protected.
A medical certificate from a physician or nurse practitioner is required to access this leave.
Critical Illness Leave
Federal & ProvincialCritical illness leave allows employees to provide care for a critically ill family member. Under the Canada Labour Code, employees may take up to 17 weeks for a critically ill adult family member. Some provinces provide additional or parallel entitlements. Cancer typically qualifies as a critical illness.
This leave is distinct from compassionate care leave and may be available in addition to it.
Sick Leave
FederalFederally regulated employees are entitled to 10 days of paid sick leave per year under the Canada Labour Code. Many provincially regulated employees also have access to paid or unpaid sick days under provincial legislation. Employer sick leave policies may provide additional paid days beyond the statutory minimum.
Paid sick leave can be used for medical appointments, treatment days, and recovery periods.
Employment Insurance
EI Sickness Benefits
Employment Insurance (EI) sickness benefits provide partial income replacement when you are unable to work due to illness, injury, or quarantine. For many employees, this is the first income support accessed during cancer treatment.
Eligibility
To qualify, you must have accumulated at least 600 insurable hours of work in the past 52 weeks (or since your last EI claim). You must also have a medical certificate confirming you are unable to work due to your medical condition.
Benefit amount
EI sickness benefits pay 55% of your average insurable weekly earnings, up to a maximum insurable amount set annually by the federal government. For 2026, the maximum weekly benefit is approximately $695. Benefits are taxable income.
Duration
You can receive up to 26 weeks of EI sickness benefits. There is a standard two-week waiting period before benefits begin, though this may be waived in certain circumstances. If you need more time, you may be able to transition to long-term disability benefits.
How to apply
Apply online through Service Canada as soon as you stop working — do not wait until your sick leave or employer top-up is exhausted. Delays in applying can result in lost benefits. You will need your Record of Employment (ROE) from your employer and a completed medical certificate.
Disability Insurance
Short-Term and Long-Term Disability
Many employers provide disability insurance as part of their group benefits plan. Understanding how your coverage works — and how it coordinates with EI — is essential to avoiding gaps in income.
Short-term disability (STD)
Short-term disability typically covers the first 15 to 26 weeks of inability to work due to illness or injury. Benefits usually replace 60–85% of your pre-disability earnings. STD often begins after your sick leave days are exhausted and runs concurrently with or prior to EI sickness benefits, depending on your plan. Check whether your employer's STD plan coordinates with EI or pays on top of it.
Long-term disability (LTD)
Long-term disability benefits begin after the short-term disability period ends — typically after 17 to 26 weeks. LTD usually replaces 60–70% of your pre-disability earnings and can continue for years, depending on your policy. Most LTD policies have an "own occupation" definition for the first two years, then shift to "any occupation." Cancer treatment timelines often extend into LTD territory.
Coordination of benefits
EI sickness benefits and employer disability plans often interact. Some employer STD plans require you to apply for EI first and then top up to the plan's benefit level. Others pay independently. Understanding this coordination prevents you from leaving money on the table or inadvertently creating an overpayment situation.
If you do not have group coverage
If your employer does not offer disability insurance, or if you are self-employed or a contract worker, EI sickness benefits may be your primary income support. The Canada Pension Plan (CPP) Disability Benefit is also available if your condition is severe and prolonged. Speak with a benefits advisor or social worker about your options.
Requesting Leave
How to Request Leave and What to Tell Your Employer
You are not required to disclose your specific diagnosis to your employer. You have the right to privacy around your medical information while still accessing the leave and accommodation you are entitled to.
Notify your employer as early as possible
Give your employer as much notice as reasonably practicable. You do not need to have all the details — a general statement that you require medical leave is sufficient to begin the process. Early notice allows your employer to plan coverage and reduces pressure on you.
Provide a medical certificate, not a diagnosis
Your employer is entitled to a medical certificate confirming that you are unable to work and the expected duration of your leave. They are not entitled to your diagnosis, treatment plan, or prognosis. Your physician can complete a certificate that confirms your functional limitations without disclosing your condition.
Contact HR and review your benefits plan
Ask HR for a copy of your group benefits booklet and any leave policy documents. Understand what your employer's STD plan covers, whether there is a top-up arrangement with EI, and what documentation is required to activate each benefit. Ask about any deadlines for submitting claims.
Apply for EI sickness benefits promptly
Do not wait until your employer-paid sick leave or STD benefits are exhausted before applying for EI. Apply as soon as you stop working. Service Canada recommends applying within four weeks of your last day of work to avoid losing benefit weeks.
Your Rights
Protecting Your Job While on Leave
Canadian human rights and employment standards legislation provides significant protections for employees on medical leave. Understanding your rights helps you return to work with confidence.
Job reinstatement
When your leave ends, your employer must reinstate you to your previous position or a comparable one with equivalent pay and benefits. Terminating or laying off an employee because they took medical leave is prohibited under both human rights and employment standards legislation.
Continued benefits during leave
In most cases, your group benefits coverage — including health, dental, and life insurance — continues during a job-protected leave. Confirm with HR whether premiums continue to be deducted or whether you need to make arrangements to maintain coverage.
Duty to accommodate on return
When you are ready to return to work, your employer has a legal duty to accommodate any ongoing functional limitations resulting from your illness or treatment — up to the point of undue hardship. This may include modified duties, reduced hours, a phased return, or remote work arrangements.
Protection from discrimination
Cancer is a protected ground under Canadian human rights legislation. Your employer cannot make decisions about your employment — including termination, demotion, or denial of promotion — based on your diagnosis or treatment history. If you believe your rights have been violated, you can file a complaint with the applicable human rights commission.
Keep records
Document all communications with your employer and HR about your leave, accommodation requests, and any changes to your role or responsibilities. Keep copies of medical certificates, benefit claim forms, and any written agreements. This record protects you if a dispute arises.
You do not have to navigate this alone.
Work Beyond Cancer provides guidance and peer support to help individuals understand their rights, access their benefits, and plan a return to work that works for them.