Losing someone close to you is one of the hardest experiences in life. During this sad time, focusing on work becomes challenging. That’s why bereavement leave exists. It gives employees the time and space they need to grieve, attend funeral arrangements, and be with their families.
In Ontario, bereavement leave is protected under the Employment Standards Act (ESA). There is so much you must know about this leave policy, so this guide covers:
When you know these details, you can properly determine if you are getting all the rights and entitlements from your employer.
Bereavement leave is a job-protected, unpaid leave for employees to help them heal after the sudden death of a family member. During this time, they can attend funeral services, and attend to personal affairs.
Under Section 50.0.2 of Ontario’s Employment Standards Act (ESA), employees are entitled to up to two unpaid days of bereavement leave per death. The ESA provides a specific list of family members who qualify for this leave.
Though the leave is unpaid under provincial law, employers still choose to offer paid leave through workplace policies or employment contracts.
For federally regulated employees, bereavement leave rules are different. Those who are eligible for this leave can take up to 10 days off. If they have been working for at least 3 consecutive months, they are also entitled to 3 days of paid leave.
However, employment law can change at any time, so employers and employees must stay up to date on current legislation. Consulting an employment lawyer in Ontario can also help ensure you fully understand your rights and obligations.
An employee qualifies for bereavement leave only if the deceased person was their:
If the person who passed away is not on this list, the ESA does not require your employer to give bereavement leave. However, some employers may still allow time off under their company policies.
If you are unsure whether you qualify, reviewing your employment contract or speaking with an employment professional can help clarify your rights.
If you need to take bereavement leave, you are expected to inform your employer before starting your leave. If advance notice is not possible due to the circumstances, you must notify your employer as soon as you can.
However, failing to provide notice immediately does not mean you lose your right to take bereavement leave. The leave remains job-protected under the Employment Standards Act (ESA).
There is also no requirement to provide notice in writing. You can inform your employer verbally, such as by phone or in person.
After the employee seeks bereavement leave, the employer has the right to request reasonable proof and then have it approved. This helps ensure compliance with the Employment Standards Act (ESA).
Note that the "reasonable" evidence definition varies from person to person, depending on the circumstances. Employers should be careful when questioning during this tough time and avoid overly sensitive questions. Also, they should not make requests that can add more stress or financial burden.
Here are some of the documents that count as reasonable proof:
An example of an unreasonable request would be requiring costly documentation that places financial strain on the employee, especially if the employee is in a lower-wage position.
As a best practice, employers may include clear guidance in employment contracts or workplace policies outlining acceptable forms of proof and reasonable timelines for submitting documentation.
When an employee takes bereavement leave under Ontario’s Employment Standards Act (ESA), their job and workplace rights remain protected during that time.
Job Protection
Employees have the right to return to the same position once their leave ends. If that exact job is no longer available, the employer must offer a comparable position with the same pay, benefits, and working conditions.
Protection From Reprisals
Employers are not allowed to discipline, threaten, dismiss, or retaliate against an employee for requesting or taking bereavement leave. Any negative action taken because an employee exercised their ESA rights is against the law.
Continuation of Benefits
During the leave, employers must continue benefits such as health, dental, or pension plans, as long as the employee continues paying their share of any required contributions.
Length of Service Still Counts
Time spent on bereavement leave counts toward an employee’s length of employment. This means it does not affect seniority, vacation time, or other benefits that depend on how long someone has worked.
Right to Fair Treatment
Employees are not required to “make up” the time they missed while on leave. They also cannot be forced to accept lower pay, fewer hours, or worse treatment upon their return. They must be treated the same as they were before the leave began.
Rutman & Rutman Professional Corporation is a trusted employment and human rights litigation firm with extensive experience advising employees on their rights under Ontario employment law, including bereavement leave and pay entitlements. We provide clear, practical legal guidance to help employees understand their legal entitlements during difficult times.
If you believe your employer has wrongfully denied bereavement leave, failed to follow your employment contract, or retaliated against you for taking leave, Rutman Law can help you understand your rights and your employer’s legal obligations.
We offer detailed consultations to review your situation, explain your options, and ensure you receive the protections and benefits you are entitled to under Ontario law.
Can an employer decline bereavement leave?
No, if an employee has not exhausted their statutory minimum or contractually provided bereavement leave entitlement, an employer cannot refuse the request. Denying bereavement leave would violate the ESA and could place undue hardship on the employee.
Can an employer deny time off to attend a funeral?
No, time off to attend a funeral is considered part of bereavement leave. As long as the employee remains within their statutory or contractual bereavement leave allowance, the employer cannot deny this request.
Can employers request proof of bereavement leave?
Yes, employers may request reasonable proof to support a bereavement leave request, provided the request does not create undue hardship for the employee. You can read the section on “reasonable evidence” for further guidance.
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