Bereavement Leave

What is bereavement leave?

Bereavement leave provides employees with time away from work so they have time to cope with a death without the additional stressors of their jobs. In most jurisdictions across Canada, employment legislation provides bereavement leave for employees. The length of this leave and whether it is paid or unpaid varies by jurisdiction. Most jurisdictions provide for somewhere between three and five days off, but some leaves may require more. Employment standards also set the terms for how employees can use the leave. Most legislation provides the time to deal with grief, attend a funeral or memorial service, and handle estate matters. The bereavement leave also defines to whom it applies. In general, most bereavement leaves are only applicable for the loss of immediate family members: a parent or guardian, child, spouse, sibling, or grandparent, usually including those related by birth, by marriage, or by law, such as foster parents or children.

Who can take bereavement leave?

Eligibility for bereavement leave depends on the applicable employment standards rules and the relationship between the employee and the person who has died.

Bereavement leave commonly applies when an employee experiences the death of an immediate family member, such as a:

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

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

Employers should check the legislation that applies to their employees when determining whether an employee is entitled to bereavement leave.

How long is bereavement leave?

The length of bereavement leave varies across Canada. Employment standards legislation in different provinces and territories provides different amounts of leave, and the entitlement can also depend on the employee’s relationship with the person who died.

Some jurisdictions provide several days of bereavement leave, while others provide different amounts depending on the circumstances. Employers may also choose to provide more generous bereavement leave 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, while other jurisdictions provide unpaid leave. An employer’s own policies may also provide more generous paid leave than the minimum required by employment standards legislation.

Employees should check their applicable employment standards rules and workplace policy to understand whether their bereavement leave will be paid.

When can bereavement leave be taken?

Bereavement leave is generally intended to give employees time to deal with the death of a family member or another person covered by the applicable legislation. This can include grieving, attending a funeral or memorial service, making arrangements, and dealing with matters related to the deceased person’s estate.

The rules around when the leave can begin and whether the days must be taken consecutively vary by jurisdiction. Some legislation allows employees to take bereavement leave within a specified period following the death, while other rules may provide specific requirements for when the leave can be taken.

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

If you are unsure when your organization last reviewed its bereavement policies, Citation Canada, formerly HRdownloads, has you covered! Check out our blogpost, Why It’s Time to Refresh Your Bereavement Leave Policy, for insights from our HR experts. They’re designed to help you determine if it’s time to review your organization’s policies. 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.