Bereavement Leave in Ontario Explained
Losing a loved one is never easy. Between emotional grief and practical responsibilities, the last thing an employee should worry about is job security. That is why bereavement leave exists to provide workers in Ontario the time and space to cope with their loss while ensuring their employment rights are protected.
This article explains how bereavement leave works in Ontario, including who is entitled to it, how to notify your employer, proof requirements, and whether the leave is paid.
What Is Bereavement Leave in Ontario?
Bereavement leave allows employees to take time off work following the death of a close family member. In Ontario, this right is protected under the Employment Standards Act, 2000 (ESA).
Under Section 50.1 of the ESA, employees are entitled to up to two unpaid days of bereavement leave per calendar year after the death of certain family members. Some employers, however, may offer more generous terms under their workplace policies or employment contracts.
For federally regulated employees, the Canada Labour Code provides more extensive protection up to 10 days of bereavement leave, with three of those days paid for employees who have worked continuously for at least three months.
Because regulations can change, employees and employers should always verify the most recent legislation or consult with an employment lawyer in Ontario for guidance.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Bereavement leave can be a difficult topic balancing compassion with workplace needs is never simple. Understanding your legal rights and obligations helps ensure the process is handled fairly and respectfully for everyone involved.”
Who Is Entitled to Bereavement Leave in Ontario?
Employees covered under the Ontario ESA may take bereavement leave when the deceased is:
- A spouse or partner
- A parent, step-parent, or foster parent
- A child, stepchild, or foster child
- A grandparent or grandchild
- A sibling
- A son- or daughter-in-law
- A relative who depends on the employee for care or assistance
These relationships reflect the most common family ties recognized under the ESA.
Notifying Your Employer
When an employee needs bereavement leave, prompt and respectful communication is essential. Employees should notify their employer as soon as possible, explaining the need for leave and the expected duration.
Many workplaces have internal procedures or HR policies outlining how to request bereavement leave. Following those protocols can help ensure a smooth process during an emotionally difficult time.
Providing Proof for Bereavement Leave
Employers are permitted to ask for reasonable proof of entitlement. This may include:
- A death certificate, or
- An obituary or other public notice
While such requests should be handled sensitively, both parties should understand that employers may require documentation to maintain compliance with the ESA.
Is Bereavement Leave Paid in Ontario?
Under Ontario’s ESA, bereavement leave is unpaid. Employees are entitled to two unpaid days per calendar year, and these days cannot be carried over into the following year.
However, many employers offer paid bereavement leave as part of their internal policies or employment contracts. Employees should review their employment agreements, collective agreements, or HR policies to determine whether they are entitled to paid time off.
Key Takeaways
- Bereavement leave in Ontario provides employees with up to two unpaid days per year under the ESA.
- Federally regulated employees under the Canada Labour Code may take up to 10 days, with the first three days paid after three months of service.
- Employers can request reasonable proof of bereavement, such as a death certificate or obituary.
- Some employers provide additional paid leave, depending on workplace policies or contracts.
- Consulting an employment lawyer can help ensure that your rights and obligations are clearly understood.
How Achkar Law Can Help
At Achkar Law, we understand that dealing with bereavement while navigating employment rules can feel overwhelming. Whether you are an employee seeking clarity about your rights or an employer managing leave requests, our team of experienced employment lawyers in Ontario can help you interpret the law, review your policies, and ensure compliance.
Our compassionate approach ensures that both employees and employers handle these sensitive situations with understanding and respect.
Summary
Bereavement leave laws in Ontario aim to balance compassion with workplace obligations. While the ESA provides minimum protections, employers may go beyond these requirements. Knowing your rights and responsibilities can make a difficult time more manageable.
Contact Achkar Law
Understanding your rights and obligations around bereavement leave can be difficult, especially during an emotionally challenging time.
Whether you’re an employee unsure about your entitlement or an employer managing leave requests, our team at Achkar Law can help.
We assist clients across Ontario with:
- Bereavement and other ESA-protected leaves
- Unpaid or denied leave disputes
- Workplace policies and compliance with the Employment Standards Act
- Termination or discipline related to leave requests
Contact Achkar Law today to speak confidentially with an employment lawyer in Ontario about your situation.
Call toll-free: 1-800-771-7882 | Email: [email protected]
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. ©