Bereavement leave In Ontario

Bereavement leave is an essential form of job-protected leave that allows employees covered by Ontario’s Employment Standards Act (ESA) to take time off work following the death of specified family members. This type of leave provides workers with the necessary time to grieve, attend funerals or memorial services, and manage other related matters without the fear of losing their job. However, the specifics of bereavement leave can vary, so it’s important to understand what it entails and how it applies to different situations.

What is Bereavement Leave?

Under Ontario’s ESA, bereavement leave allows covered employees to take up to two unpaid, job-protected days off each calendar year due to the death of a specified family member. This leave is designed to give employees the time they need to process their loss and handle necessary arrangements. However, it’s important to note that certain occupations or contracts may have different provisions regarding bereavement leave. See Ontario’s official bereavement-leave guide.

Eligibility and Timing

Employees become eligible for bereavement leave after working with their employer for a minimum of two consecutive weeks. Employees are entitled to a total of two days of unpaid leave per calendar year, regardless of how many family members pass away in that year. There is no prorating for part-time work or starting partway through the year, once eligible. These two days do not need to be taken consecutively and can be used at any point in the year when the need arises, such as attending a funeral, memorial service, or handling estate matters.

If an employee only misses part of a workday for bereavement leave, they are entitled to be paid for the hours they worked on that day. The employer may count a partial absence as a full leave day, but the employee can take only the time needed.

Who is Considered Immediate Family for Bereavement Leave?

Bereavement leave is applicable when the death involves immediate family members, which includes:

Spouse: This includes both married and unmarried partners, regardless of gender.
Parents: This applies to biological parents, step-parents, and foster parents of the employee or the employee’s spouse.
Children: This includes biological, step, and foster children of the employee or the employee’s spouse.
Grandparents and Grandchildren: This covers both biological and step-grandparents and grandchildren, including step-grandchildren, of the employee or the employee’s spouse.
Siblings: The death of the employee’s brother or sister qualifies for bereavement leave.
In-Laws: Bereavement leave is applicable if the spouse of the employee’s child passes away.
Dependent Relatives: Any relative of the employee who relies on the employee for care or assistance is included if they pass away.

Additional Key Points to Consider

Job Protection and Eligibility

Eligibility: Employees who have worked with their employer for at least two consecutive weeks are entitled to bereavement leave.
Job Protection: The leave is job-protected, meaning employers cannot threaten, fire or penalize employees for taking or planning qualifying bereavement leave.

Flexibility in Use

Non-Consecutive Days: Employees are not required to take the two days of bereavement leave consecutively. They can use the days when they are most needed, such as immediately after the death, during funeral arrangements, or when dealing with legal matters related to the estate.
Non-Accruable: Any unused bereavement days do not carry over to the next year.

Contractual Agreements

Enhanced Benefits: If an employment contract, including a collective agreement, provides a greater right or benefit than the ESA bereavement standard, those terms take precedence over the standard legal requirements.
Minimum Standards: If the contract does not provide a greater right or benefit, the ESA standard for bereavement leave will apply.

It's important to note that while the minimum standard under Ontario law is two days of unpaid leave, individual employment contracts or workplace policies may offer more generous provisions, including additional days or paid leave.

Ontario’s example: one contractual paid day per year is not a greater right or benefit. A qualifying day counts toward both entitlements, leaving one ESA day, not two extra days.

Notice and Documentation

Advance Notice: Employees must inform their employer before taking bereavement leave. If it’s not possible to provide advance notice, they must inform their employer as soon as possible after starting it. Oral notice is sufficient; failure to notify does not itself remove the leave right.
Proof Requirements: Employers may request evidence reasonable in the circumstances, such as a death certificate, funeral program or obituary, to confirm the employee’s entitlement to bereavement leave. Reasonableness considers availability, cost, leave duration and other circumstances; no particular document is mandatory.

Federal Bereavement Leave

If you’re working in a federally regulated workplace in Ontario, separate Canada Labour Code rules apply: up to 10 days of bereavement leave for federally defined immediate family. The first three days are paid after three consecutive months of continuous employment with your employer.

Up to eight weeks apply if your child, or your spouse’s or common-law partner’s child, dies. Here, a child is under 18 or a person for whom you or your spouse or common-law partner is entitled to the Canada caregiver credit under paragraph 118(1)(d) of the Income Tax Act.

Give written notice as soon as possible with the start date, reason and length of leave; no other documentation is required. See the official federal leave guidance for details.

Understanding these provisions can help ensure you take the necessary steps during such difficult times.

What to Do Next

Check your workplace’s jurisdiction and your contract or collective agreement.
Identify the qualifying relationship and dates needed.
Use the notice route above for your jurisdiction.
Discuss reasonable evidence if asked under Ontario ESA rules.
If unsure, ask your employer or union about other leave or support.

Other ESA leaves have separate criteria and may also apply to the same event.

Conclusion

Bereavement leave is a vital benefit that allows employees to take the time they need to grieve and handle the practicalities that follow the death of a loved one. Understanding who qualifies as immediate family, how the leave can be used, and what protections are in place ensures that employees can navigate this difficult time with the support they need. If your employment contract offers additional benefits beyond the standard provisions, be sure to take advantage of those as well. Always communicate with your employer as clearly as possible during such times, and provide reasonable evidence if requested under Ontario ESA rules.