Bereavement Leave
How long can employees be off on bereavement leave?Employees are allowed up to three days as bereavement leave for the death of a family member.Who can take bereavement leave?Anyone employed for at least 30 days with the same employer is entitled to this leave.Are employees paid while on bereavement leave?No, the legislation only requires an employer to provide time off and allow an employee to return to their job when the leave has ended. Employers are not required to pay wages during the leave. Employers can, and often do, give greater benefits than those provided for in the legislation.Who are considered family members?Family is defined very broadly for Employment Standards purposes. Children, stepchildren, parents, grandparents, spouses, common law spouses, brothers, sisters, step-brothers, step-sisters, aunts, uncles, nieces and nephews are all considered family. The definition also includes those who are not related, but are considered a family member.What must employees who take bereavement leave tell their employer?Employees must tell their employer, as soon as possible, which days they will need off. Employers can request reasonable verification that the leave is needed.What is reasonable verification?An employer's request for reasonable verification will be different in every situation. For example, an obituary from a local newspaper could reasonably verify the need for this leave.Can employees take part of a day as bereavement leave?When an employee takes a leave the employer may consider the employee off for the entire day. Employers and employees can make arrangements for part days of leave, but there is no obligation for the employer to accommodate part days.Can employees be fired or laid off because they take bereavement leave?No. Employers cannot terminate or lay off employees solely because they took a leave.What happens when the leave ends?Employees must be allowed to return to their job. Employers must not discriminate or attempt to punish employees for taking a leave.Can employers give paid leave or more time off?Yes. Employers can, and often will, give greater benefits than those provided for in the legislation. Many employers provide more days or will pay employees for their leave. This is allowed under the legislation.For more information contact the Employment Standards Branch:
This is a general overview and the information used is subject to change. For detailed information, please refer to current legislation including The Employment Standards Code, or contact the Employment Standards Branch to ask for advice. Date Published: September 30, 2008 |
