Bereavement leave in Ontario: an employer’s guide

What is bereavement leave?

Bereavement leave is an unpaid, job protected leave that allows employees to take time off from work following the death of a close family member. This time could be used immediately following the passing of their family member to grieve, to attend the funeral, or handle estate matters. 

It is important to note that bereavement leave entitlements span the year, not individual cases. This means if an employee was to unfortunately lose 2 family members in the same year, their entitlement to 2 days of unpaid leave would span both of these events, not individually. 

How long does bereavement leave in Ontario last?

Under Ontario’s Employment Standards Act (ESA), bereavement leave lasts up to 2 days, but it does not have to be taken consecutively. 

Individual employers may decide to offer more generous time allowances in their policies, but as long as they provide the statutory minimum 2 days, they will be compliant with the ESA. All contractual obligations must be met, if there are more generous leave policies in place, these must be upheld. 

How employees qualify for bereavement leave

If an employee loses a close relative, and they work in an ESA regulated workplace in Ontario, they will likely qualify for the leave—unless they work in an exempt industry. 

Family members that apply for bereavement leave 

Employees can take bereavement leave for the loss of the following family members: 

• Spouse 

  • Married couples 

  • Unmarried couples 

  • Gender-diverse relationships included 

• Parent 

  • Biological parent 

  • Stepparent 

  • Foster parent 

  • Adoptive parent 

• Child 

  • Biological child 

  • Stepchild 

  • Foster child 

  • Adoptive child 

• Spouse of the employee’s child 

• Sibling 

• Relative who is dependent on the employee for care/assistance 

Bereavement leave exemptions 

Some professions may not take bereavement leave, due to it constituting an act of professional misconduct or dereliction of professional duty—such as health practitioners. Visit the Ontario Government’s official site for more information on exempt industries. 

Notice requirements for bereavement leave in Ontario

Employees are expected to provide reasonable notice to their employers prior to taking bereavement leave. As it is a highly sensitive and difficult time for employees, this requirement may not always be met. 

If the employee has to begin the leave before notifying their employer, they must inform the employer as soon as possible. This notice does not have to be given in writing; verbal notice will suffice. 

While there is a requirement for notice to be given before/after the leave commencing, the employee does not lose the right to take the leave if they fail to notify their employer. 

To ensure that employers follow best practice, it is best to let employees establish this leave at their own pace. There is nothing wrong with following up with an employee to confirm their wellbeing if they are absent, but frequent contact could constitute harassment. 

Requesting reasonable evidence of bereavement

When an employee requests or notifies their employer that they will be taking bereavement leave, employers have the right to request reasonable evidence, or proof, that they are eligible. 

However, “reasonable” evidence will vary upon the specific circumstances. Employers cannot ask overly sensitive questions or cause undue hardship with their request and must allow some flexibility during the trying time. 

Some forms of reasonable evidence could be: 

• A death certificate 

• Notification from the funeral home 

• A published obituary 

• A copy of a printed program from a memorial service 

• Communication from a legal office appointment to discuss estate matters 

For example, an unreasonable request could be asking a minimum wage employee to provide a letter from a lawyer if the appointment or letter would cost the employee $25 from the lawyer. 

In the interest of best practice, it is advisable to have some guidance included in employment contracts regarding various forms of proof and reasonable timelines expected for delivery. 

Common employer questions about bereavement leave

Can I decline bereavement leave?

If an employee has not used their statutory minimum or contractually allowed bereavement leave allowance, employers cannot decline a bereavement leave request. This would directly contravene the ESA and cause an employee undue hardship. 

Can I deny time off for a funeral?

This works the same way as any bereavement leave request would work, as time off for funerals fall under bereavement leave. If an employee has not used their statutory or contractual bereavement leave allowances, employers cannot deny this time off. 

Can I ask for proof for bereavement leave?

Yes, employers can ask for proof for bereavement leave but must not cause undue hardship with their request. See the above section on “reasonable evidence” for more guidance. 

Need help navigating bereavement leave in Ontario?

BrightHR is here to support you. Access 24/7 expert HR advice, ready-to-use ESA-compliant policy templates, and a fully integrated leave management system. 

Whether you’re handling sensitive leave requests, updating policies, or ensuring your team stays compliant and compassionate, BrightHR makes it simple. 

Book a free demo today to see how BrightHR can help your business manage bereavement leave with confidence.