Bereavement Leave in Ontario: Everything You Need to Know

Losing a loved one is undoubtedly one of life’s most challenging experiences. In Ontario, bereavement leave provisions aim to support employees during these difficult times. Here’s a comprehensive guide to understanding how bereavement leave works in Ontario.

What is Bereavement Leave?

Bereavement leave is a job-protected, unpaid leave that allows employees to take time off work following the death of certain family members. This provision is outlined in the Employment Standards Act (ESA), ensuring workers have the right to grieve without jeopardizing their job security.

Who is eligible and How Much Time Can You Take?

To be eligible for bereavement leave in Ontario, employees must have been employed for at least two consecutive weeks. Eligible employees are entitled to up to two (2) days of unpaid leave per calendar year. It is important to note that these two (2) days represent the minimum requirement under the ESA, and some employers may offer more generous policies.

An employer may require an employee to provide evidence that is “reasonable in the circumstances” to confirm their eligibility for bereavement leave. This could include a death certificate, a funeral home notice, a published obituary, a memorial service program, or communication from a legal office about estate matters. What is considered reasonable will depend on various factors such as the length of the leave, any patterns of absence, the availability of evidence, and the cost of obtaining it.

Covered Family Members

Bereavement leave applies to the death of specific family members, including:

  • spouse (includes both married and unmarried couples, of the same or opposite genders);
  • parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse;
  • spouse of the employee’s child;
  • brother or sister of the employee; and
  • relative of the employee who is dependent on the employee for care or assistance

It is worth noting that the death of certain family members – such as aunts, uncles, nephews, or nieces – does not qualify for bereavement leave under the ESA.

Is Bereavement Leave Paid?

Under the ESA, bereavement leave is unpaid. However, some employers may choose to offer paid leave as part of their company policies or contracts. Employees should review their employment contracts to understand their specific entitlements.

Your Rights During Leave

Bereavement leave is protected under the ESA, just like a pregnancy or a parental leave. Therefore, employers cannot threaten, dismiss, or penalize an employee for taking or planning to take bereavement leave.

Federal vs. Provincial Regulations

It is crucial to distinguish between provincial and federal regulations. While most Ontario employees fall under provincial jurisdiction, those in federally regulated industries (such as banking or telecommunications) have different entitlements. Under the Canada Labour Code, federally regulated employees are entitled to up to ten (10) days of bereavement leave, with the first three days being paid for employees who have worked for at least three consecutive months.

Interactions with Other Leaves

There are many different and distinct types of leaves covered by the ESA: bereavement leave, family responsibility leave, sick leave, family caregiver leave, family medical leave, domestic or sexual violence leave, critical illness leave, child death leave and crime-related child disappearance. Each leave has its own purpose, length, and eligibility requirements.

It is possible for an employee to be eligible for more than one type of leave for the same situation. However, each leave is considered separate, and entitlement to one does not impact entitlement to another. As a result, a single absence can only be applied to one type of ESA leave, even if the circumstances meet the requirements for multiple leaves.

Notifying Your Employer

When taking bereavement leave, it is important to inform your employer as soon as possible. Employees are required to notify their employer before starting the leave, or if that’s not feasible, as soon as possible after the leave has begun.

Although advance notice is expected, employees do not lose their right to take bereavement leave if they are unable to provide notice beforehand.

Conclusion

Bereavement leave in Ontario provides essential support for employees dealing with the loss of a loved one. While the provincial standards offer a baseline of two unpaid days per year, many employers recognize the need for additional support during these challenging times. Understanding your rights and your company’s specific policies can help you navigate this difficult period with one less worry on your mind.

At Levitt LLP, we are dedicated to ensuring that your rights are protected. Whether it’s about bereavement leave or any other employment-related issue, our experienced team is here to advocate for you. Contact us for a consultation and take the first step toward protecting your rights and entitlements.