The passing of a loved one is often a very difficult process and can put a person’s life on hold. Allowing employees to take necessary time away from work is beneficial not only for their own mental health, but in promoting a supportive work environment. Bereavement Leave is designated time off outlined in the Employment Standards Act (ESA) that gives workers the opportunity to grieve, attend funerals or memorial services, or attend to financial or estate obligations.
It’s important to note that each province has different guidelines for bereavement leave, which specify…
- Which family members the leave may be used for
- How many days an employee is entitled to
- When the employee may take the leave
- How long the employee must have been employed for to be entitled
- If the employer may ask for proof of entitlement
Entitlement is based on where the employee resides if they are working remotely. For provinces other than Ontario, check the provincial employment standards for clarification. Federally-regulated employees working in Canada also have a different set of requirements to follow.
In Ontario, most workers are entitled to 2 days of job-protected, unpaid time off annually for the death of a family member.
How do I know if an employee is eligible?
Ontario workers are eligible if they have worked for their employer for at least two consecutive weeks, regardless of if they work full-time or on a part-time basis. Outside of these guidelines, some business owners may decide to have a more robust policy in the workplace or provide additional time off for specific cases.
It is also important to note that this leave is separate from other types of leaves, such as sick leave, family caregiver leave, or family medical leave. The eligibility requirements, entitlement, and purpose for each type of leave are different. An employee’s time away would only count against one type of leave if they are eligible for more than one.
Under what circumstances can Bereavement Leave be used?
Ontario’s Employment Standards Act (ESA) specifies that an employee is entitled to bereavement leave in the event of the death of specific family members. This includes an employee’s…
- Spouse, either married or unmarried
- Sibling, parent, stepparent, or foster parent
- Child, stepchild, or foster child
- Grandparent or step-grandparent
- Grandchild or step-grandchild
- Spouse of the employee’s child
- Relative who is dependent on them for care or assistance
This time off could be taken at the time of the employee’s family member’s death, or taken later, to attend a funeral or to take care of financial/estate obligations. This entitlement can allow for part of the day off and can be taken nonconsecutively. If the days are not used, they do not roll over into the new year. The entitlement does not get reset in the event of more than one occurrence.
Notice and Evidence
The employee taking the leave must let their manager know ahead of time that they are taking the leave, at least verbally. If unable to do so beforehand, they must notify their employer as soon as possible after starting, but will not lose their right to take the leave.
Employers can ask the employee to provide some proof to take the leave, though it is not required. This could take the form of a death certificate, a pamphlet describing the memorial service, or an obituary. This would not be necessary in most cases, especially if the employee appears to express genuine feelings for the loss or has talked about the circumstances of the family member previously. However, it may be helpful for an employee with a history of absenteeism.
Tips for Communication
When communicating with the employee, it is very important to express empathy and compassion for their circumstances. Grief is something that every person experiences in their lifetime but it is handled in their own way. Avoiding the subject or beating around the bush can result in a bereaving employee feeling more isolated. Check in with them and ask them how they’re feeling or if they need anything. Use sincere phrases when talking with them, such as:
- “I’m sorry things are so tough right now.”
- “I don’t know how you feel, but just know I care.”
Though it may seem small, these statements help to validate the employee’s experience of going through a difficult loss and can make a big difference in their day.
Some organizations provide their employees with access to an Employee Assistance Program (EAP), which includes confidential and short-term counseling services. If your company offers an EAP, consider reminding the employee to utilize this resource if they need it.
Need Further Assistance?
At HR Performance & Results, our team of experts can help answer any questions regarding the different leaves of absence types and navigating specific issues. Contact us today!