Bereavement leave in Ontario gives eligible employees up to two unpaid, job-protected days off each calendar year following the death of a qualifying family member.
You qualify after working for your employer for at least two consecutive weeks. The two days are your total ESA entitlement for the calendar year, not two days for every death.
You can use the leave when the death occurs or later for a funeral, memorial service or estate-related matter. If you qualify, your employer can’t refuse the leave simply because your absence is inconvenient.
On This Page:
- 1. How Many Bereavement Days Do You Get?
- 2. Which Family Members Qualify?
- 3. Is Bereavement Leave Paid?
- 4. How to Take Bereavement Leave
- 5. What Proof Can Your Employer Ask For?
- 6. What If You Need More Than 2 Days?
- 7. FAQs
How Many Bereavement Days Do You Get in Ontario?
Ontario employees receive up to two unpaid bereavement leave days per calendar year after two consecutive weeks of employment.
The entitlement is the same for full-time and part-time employees. It is not prorated if you start working partway through the year.
The two days:
- Do not have to be taken consecutively
- Can be taken when the death occurs or later for a funeral, memorial or estate matter
- Do not carry over into the next calendar year
- Are two days total per year, not two days per family death
Do you get two days for each death?
No. The ESA provides a maximum of two bereavement leave days in each calendar year, regardless of how many qualifying family members die.
For example, if you use two bereavement days after the death of a parent in March and another qualifying family member dies in November, you do not receive another two ESA bereavement days that year.
Can you take half a bereavement day?
You can leave work for only part of a day, but your employer is allowed to count that absence as one full bereavement leave day.
You must still be paid for any hours you actually worked that day.
Which Family Members Qualify for Bereavement Leave in Ontario?
Ontario bereavement leave applies when one of the family members specifically listed in the ESA dies.
The covered family members include:
- Your spouse
- Your parent, step-parent or foster parent
- A parent, step-parent or foster parent of your spouse
- Your child, step-child or foster child
- A child, step-child or foster child of your spouse
- Your grandparent, step-grandparent, grandchild or step-grandchild
- A grandparent, step-grandparent, grandchild or step-grandchild of your spouse
- The spouse of your child
- Your brother or sister
- A relative who depends on you for care or assistance
Do grandparents qualify for bereavement leave?
Yes. Grandparents and step-grandparents of both the employee and the employee’s spouse are covered.
Do parents-in-law qualify?
Yes. The ESA covers a parent, step-parent or foster parent of your spouse.
Do aunts, uncles, cousins, nieces or nephews qualify?
Not simply because of the family relationship. Those relatives are not specifically listed in the ordinary ESA bereavement-leave categories.
However, a relative who depends on you for care or assistance can qualify regardless of whether that relative appears in the other listed categories.
Is Bereavement Leave Paid in Ontario?
No. Ontario’s ESA does not require employers to pay employees during the two statutory bereavement leave days.
Your employer can still provide paid bereavement leave through:
- An employment contract
- A workplace bereavement policy
- A broader paid personal-leave program
An employer-provided benefit can give you more than the ESA minimum, including additional days or paid time off.
What if your employer provides one paid bereavement day?
One paid day by itself does not eliminate your two-day ESA entitlement if the overall workplace benefit is not greater than the statutory minimum.
If you use that paid day for an event that also qualifies for ESA bereavement leave, it can count against both entitlements.
Can you use a paid personal day instead?
Yes, if your employer’s policy allows it. See our guide to personal days in Ontario.
How Do You Take Bereavement Leave in Ontario?
Tell your employer that you are taking bereavement leave before the absence where possible, or as soon as possible afterward if advance notice is not practical.
Ontario does not require the initial notice to be in writing. Oral notice is sufficient.
As a practical matter, written notice is still useful because it creates a record that you identified the absence as protected bereavement leave.
Can your employer refuse bereavement leave?
