Quick answer: Most Ontario employees covered by the ESA are entitled to up to two unpaid, job-protected bereavement leave days per calendar year after working for the employer for at least two consecutive weeks. The two days are a yearly total, not two days for every death. An employer policy or collective agreement may provide more or paid time.
Who is eligible for bereavement leave?
An employee generally becomes eligible after two consecutive weeks of employment. Full-time, part-time and term employees can qualify if the ESA covers their employment. Federally regulated workers follow the Canada Labour Code, which has different rules.
How many days can you take?
The ESA minimum is up to two days in each calendar year. The days do not need to be consecutive. If you take any part of a day, the employer may count it as one full bereavement-leave day, although the employer can choose a more generous approach.
Is bereavement leave paid in Ontario?
The ESA does not require these two days to be paid. Your employer may provide paid bereavement leave through a contract, workplace policy or collective agreement. Check the policy before assuming the leave is unpaid.
Which family members are covered?
The statutory list includes close relatives and certain dependent relatives, such as a spouse, parent, child, sibling, grandparent or grandchild, along with specified in-law and dependent relationships. Because definitions matter, confirm the full current list on Ontario’s official page.
How do you tell your employer?
Tell the employer before the leave when possible. If advance notice is not possible, notify them as soon as you can. The ESA does not require the initial notice to be in writing, but an email or text creates a useful record.
An employer may request evidence that is reasonable in the circumstances. What is reasonable depends on the facts and should respect privacy.
Simple request example
I’m writing to let you know that my [relationship] has passed away. I need to take bereavement leave on [date/date range]. Please confirm whether you need any reasonable documentation and whether the company policy provides additional paid or unpaid time.
What if two days are not enough?
- Ask about additional employer-provided bereavement days.
- Request vacation time or an unpaid personal leave.
- Review whether another ESA leave fits the circumstances.
- Discuss accommodation if grief creates a disability-related need.
Do not call an absence “sick leave” unless it genuinely fits the applicable requirements. Our Ontario sick-leave guide explains that entitlement.
Can you be fired for taking bereavement leave?
An employer cannot penalize an eligible employee for taking an ESA-protected leave. Keep your notice and any response. If wages or employment are affected, contact the Ministry of Labour information centre or obtain legal advice.
Frequently asked questions
Is the entitlement two days per death?
No. Under the ESA minimum, it is up to two days total per calendar year.
Can unused days carry forward?
No. Unused statutory bereavement-leave days do not carry into the next calendar year.
Does the leave cover attending a funeral outside Canada?
The ESA entitlement is tied to the death of an eligible family member, not the funeral’s location. Travel time beyond the available days may require another arrangement with the employer.
Are federally regulated employees covered by this rule?
No. Employees in federally regulated industries should check federal labour standards because the entitlement differs.
Related Ontario workplace guides
Official source
Check the Government of Ontario’s bereavement leave guide for the current family-member definitions, notice rules and examples.
Leave a Reply