Under the Ontario Employment Standards Act (ESA), eligible employees are guaranteed up to 2 days of unpaid bereavement leave per calendar year following the death of an immediate family member. While your employer is not legally required to pay you for these days, they are strictly prohibited from firing or penalizing you for taking the time to grieve.
Losing a loved one is one of the most devastating experiences a person can face. In the immediate aftermath, workers in cities across the province, from London to Sudbury, are forced to juggle overwhelming grief with the sudden logistical nightmare of planning a funeral. A major source of anxiety during this difficult time is job security. Many employees panic, wondering if taking a few days off to mourn will result in a severely reduced paycheque or, worse, termination upon their return to the office.
In Ontario, the Employment Standards Act (ESA) steps in to provide a baseline of job-protected time off through Bereavement Leave. However, there is widespread confusion regarding who exactly qualifies as ‘family’ under the law, and whether the employer has a legal duty to compensate you while you attend a funeral. Knowing your statutory rights allows you to step away from your job with peace of mind, ensuring your career remains safe while you prioritize your family. We will explain exactly how to claim your bereavement minimums. 📍
Step-by-Step Process in Ontario for Taking Bereavement Leave
Claiming your bereavement leave is a straightforward process, but it requires clear communication to trigger the legal protections of the ESA. Taking these steps ensures your absence is officially protected from any disciplinary action.
Step 1: Confirm the Deceased Fits the ‘Immediate Family’ Definition
ESA bereavement leave is not a blank cheque for any funeral. The law specifically restricts this protected leave to the death of a specified family member. This includes your spouse (including common-law), parents, step-parents, children, step-children, grandparents, grandchildren, siblings, and the parents or children of your spouse. Unfortunately, if an aunt, uncle, cousin, or best friend passes away, you do not have an automatic statutory right to bereavement leave. 👪
Step 2: Ensure You Meet the Two-Week Requirement
To qualify for ESA bereavement leave, you must have worked for your employer for at least two consecutive weeks. If you suffer a loss on your third day at a new job, the employer is not legally bound by the ESA to grant you protected leave, though most reputable companies will allow it out of basic human compassion.
Step 3: Notify Your Employer Immediately
You are required to inform your employer that you will be taking a bereavement leave. Give notice before the leave begins if possible. If you receive a tragic phone call in the middle of the night and simply cannot make it to your morning shift, you must notify your employer as soon as possible after the leave has started. A quick, clear email or text to your manager is sufficient. 📱
Step 4: Take the Time in Full or Partial Days
You are entitled to 2 days per calendar year. You do not have to take them consecutively. You could take one day for the funeral and save the second day to attend a memorial service months later. However, be aware that under the ESA, if you take a half-day off to attend a funeral, the employer can legally count that as one full day used against your 2-day yearly limit, unless they agree otherwise.
Step 5: Provide Evidence if Lawfully Requested
While an employer cannot demand a death certificate before you leave, they have the right to ask for ‘evidence reasonable in the circumstances’ when you return. Usually, a link to an online obituary, a funeral home program, or a basic death certificate is completely acceptable. A good employer will handle this request with extreme sensitivity.
Here is a summary comparing the legal minimums to common corporate policies: 📄
| Factor | Ontario ESA Legal Minimum | Typical Corporate Policy (Greater Benefit) |
|---|---|---|
| Paid or Unpaid? | Unpaid | Often 3 to 5 fully paid days. |
| Number of Days Allowed | 2 days per calendar year | Allocated per death, not per year. |
| Covered Relationships | Strict immediate family definition | May include aunts, uncles, and close friends. |
| Job Protection | 100% Protected from reprisal | Protected under contract law. |
How Much Does it Cost in Ontario?
Taking time off to grieve should not involve unexpected legal costs, but there are financial impacts to consider.
- Lost Daily Wages: Because ESA bereavement leave is unpaid, your main cost is your lost hourly wages for the 2 days missed.
- Obtaining Proof: If an employer aggressively demands a formal Provincial Death Certificate rather than accepting an obituary, ordering one through ServiceOntario currently costs $15 CAD.
- Filing a Ministry Claim: If you are wrongfully terminated for attending your parent’s funeral, filing a reprisal claim with the Ministry of Labour is entirely free ($0 CAD), and an officer can order the employer to reinstate you with back pay.
How Long Does the Process Take?
Bereavement leave is designed for immediate crises. There is no waiting period for approval; once you notify your employer, you have effectively triggered your leave. You are granted 2 days total per calendar year (from January 1 to December 31), regardless of how many family members pass away. The days do not carry over into the next year. If you face disciplinary action upon your return, a Ministry of Labour investigation into a reprisal generally takes 3 to 6 months. ⏲
Frequently Asked Questions (FAQ)
Does my boss have to pay me for bereavement leave?
No. The Ontario ESA only guarantees that the time off is unpaid but job-protected. However, you should immediately check your employment contract or union agreement, as many Ontario employers voluntarily provide paid bereavement days as a workplace perk.
Do I get 2 days for each family member who passes away?
No. Under the absolute minimum ESA rules, you get a total of 2 days per calendar year, total. If you unfortunately lose two family members in the same year, the law does not grant you 4 days, unless your specific employment contract states otherwise.
What if I need more than 2 days to deal with an estate?
If you have exhausted your 2 days of bereavement leave, you can ask your employer to use your paid vacation days, or request a general unpaid leave of absence. However, the employer is not legally obligated to grant further time off under the ESA.
Can I use bereavement leave for a miscarriage?
Yes. The ESA bereavement leave applies to a spouse’s pregnancy that ends in a miscarriage or stillbirth, allowing both parents to take the job-protected time to grieve.
Can I be fired for taking time off for my aunt’s funeral?
Because an aunt does not fall under the ESA’s strict definition of ‘immediate family’, taking time off for her funeral is not automatically protected by the law. If you simply fail to show up, you could technically face discipline, so you must get explicit managerial approval first.
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