Child Death Leave Ontario: What You Need to Know

In Ontario, employees are protected under the Employment Standards Act (ESA) when facing the devastating loss of a child. Child death leave is a job-protected, unpaid leave that allows eligible workers to take time off work to grieve without fear of losing their job.

This guide explains who qualifies, how much time can be taken, how to apply, and whether any financial support is available.

What Is Child Death Leave in Ontario?

Child death leave is an unpaid, job-protected leave of up to 104 weeks (two years) under the ESA. It applies when an employee’s child dies, for any reason, and ensures their job is legally protected while they take time away from work.

Who Is Eligible?

You qualify for child death leave in Ontario if:

• You are an employee covered by the Employment Standards Act (most non-unionized workers are).
• Your child dies, regardless of the cause.
• The child is under 18 years old, or over 18 but still a dependent.

How Long Is Child Death Leave in Ontario?

Employees can take up to 104 weeks (two years) of unpaid leave. This leave does not have to be taken all at once — it can be split into separate periods, but each must be at least one week long.

Is Child Death Leave Paid in Ontario?

No, the leave itself is unpaid under the ESA. However, some employees may qualfiy for federal benefits through Employment Insurance (EI), such as EI benefits for parents of deceased children.

These benefits are administered by Service Canada and are separate from Ontario’s ESA protections.

Do Employee Benefits Continue During Child Death Leave?

Yes. While on child death leave, your employer must continue to allow you to participate in benefit plans (such as health, dental, or pension), unless you choose to stop contributing.

How to Apply for Child Death Leave in Ontario

To take child death leave, you must:

1. Notify your employer as soon as possible, verbally or in writing
2. Provide evidence if requested (such as a death certificate, obituary, or other reasonable documentation)

Employers can’t penalize or terminate you for exercising this right.

Returning to Work After a Child Death Leave

At the end of your leave, you have the legal right to return to your same job or a comparable role with no reduction in pay or seniority.

Can You Be Fired for Taking Child Death Leave?

No. The ESA protects you from termination or punishment when you take child death leave.

If your employer disciplines, threatens, or fires you for using this leave, you may have grounds for a wrongful dismissal claim and could be owed a full severance package — up to 24 months’ pay.

Key Takeaways

• Up to 104 weeks (two years) of unpaid, job-protected leave
• Available to emplyoees covered by the ESA who lose a child
• Can be taken in one block or in periods of at least one week
• Job, benefits, and seniority are protected
• Employers can’t penalize employee for taking this leave. This is known as a reprisal in Ontario, which can trigger a constructive dismissal
• Federal EI benefits may provide financial support

Speak to an Employment Lawyer

If your employer refuses to provide child death leave, cuts your benefits, or penalizes you for taking time off, that is a violation of your legal rights.

At Samfiru Tumarkin LLP, we’ve helped tens of thousands of employees across Ontario enforce their workplace rights.

At our firm, we have:

• ⚖️ Settled over 99% of cases quickly through negotiation or mediation
• 💰 Secured millions in compensation
• 📱 Free Termination Consultations — in many, but not all, cases
• ⭐ Earned 2,310 5-star Google reviews (4.8 average)
• 🏆 Recognized as one of Canada’s Best Law Firms (Globe and Mail)

Call us at 1-855-821-5900 or request a consultation online.