When facing the loss of a loved one, you shouldn’t have to worry about your rights at work. Bereavement leave in Ontario is a job-protected right that allows employees to take time off work when a close family member dies. As outlined in the Employment Standards Act (ESA), bereavement leave guarantees up to two unpaid days per calendar year. In this guide, we’ll cover eligibility, how the leave works, notice requirements, and what to do if you need more time.
What is bereavement leave in Ontario?
Bereavement days in Ontario give employees time to grieve and process their loss without fear of losing their job. It can be taken at the time of a family member’s death or sometime later to attend a funeral or memorial. It can also be used to manage estate matters.
Quick Overview (TL;DR:)
Ontario offers bereaved leave as a protection under the Employment Standards Act (ESA). Eligible employees are entitled to two unpaid days off per calendar year for the death of a close family member.
Bereavement leave in the Employment Standards Act
Under Ontario’s ESA, bereavement leave is the statutory minimum that protects your job while you’re away. To qualify for bereavement days, you need to have worked for your employer for at least two consecutive weeks. However, not everyone falls under the ESA. Employees in federally regulated industries are covered by the Canada Labour Code, which has different rules.
Defining eligible employees and close family members
If you’ve worked for your employer for at least two consecutive weeks, you’re eligible for bereavement leave for a close family member.
Who qualifies as a close family member?
The ESA only provides bereavement leave for the death of certain family members, and eligibility turns on whether the person who died falls within this list. They define close family members as:
- Your spouse or common-law partner
- Your or your spouse’s parent, including a step-parent, foster parent
- Your sibling
- Your or your spouse’s child, step-child, foster child, or adoptive child
- Your or your spouse’s grandparent, step-grandparent, grandchild, or step-grandchild
- Dependent relatives who rely on you for care or assistance
How many bereavement leave days are you entitled to in Ontario?
Ontario employees are entitled to up to two unpaid days of bereavement leave each calendar year. This entitlement is per year, not per death, and applies regardless of how many close family member deaths occur during the year.
The two days do not need to be used consecutively. Unused days do not carry over beyond the year, resetting at the start of January.
Are bereavement days paid in Ontario?
No, pay for bereavement leave is not mandatory in Ontario. That said, many employers choose to offer paid bereavement leave through an employment contract, HR policy, or collective agreement. Review your employment documents to see whether a paid leave counts against your ESA entitlement.
Collective agreements and enhanced entitlements for paid bereavement leave
While your right to bereavement leave under the ESA is just the basic minimum standard, collective agreements often provide greater benefits for short leaves and personal emergency days. If you are a unionized employee, review your collective agreement for specific terms about paid bereavement days. Whichever provides better terms will apply.
How it works for federally regulated employees?
If you work in a federally regulated industry, the Canada Labour Code (CLC) covers your bereavement leave. Federally regulated industries include:
- Postal services
- Banking
- Telecommunications and broadcasting
- Air transportation and railways
Employees under the CLC are entitled to up to 10 days of bereavement leave upon the death of an immediate family member. This is considerably more than the ESA’s two days. What’s more, the CLC offers paid bereavement leave. If you’ve worked for your employer for at least three consecutive months, the first three bereavement days are paid. If the bereavement leave is for the loss of a child, you can take up to eight weeks, with the first three days being paid.
Interaction with critical illness and other leaves
While bereavement leave is specifically for after a death, Ontario’s ESA covers many different types of leaves, such as:
- Critical illness leave provides up to 37 weeks to care for a critically ill child or up to 17 weeks for a critically ill adult.
- Family medical leave offers up to 28 weeks to care for family members with a serious medical condition that poses a significant risk of death.
- Family caregiver leave allows up to 8 weeks to support family members with a serious medical condition.
- Sick leave (up to 3 days per year)
These leaves are separate and legally distinct, but they often overlap in practice. For example, it’s common to move from family medical leave into bereavement leave once your family member dies. If your situation spans more than one leave type, you could be entitled to switch between them instead of sticking to just one, though eligibility requirements vary by leave. If grief develops into a long term illness, a separate medically supported leave may apply for a longer period. Depending on the circumstances, family responsibility leave may also help with urgent family responsibility issues tied to estate or dependant matters.
Notice and proof requirements
When taking bereavement leave in Ontario, it’s best to notify your employer before you begin the absence or as soon as possible after it starts. If it’s not possible to give advance notice, that doesn’t affect your entitlement. Written notice isn’t required, so you can tell your employer verbally or through a phone call or text.
