Losing a loved one is a profoundly difficult experience. Navigating work responsibilities during this time can add significant stress. In Ontario, the law provides employees with job-protected leave to grieve. Understanding your entitlements under the Employment Standards Act, 2000 (ESA) is crucial for ensuring you can take the necessary time without risking your employment. This guide details your rights regarding bereavement leave in Ontario.
What is Bereavement Leave?
Bereavement leave is a job-protected leave of absence that allows an employee to be away from work following the death of a family member. Under the ESA, eligible employees are entitled to take this time to grieve, make funeral arrangements, and handle estate matters without fear of reprisal from their employer.
It is important to note that while this leave is job-protected, meaning your employer cannot terminate your employment for taking it, the ESA does not mandate that this leave be paid. However, some employers may offer paid bereavement days as part of their company policy or a collective bargaining agreement.
Eligibility for Bereavement Leave in Ontario
To be eligible for bereavement leave in Ontario, you must be an employee covered by the Employment Standards Act. This protection applies to most employees in the province, whether they are full-time, part-time, permanent, or on a term contract.
Unlike other forms of leave, there is no minimum length of employment required to qualify. An employee is entitled to bereavement leave from their very first day of work.
Duration of Bereavement Leave
In Ontario, employees covered by the Employment Standards Act (ESA) are entitled to up to two days of unpaid, job-protected bereavement leave per calendar year following the death of certain family members. These two days may be taken consecutively or separately, but the total cannot exceed two days each year, regardless of how many eligible family members pass away during that period. These days must be taken in a single period. The entitlement is per death.
Who Qualifies as a Family Member?
The ESA provides a specific list of family members whose death would entitle an employee to bereavement leave. The relationship can be through blood, marriage, common-law partnership, or adoption.
Family members covered for the up to two days of leave include:
- spouse (includes both married and unmarried couples, of the same or opposite genders)
- parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse
- spouse of the employee’s child
- brother or sister of the employee
- relative of the employee who is dependent on the employee for care or assistance
It is important to check the specific definitions under the ESA to confirm your relationship qualifies.
Employee Rights and Employer Obligations
Understanding your rights and your employer’s obligations is key to navigating this difficult time smoothly.
Notifying Your Employer
You must inform your employer that you will be taking bereavement leave. While the ESA does not specify a timeline, it is best practice to provide notice as soon as reasonably possible. Notice can be given orally or in writing. If you need to leave work suddenly, you should inform your employer as soon as you can.
Proof of Entitlement
An employer is entitled to ask for evidence “reasonable in the circumstances” that you are eligible for the leave. This could include a death certificate, a published obituary, or a notice from a funeral home. The request for proof must be reasonable. For example, demanding an original death certificate immediately may not be considered reasonable in all situations.
Job Protection and Rights
Bereavement leave is job-protected. This means your employer cannot fire, penalize, or threaten you for taking the leave you are entitled to. When you return to work, you must be reinstated to the same position you held before the leave, or to a comparable position if yours no longer exists.
Your seniority and length of service continue to accumulate during the leave. You are also entitled to continue participating in benefit plans (like health, disability, and pension plans) unless you elect in writing not to do so. Your employer must continue to pay their share of the premiums for any such plans.
What if Your Rights are Violated?
If your employer denies your request for bereavement leave, penalizes you for taking it, or terminates your employment, you have legal recourse. Such actions are a violation of Ontario labor laws. You may be able to file a claim with the Ministry of Labour or pursue legal action.
Navigating a dispute with an employer while grieving can be overwhelming. An experienced employment lawyer can help you understand your options, protect your rights, and ensure you receive fair treatment.
Need Legal Assistance?
The loss of a family member is a difficult and emotional time. You should not have to face additional stress from workplace issues. If you believe your rights regarding bereavement leave have been violated, or if you have questions about your entitlements, Kotak Law is here to help. Our experienced employment lawyers can provide the guidance and representation you need to navigate these complex situations.
Contact Kotak Law today for a free consultation to ensure your rights are protected.
