Bereavement Leave in Ontario Explained
Dealing with the loss of a loved one is undoubtedly one of life’s most challenging experiences. In recognition of the need for support during such difficult times, bereavement leave serves as a crucial aspect of employment policies in Ontario and across Canada. In this blog post, we will look into the key aspects of bereavement leave, addressing who is entitled to it, differences between provincial and federal regulations, notifying employers, proof requirements, and whether the leave is paid.
What is Bereavement Leave
Bereavement leave is a workplace provision designed to provide employees with the time and space needed to cope with the loss of a close family member. It acknowledges the emotional and practical challenges associated with grieving and aims to support employees during these trying moments.
In Ontario, the primary statute governing bereavement leave is the Employment Standards Act, 2000 (ESA). Both employers and employees need to refer to Section 50.1. of the ESA that pertains to bereavement leave to ensure compliance with the law. Additionally, employers may have internal policies that align with or exceed the requirements outlined in the ESA.
The Canada Labour Code governs bereavement leave for federally regulated employees in Ontario. Under the Canada Labour Code, an employee is entitled to a leave of absence of up to 10 days in the event of a death of a family member. This is significantly more than what most provincially regulated employees in Ontario are entitled to.
Additionally, the Canada Labour Code provides for paid bereavement leave. An employee who has worked for three consecutive months is entitled to be paid for the first 3 days of their 10-day bereavement leave.
It is crucial to check the most recent version of the ESA, Canada Labour Code, or consult legal professionals for any amendments or updates to the legislation. Additionally, individual employment contracts and collective agreements may impact how these provisions are applied in specific workplaces.
Who Is Entitled to Bereavement Leave
Understanding who qualifies for bereavement leave is crucial. In Ontario, bereavement leave permits employees to take a maximum of two days of unpaid leave per calendar year following the passing of specific family members.
These eligible family members include:
- A spouse or partner
- A parent, or a foster parent
- A child, or a foster child
- A grandparent
- A grandchild
- A son- or daughter-in-law
- A sibling
- A relative who depends on the employee.
Notifying the Employer
When the need for bereavement leave arises, employees should promptly notify their employers. Clear communication is key, and employers may appreciate understanding the situation and potential duration of the leave. Understanding company-specific notification procedures is essential during such sensitive times.
Proof for Bereavement Leave
While the need for bereavement leave is generally accepted with empathy, employers may, in some cases, request proof or documentation. Commonly, this may be in the form of a death certificate or an obituary. However, the specific requirements can vary, and employees should be aware of their rights and obligations in this regard.
Is Bereavement Leave Paid
In Ontario, provincially regulated employees are entitled to two unpaid days of bereavement leave per calendar year, which cannot be carried over to another calendar year.
It is important to note that while the statutory minimum is unpaid, some employers may exceed these requirements and have policies in place that grant paid time off for bereavement leave. To determine your specific entitlements, it is advisable to check with your employer and review any applicable workplace policies. Employer policies may vary, and understanding your rights ensures you can make informed decisions during challenging times.
Contact Achkar Law
Bereavement leave can be emotionally challenging topic. If you find yourself with questions or concerns regarding bereavement leave in Ontario, we are here to help. Contact Achkar Law, where our compassionate team of employment lawyers understands the sensitivity of these matters. Your peace of mind matters to us – let us guide you through the intricacies of employment law during difficult times. Reach out for support and clarity today.
We offer comprehensive support to help you manage various employment and labour law challenges. Explore our services to find the support you need:
- For Employees: If your employer is not allowing you proper bereavement leave, we can assist you in understanding your rights and taking appropriate action.
- For Employers: We can help you create workplace policies that not only meet legislative standards but also foster a fair and productive environment.
Toll-free: 1 (800) 771-7882
Email: [email protected]
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Leave of Absence in Ontario: Explained
