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Bereavement Leave in Ontario: How Many Days You Are Entitled To and What Your Employer Must Do
Losing a loved one is difficult enough without having to worry about your job. Bereavement leave in Ontario gives employees protected time away from work following the death of a family member. Under the Employment Standards Act, 2000, most Ontario employees are entitled to up to two unpaid days of bereavement leave per calendar year. Some employers provide more generous terms through their workplace policies or employment contracts.
Did your employer refuse or penalize you for taking bereavement leave?
Bereavement leave is a protected statutory right under the Employment Standards Act, 2000. Disciplining or terminating an employee for taking protected leave may give rise to a Ministry of Labour complaint or wrongful dismissal claim.
Call: 1-800-771-7882 Speak With an Employment LawyerBereavement leave entitlements: provincial vs. federal
Whether provincial or federal rules apply depends on your industry. Most Ontario workers are covered by the provincial Employment Standards Act, 2000. Employees in federally regulated industries such as banking, telecommunications, air and rail transport, and postal services are covered by the federal Canada Labour Code, which provides significantly more generous entitlements.
Ontario ESA — provincial employees
- Up to 2 unpaid days per calendar year
- Available after the death of an eligible family member
- Days do not carry over to the following year
- Employer may request reasonable proof
Canada Labour Code — federal employees
- Up to 10 days of bereavement leave
- First 3 days paid after 3 months of continuous service
- Applies to banking, telecom, air and rail transport, postal services
Who qualifies as a family member for bereavement leave in Ontario?
Immediate family
- Spouse or partner
- Parent, step-parent, or foster parent
- Child, stepchild, or foster child
- Sibling
Extended and dependent family
- Grandparent or grandchild
- Son-in-law or daughter-in-law
- A relative who depends on the employee for care or assistance
Is bereavement leave paid in Ontario?
Under Ontario's ESA, bereavement leave is unpaid. The two-day statutory entitlement does not come with a pay obligation. However, many employers offer paid bereavement leave through their internal policies, collective agreements, or employment contracts. Review your employment agreement or HR handbook to confirm what applies to your situation. If your contract provides paid bereavement leave, your employer is contractually obligated to honour it.
Was your bereavement leave denied or were you disciplined for taking it?
Bereavement leave is job-protected under the ESA. Your employer cannot refuse a qualifying leave or penalize you for taking it. Get advice before making any decisions about your employment.
Get Legal Advice Or call us: 1-800-771-7882Notifying your employer and proof requirements
When you need bereavement leave, notify your employer as soon as possible and communicate the expected duration of your absence. Many workplaces have internal HR procedures for requesting bereavement leave. Following those procedures helps ensure a smooth process during a difficult time.
Employers are permitted to request reasonable proof of entitlement. This may include a death certificate, an obituary, or another public notice. Such requests should be handled sensitively. You are not required to provide documentation beyond what is reasonably necessary to confirm entitlement to the leave.
Key takeaways about bereavement leave in Ontario
Frequently asked questions about bereavement leave in Ontario
How many bereavement days are employees entitled to in Ontario?
Under the Employment Standards Act, 2000, most Ontario employees are entitled to up to 2 unpaid bereavement days per calendar year following the death of an eligible family member. Some employers provide additional paid days under their workplace policies or employment contracts, which may be more generous than the ESA minimum.
Is bereavement leave paid in Ontario?
Not under the ESA. The statutory entitlement is unpaid. However, many employers choose to provide paid bereavement leave as part of their policies. Review your employment agreement or HR handbook to confirm what applies to your specific situation.
Can my employer ask for proof of bereavement?
Yes. Employers are permitted to request reasonable documentation such as a death certificate or obituary. These requests should be handled sensitively. You are not required to provide documentation beyond what is reasonably necessary to confirm your entitlement to the leave.
Can I be disciplined or fired for taking bereavement leave?
No. Bereavement leave is a protected statutory right under the ESA. Disciplining or terminating an employee for taking protected leave may constitute a reprisal and could give rise to a Ministry of Labour complaint or a wrongful dismissal claim.
Do bereavement leave days carry over to the next year?
No. Bereavement leave days under the ESA do not carry over into the following calendar year. Each year the entitlement resets. If your employer's policy provides for carryover beyond the ESA minimum, that contractual entitlement must be honoured.
Questions about bereavement leave in Ontario?
If your bereavement leave was denied, your employer requested excessive documentation, or you were disciplined for taking protected leave, our team can help. We advise employees across Ontario on Ministry of Labour complaints and employment standards disputes. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©