The Ontario Employment Standards Act requires employers to provide most workers with up to two days of unpaid bereavement leave per calendar year following the death of an immediate family member. While you may ask for reasonable evidence, you must respect the employee’s privacy and dignity during their mourning period.
Managing a business involves navigating sensitive human resources issues, and few situations are as delicate as an employee losing a loved one. Whether your company is located in Hamilton, London, or Sudbury, if you are a provincially regulated business you must comply with the minimum standards set by the Ontario Employment Standards Act, 2000 (ESA) regarding bereavement leave. Denying a valid leave request can result in severe fines from the Ministry of Labour and cause irreparable damage to employee morale. (Note that federally regulated employers operating in Ontario—such as banks, telecommunication providers, and interprovincial transport companies—are governed instead by the Canada Labour Code, which provides a more generous entitlement of up to 10 days of bereavement leave, with the first 3 days paid after 3 consecutive months of continuous service).
Bereavement leave in Ontario is designed to give workers job-protected time off to attend funerals, manage estate affairs, or simply grieve without the fear of losing their employment. It is important to remember that these are statutory minimums. Many progressive employers and unionized workplaces offer far more generous packages, including paid leave. Understanding the baseline legal requirements ensures your business remains compliant while fostering a compassionate workplace culture.
Step-by-Step Process for Managing Bereavement Leave in Ontario
When an employee informs you of a death in the family, the situation must be handled promptly and professionally. Most businesses follow this standard procedure.
Step 1: Acknowledge the Request Promptly
When an employee requests bereavement leave, respond immediately with empathy. In many cases, the request will be sudden, perhaps via an early morning text message or phone call. Acknowledge their situation and verbally approve the immediate time off so they can attend to their family emergencies. You can handle the formal administrative paperwork once they return or have a moment to breathe.
Step 2: Determine ESA Eligibility
Under the ESA, employees who have worked for you for at least two consecutive weeks are entitled to bereavement leave. You must determine if the deceased qualifies as an “immediate family member” under the law. The ESA strictly defines this group, which includes: a spouse, parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild, step-grandchild, or a sibling of the employee. It also includes the spouse of the employee’s child, any relative who is dependent on the employee for care or assistance, and the equivalent parents, children, grandparents, and grandchildren of the employee’s spouse. However, it excludes the spouse’s siblings (such as a brother-in-law or sister-in-law).
Step 3: Ask for Reasonable Evidence (If Necessary)
The law permits employers to require an employee to provide “evidence reasonable in the circumstances” to prove their entitlement to the leave. However, caution is highly advised. Demanding a formal death certificate for a simple two-day unpaid leave is generally viewed as intrusive and unreasonable. A link to an online obituary, a funeral home notice, or a simple note from the employee is typically sufficient. Many Ontario law firms advise taking the employee at their word unless there is a documented history of dishonesty.
Step 4: Record the Leave and Adjust Payroll
Bereavement leave under the ESA is unpaid. You must accurately record the days taken in your payroll system as statutory bereavement leave, rather than unexcused absences. This ensures the employee’s job continuity is protected. Taking this leave does not constitute a break in continuous service, meaning it does not negatively impact their seniority or calculation for future termination pay or vacation time.
How Much Does Bereavement Leave Cost the Employer?
From a direct payroll perspective, statutory bereavement leave is entirely unpaid, meaning there is zero direct wage cost to the business. However, you must consider indirect costs:
- Operational Downtime: You may need to pay overtime to other staff members to cover the grieving employee’s shifts.
- Optional Paid Policies: Many employers choose to offer 3 to 5 days of paid bereavement leave as a company perk. If your employment contract promises paid leave, you must honour that financial commitment.
- Non-Compliance Fines: If a manager illegally denies the leave or fires the employee for taking it, your business could face Ministry of Labour fines, orders to reinstate the employee, and compensation for lost wages.
How Long is the Leave Valid For?
The ESA provides up to two days of unpaid leave per calendar year. This is not per death, but a total annual bank. For example, if an employee’s grandfather passes away in February (using 2 days), and their sibling passes away in November of the same year, the employer is not legally obligated under the ESA to grant further statutory bereavement days. However, the employee might still qualify for other leaves, such as unpaid Family Responsibility Leave. The two days reset every January 1st and do not carry over into the next year.
Frequently Asked Questions (FAQ)
Does an employee have to take the two days consecutively?
No. An employee can split the days. For example, they might take one day immediately following the death to grieve, and save the second day for a funeral or memorial service held weeks or months later.
What happens if the employee takes only half a day off?
Under the ESA, if an employee takes any part of a day as bereavement leave, the employer can count it as one full day of their two-day statutory entitlement. However, you only deduct pay for the hours they actually missed.
Can an employee use vacation days to get paid during this time?
Yes. If the employee wishes to be paid, they can request to use their accrued vacation pay or paid personal days, provided the employer agrees to schedule the vacation time during that period.
Does bereavement leave apply to the death of an aunt or uncle?
No. Under the strict definition of the Ontario Employment Standards Act, aunts, uncles, nieces, nephews, and cousins do not qualify as immediate family members for statutory bereavement leave. Employers may grant unpaid time off at their own discretion.
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