Employers have the right to ask for proof that you’re eligible for bereavement leave and may ask the employee to provide reasonable evidence, but documentation requirements can vary by employer. There is no one required way to prove the leave, so an employer should accept reasonable evidence available in the circumstances. Proof could be a death certificate, an obituary, a funeral notice, a printed program, communication from a funeral home, or communication from an estate lawyer.
What counts as reasonable evidence in the circumstances will vary according to the situation. Factors include the leave duration, absence history, available evidence, and the cost of obtaining that evidence. Employers should take care to be sensitive and not make excessive demands.
When two days isn’t enough
In the case of a sudden or significant loss, two days often isn’t enough time away, especially if you need extra time not only for grief but also for an appointment related to estate administration. If you need more time, there are a few options.
Many employees combine their bereavement days with unused vacation time to extend their leave. You can also ask your employer for unpaid personal leave beyond the ESA minimum. If you make this request and your employer grants it, it’s usually best to put the agreement in writing.
If your grief starts to affect your ability to function day to day, it may qualify as a mental health disability under the Ontario Human Rights Code. If grief develops into a diagnosable condition that affects an employee’s ability to work, the employee may be entitled to medical leave or workplace accommodation beyond the standard bereavement-leave period. Medical documentation may be required to support the employee’s leave request or accommodation request. Where the Ontario Human Rights Code applies, the employer is obligated to accommodate those needs to the point of undue hardship. This is a separate avenue from the bereavement leave itself, but it’s worth discussing with an employment lawyer if you think it applies to your situation.
What to do if an employer refuses or penalizes you?
If you’re eligible, job protected bereavement leave in Ontario can’t lawfully be refused when you meet the requirements, and your employer can’t punish you for taking it. Reprisals such as refusal, threats, discipline, demotion, reduced hours, or termination are a violation of your ESA bereavement protections. Employers also can’t withhold wages already earned for hours worked because you took the leave.
If this happens to you, start documenting everything. Keep a record of what happened and save any messages where the bereavement leave was discussed. From there, you can file a complaint with Ontario’s Ministry of Labour and they will investigate. If you’re facing something more serious like a job termination, you may want to speak to an employment lawyer first. Our team at Whitten & Lublin can help you understand whether you have a wrongful dismissal claim.
When to talk to an employment lawyer?
If your employer refused your leave, punished you for it, or you simply need more clarity on bereavement leave in Ontario and Canada, reach out to the employment lawyers at Whitten & Lublin. Our team has helped thousands of workers in Ontario and advocated for their rights. Our lawyers can help you with topics like:
- Understanding your Employment Standards Act (ESA) rights
- Identifying how your leave entitlements interact
- Determining whether you have a wrongful dismissal claim
- Negotiating time off beyond the ESA minimum
- Navigating short-term and long-term disability leaves
If you’re a unionized employee, speak to your union representative first. They can guide you through your bereavement entitlements.
You can contact the Whitten & Lublin team online or call 416-640-2667 to discuss your situation and needs.
Frequently Asked Questions
Do I get two bereavement days every time a family member dies?
No, the ESA offers two unpaid days per total calendar year, not two days per death. If you lose multiple family members in the same year, your entitlement still caps at two days, and it does not restart until the next calendar year.
Is bereavement leave paid in Ontario?
No, the two-day entitlement provided by the ESA is unpaid. However, many employers offer paid bereavement leave through a company policy or collective agreement. Check your employment contract for specific terms.
Does bereavement leave cover aunts, uncles, and other extended family?
No, the ESA’s list of qualifying family members doesn’t include aunts, uncles, nieces, nephews, or cousins. While your employer may still choose to give you time off for these losses, it isn’t a legal requirement.
Does bereavement leave apply to in-laws?
It depends on the specific relationship. The ESA includes parents, grandparents and grandchildren of “the employee or the employee’s spouse,” but it doesn’t extend to broader in-law relationships like a spouse’s sibling.
Do I need to give written notice before I take bereavement leave?
No, verbal notice is sufficient. In a situation where you’re unable to give notice beforehand, you can simply tell your employer as soon as possible after your leave starts.
Can an employer ask for proof of my bereavement?
Yes, but only if it’s reasonable. What counts as reasonable will depend on your situation, but proof can be provided in the form of a death certificate, obituary, or funeral or memorial service printed program.
Does bereavement leave work the same for federally regulated employees?
No, federally regulated employees are covered by the Canada Labour Code instead of the ESA. This entitles them to up to 10 days of bereavement leave, with the first three being paid.
