Temporary Leaves of Absences in Long-Term Care

Temporary Leaves of Absences

General Rule

For reasons related to risk and safety, facility staff may try to restrict a resident’s right to leave the facility unaccompanied. However, if the resident has not been assessed as incapable, they are free to come and go as they please as they would be from any home. Preventing them from doing so is illegal.(1)

The Residential Care Regulation(2) requires long-term care facilities to ensure that any resident leaving the premises carries identification that includes their name, the care home they are living in, and emergency contact information.

If the resident has been assessed as incapable with respect to this kind of personal decision, then their care plan may specify conditions for leaving the facility, such as being accompanied by a family member, substitute decision-maker, or another person authorized by the representative. A resident who is capable may also have agreed in their care plan.(3)

Daily Outings

A resident may leave a care facility as they wish unless they have been assessed as incapable.(4) However, The Residential Care Regulation requires that long-term care facilities ensure that when a resident leaves for a temporary purpose they have written documents with them indicating their name, the facility’s name, and emergency contact information. If the resident is at risk of leaving the facility without notifying staff, and may be unable to identify themselves, the facility must fit this person with a bracelet or other device that cannot be easily removed, which contains the identifying information. This requirement would typically be indicated in the resident’s care plan.(5)

If a resident is planning to leave a care facility, even for a short period of time, it is best to give the facility advance notice so that staff can ensure the person is equipped with the necessary information and any medication or supplies they may need during their outing.

Short Term Absences

A resident may be absent from a long-term care facility for up to a total of 30 calendar days per year for personal reasons (for example, family visits), as long as they continue to pay their residential fees. The 30 days may be extended if the resident seeks health authority approval in advance. There is no limit on the amount of time a resident may be absent due to hospitalization.(6)

However, temporary absences from long-term care are governed by policy only, not by law or regulation, and the policy does not go so far as to guarantee that the long-term care bed will remain available if the resident is absent for a significant amount of time, even for hospitalization. It is best to ask the facility directly about their policies for temporary absences. It is advisable for a resident who is absent to maintain regular contact with the facility to ensure their bed is held.(7)

Private long-term care facilities may allow more lengthy temporary absences, but it is best to find out the facility’s policy and communicate regularly with them.

References

1. “Health Care (Consent) and Care Facility (Admission) Act,“ RSBC 1996, c 181, s 25, online: <http://canlii.ca/t/842m>; British Columbia, Ministry of Health, “Home and Community Care Policy Manual,” (6 February 2023) at ch 6.D.2, online: <http://www2.gov.bc.ca/gov/content/health/accessing-health-care/home-community-care/accountability/policy-and-standards/home-and-community-care-policy-manual>.
2. “Residential Care Regulation,” BC Reg 96/2009, s 56(1), online: <http://canlii.ca/t/89ln>.
3. “Residential Care Regulation,” BC Reg 96/2009, s 25, online: <http://canlii.ca/t/89ln>; British Columbia, Ministry of Health, “ Home and Community Care Policy Manual,“ (6 February 2023) at ch 6.D.2, online: <http://www2.gov.bc.ca/gov/content/health/accessing-health-care/home-community-care/accountability/policy-and-standards/home-and-community-care-policy-manual>.
4. “Health Care (Consent) and Care Facility (Admission) Act,” RSBC 1996, c 181, s 25, online: <http://canlii.ca/t/842m>.
5. “Residential Care Regulation,” BC Reg 96/2009, s 56, online: <http://canlii.ca/t/89ln>.
6. British Columbia, Ministry of Health, “Home and Community Care Policy Manual,” (6 February 2023) at ch 6.D, online: <http://www2.gov.bc.ca/gov/content/health/accessing-health-care/home-community-care/accountability/policy-and-standards/home-and-community-care-policy-manual>.
7. British Columbia, Ministry of Health, “Home and Community Care Policy Manual,” (6 February 2023) at ch 6.D, online: <http://www2.gov.bc.ca/gov/content/health/accessing-health-care/home-community-care/accountability/policy-and-standards/home-and-community-care-policy-manual>.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Seniors First BC, February 2024.

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