No, not if you qualify for the ESA entitlement. Bereavement leave is a statutory right, not a vacation request that an employer can refuse because the workplace is busy.
Can you take the days later for the funeral?
Yes. Bereavement leave does not have to be taken immediately when the family member dies.
It can be used later to attend a funeral or memorial service or deal with estate matters connected to the death.
Do the two days have to be consecutive?
No. You can use the two days separately where appropriate.
What Proof Can an Employer Ask for Bereavement Leave?
Your employer can ask for evidence that is reasonable in the circumstances to confirm your entitlement to bereavement leave.
Depending on the situation, reasonable evidence can include:
- A published obituary
- A funeral-home notice
- A memorial-service program
- A death certificate
- Communication about an estate-related appointment
There is no rule that every employee must provide a death certificate.
Can your employer always demand a death certificate?
No. The ESA permits only evidence that is reasonable in the circumstances.
Availability, cost, the nature of the absence and the circumstances surrounding the request can all affect what is reasonable.
What If You Need More Than Two Bereavement Days?
The ESA’s ordinary bereavement entitlement ends after two days, but you can have other rights or workplace benefits that provide additional time away.
Possible options include:
- Additional bereavement leave provided by your employer
- Paid personal days
- Vacation time
- Another ESA leave if its separate eligibility requirements are met
- Medical leave or disability accommodation if grief results in a qualifying health condition
See our broader Ontario leave of absence guide for the other statutory leaves that can apply.
What if your child dies?
Ontario provides a separate child death leave that can be much longer than ordinary bereavement leave.
An eligible employee who has worked for the employer for at least six consecutive months can take up to 104 weeks of unpaid, job-protected child death leave.
Bereavement leave and child death leave are separate statutory entitlements. Ontario’s ESA also prevents the same period of absence from simply being counted against multiple leaves at once.
What if grief makes you medically unable to work?
If grief develops into a medical or mental-health condition that prevents you from working, separate sick-leave, long-term illness-leave or disability-accommodation rights can apply.
The fact that your two bereavement days are exhausted does not eliminate legitimate medical-leave rights.
What about federally regulated employees in Ontario?
Federally regulated employees have different and substantially longer bereavement-leave rights under the Canada Labour Code.
Federal employees are generally entitled to up to 10 days of bereavement leave after the death of an immediate family member. The first three days are paid after three consecutive months of continuous employment.
Federal law also provides up to eight weeks of bereavement leave following the death of a qualifying child.
These federal rules apply to employees in industries such as banking, airlines, telecommunications, railways and certain interprovincial transportation businesses.
Bereavement Leave Ontario FAQs
How many bereavement days do you get in Ontario?
Eligible Ontario employees get up to two unpaid, job-protected bereavement leave days per calendar year.
Is bereavement leave paid in Ontario?
Not under the ESA. Your employer can provide paid bereavement leave through a contract or workplace policy.
How long do you have to work before getting bereavement leave?
You qualify after working for your employer for at least two consecutive weeks.
Can I take bereavement leave for a grandparent?
Yes. Grandparents and step-grandparents of both you and your spouse are covered.
Can I take bereavement leave for my mother-in-law or father-in-law?
Yes. A parent, step-parent or foster parent of your spouse is covered by the ESA.
Can I take bereavement leave for an aunt or uncle?
Not based on that relationship alone. A relative who depends on you for care or assistance can still qualify.
Can my employer ask for proof of a death?
Yes, but the evidence requested must be reasonable in the circumstances.
Can I be fired for taking bereavement leave?
No. Your employer can’t fire, threaten or penalize you because you properly took or planned to take ESA-protected bereavement leave.
If your employer denies protected bereavement leave, disciplines you for taking it or terminates your employment shortly afterward, document what happened and get advice before signing a release or accepting the employer’s explanation.
Samfiru Tumarkin LLP advises non-unionized Ontario employees dealing with denied ESA leave, workplace reprisals and termination connected to protected absences.