Even after a family goes through the Labour Market Impact Assessment (LMIA) process and supports a caregiver’s work permit, things don’t always go as planned. Caregivers may decide to leave early for personal reasons, better opportunities, or family needs.
So what protections do employers have if this happens?
1. Employers Are Not Obligated to Keep a Caregiver Forever
Once a caregiver has a work permit, they are tied to the employer listed — but they can still resign, just like any Canadian worker. Employers cannot force a caregiver to stay.
2. Employer Protections in Case of Early Departure
If a caregiver leaves before the contract ends:
- Employers are not required to cover the caregiver’s return travel (unless it was part of the signed contract).
- Employers do not owe beyond what is required by provincial labour standards (e.g., unpaid wages, vacation pay, or termination pay if applicable).
- Employers cannot be penalized simply because the caregiver chose to leave.
3. What Happens to the LMIA
If the caregiver leaves:
- Employers cannot automatically transfer the LMIA to a new worker.
- A new LMIA may be required if the family still needs a replacement.
- If the LMIA is still valid and no work permit was issued, the employer may be able to request a name change before expiry.
4. Employer Compliance Reviews
Even if the caregiver leaves, employers must still be prepared for possible compliance inspections. Service Canada may check that the family:
- Paid the promised wages up until departure.
- Provided the benefits listed in the employment contract.
- Did not attempt to recover LMIA or recruitment costs from the worker.
5. Protecting Yourself as an Employer
Families can reduce risks by:
- Writing a clear, detailed employment contract.
- Keeping payroll and HR records in case of inspection.
- Using reputable recruitment channels to find committed caregivers.
Key Takeaways
- Caregivers can legally leave an LMIA-based job, but employers are not financially trapped beyond normal labour standards.
- A new LMIA may be needed to hire a replacement.
- Employers remain responsible for compliance with the original job terms, even if the caregiver departs.
- Families should see the LMIA process as a serious but not one-sided commitment.
👉 If you need a new caregiver after one leaves, post your LMIA caregiver job again to find qualified candidates.