Bereavement Leave in BC Explained
The loss of a loved one can be overwhelming. Employees often need time away from work to grieve, attend services, and support their families. In British Columbia, the Employment Standards Act (ESA) provides job-protected bereavement leave to help workers address these difficult times without fear of losing their jobs.
This article explains who is eligible, how many days are available, what proof employers can request, and how workplace policies interact with the law.
📍 Not in BC?
If you’re an employee or employer in Ontario, the law works differently. See our Ontario-specific article about bereavement leave.
What Is Bereavement Leave in BC?
Bereavement leave is a job-protected absence that allows employees to take time off work following the death of an immediate family member.
Under the Employment Standards Act, employees are entitled to:
- Up to three days of unpaid leave per calendar year
- Leave that may be taken all at once or on separate occasions
- Job protection, meaning employers cannot terminate, penalize, or refuse to reinstate an employee for taking it
- No minimum service requirement: Bereavement leave is available from the first day of employment.
Who Is Considered “Immediate Family”?
The ESA defines immediate family broadly.
It includes:
- A spouse, parent, or child
- A sibling, grandparent, or grandchild
- Anyone the employee considers “like family”
This inclusive definition ensures employees can take leave even for non-traditional family relationships, such as a close family friend or someone who acted as a parent figure.
How Bereavement Leave Works
Employees can take up to three unpaid days per calendar year following the death of an immediate family member.
These days:
- Can be taken together or separately
- Apply to one or multiple losses during the same year
- Do not carry over unused days expire at the end of the calendar year
Some employers go beyond ESA minimums by offering paid bereavement leave or additional days in company policies, employment contracts, or collective agreements. Employees should review their terms of employment to see if they are entitled to more.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Bereavement leave situations are never easy, employees need time to heal, and employers need clarity to manage their teams fairly. Having proper legal guidance helps ensure everyone’s rights and obligations are respected during such a sensitive time.”
Do Employees Need to Provide Proof?
Employers are allowed to request reasonable proof that the leave is being taken for a qualifying reason.
Examples of acceptable documentation include:
- An obituary notice
- A death certificate
- A memorial or funeral program
However, employers should apply this requirement sensitively and respectfully, considering the emotional nature of bereavement. Overly strict proof demands could be viewed as bad faith or even trigger complaints to the Employment Standards Branch.
Employer Obligations Under BC Law
Employers in British Columbia must:
- Allow employees to take bereavement leave without penalty
- Reinstate employees to the same or a comparable position afterward
- Ensure workplace policies meet or exceed ESA minimums
Failure to comply with these requirements may result in complaints, investigations, or liability under the ESA.
Employee Rights and Responsibilities
Employees should:
- Notify their employer as soon as possible if they need to take bereavement leave
- Provide proof if reasonably requested
- Understand that bereavement leave is unpaid, unless additional benefits are provided by their employer
Why Bereavement Leave Matters
Bereavement leave acknowledges that grieving is a deeply personal process and that employees need time to heal, support loved ones, and manage their affairs.
- For workers, it means being able to focus on family without the added worry of job security.
- For employers, compliance fosters trust, compassion, and a healthier workplace culture.
- No. Bereavement leave is unpaid under the ESA, but employers may choose to offer paid leave.
- You are entitled to up to three unpaid days per calendar year.
- Yes, but the request must be reasonable and respectful, for example, asking for an obituary or memorial notice.
- Yes, if you consider them “like family,” you are entitled to leave under the ESA’s broad definition.
- Yes. If the business needs a shift or the original metrics don’t reflect the employee’s role accurately, you can revise the plan, just document it and communicate the changes.
Need Help Understanding Your Rights and obligations?
Bereavement is hard enough without workplace stress. If your employer has denied your leave, penalized you for taking time off, or demanded excessive proof, you may have legal options.
At Achkar Law, we help employees across B.C. understand their workplace rights, and we support employers in drafting compassionate, legally compliant policies.
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. ©