Bereavement leave In Ontario

Bereavement leave is an essential form of job-protected leave that allows employees to take time off work following the death of a loved one. 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?

Bereavement leave allows employees to take up to two unpaid, job-protected days off each calendar year due to the death of an immediate 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.

Eligibility and Timing

Employees become eligible for bereavement leave after working with their employer for a minimum of two consecutive weeks. They can take up to two days off each year for this purpose. 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.

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.
• Children: This includes biological, step, and foster children.
• Grandparents and Grandchildren: This covers both biological and step-grandparents and grandchildren.
• Siblings: The death of a brother or sister, including step-siblings, qualifies for bereavement leave.
• In-Laws: Bereavement leave is applicable if the spouse of the employee’s child passes away.
• Dependent Relatives: Any relative 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 employees cannot lose their job for taking this time off.

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 provides more generous bereavement benefits (e.g., paid leave), those terms take precedence over the standard legal requirements.
• Minimum Standards: If the contract offers less than the legal minimum, the legal standards for bereavement leave will apply.

Notice and Documentation

• Advance Notice: Employees are generally expected to inform their employer as soon as possible before taking bereavement leave. If it’s not possible to provide advance notice, they should inform their employer at the earliest opportunity.
• Proof Requirements: Employers may request proof of the death, such as a death certificate or funeral program, to confirm the employee’s entitlement to bereavement leave.

Bereavement Leave in Ontario

In Ontario, bereavement leave allows employees to take up to two unpaid days off each calendar year due to the death of certain immediate family members. This leave is job-protected, meaning employees cannot lose their job for taking this time off.

Eligibility:

• Employees become eligible for bereavement leave after working with their employer for at least two consecutive weeks.
• The leave covers the death of specific family members, including a spouse, parent, child, grandparent, grandchild, sibling, or any relative who was dependent on the employee.

Key Points:

• Duration: 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.
• Proof Requirement: Employers can request reasonable proof of the death, such as a death certificate or obituary, to grant bereavement leave.
• Notice: Employees are generally required to inform their employer as soon as possible about the need for bereavement leave. While written notice is not mandatory, timely communication is encouraged.

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​​.

If you’re working in a federally regulated industry in Ontario, such as banking or telecommunications, you might be entitled to up to 10 days of bereavement leave, with the first three days being paid​.

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

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 any necessary documentation to facilitate the process.