Bereavement Leave

What is bereavement leave?

Bereavement leave provides employees with time away from work following the death of a family member or other person covered by applicable legislation. The leave provides time to attend a funeral, memorial, or other related service, grieve, or address matters arising from the death. In most jurisdictions across Canada, employment standards legislation provides job-protected bereavement leave for eligible employees. The length of the leave, whether it’s paid or unpaid, and the employee’s relationship to the person who died vary by jurisdiction. 

Who can take bereavement leave?

Eligibility for bereavement leave depends on the applicable employment standards legislation and the relationship between the employee and the person who died. Eligibility requirements may also vary by jurisdiction and can include requirements relating to an employee’s length of employment.

Bereavement leave commonly applies when an employee experiences the death of a family member. This may include an employee’s:

• Spouse or common-law partner;
• Parent or guardian;
• Child;
• Sibling; or
• Grandparent.

Depending on the jurisdiction, the definition of family member may also include other relatives or persons who had a close relationship to the employee. Some employment standards legislation also specifically includes relationships created through marriage, adoption, or other legal arrangements.

Employers should check the applicable employment standards legislation when determining whether an employee is entitled to bereavement leave.

How long is bereavement leave?

The amount of bereavement leave provided under employment standards legislation varies by jurisdiction.

Some jurisdictions provide several days of bereavement leave, while others provide different amounts depending on the circumstances. Employers may also choose to provide employees with bereavement leave that exceeds minimum entitlements under applicable employment standards legislation through their employment policies or employment agreements.

Because bereavement leave requirements differ between jurisdictions, employers should refer to the employment standards legislation that applies to their workplace when determining how much leave an employee is entitled to.

Is bereavement leave paid?

Bereavement leave may be paid or unpaid depending on the jurisdiction and the circumstances. Some Canadian employment standards legislation provides employees with paid bereavement leave in certain circumstances, while other jurisdictions provide only unpaid leave. An employer’s own policies may also provide for paid bereavement leave when it’s not required by employment standards legislation.

Employees should check their applicable employment standards legislation and workplace policies to understand their bereavement leave entitlements.

When can bereavement leave be taken?

Legislation covering when the leave can begin and whether the days must be taken consecutively varies by jurisdiction. Legislation in some jurisdictions stipulates employees must take bereavement leave within a specified period following the death, while others do not.

Employees should check the applicable employment standards legislation or speak with their employer about how and when the leave can be taken.

If you think you need to review your bereavement policy, Citation Canada has you covered! Check out our blogpost, Why It’s Time to Refresh Your Bereavement Leave Policy, for insights from our HR experts. Or Download our free Protected Leave Guide, which will give you an overview of the steps you can take when an employee requests a protected leave.