Bereavement Leave in Ontario (2025) | ESA Rules, Paid Leave & Employee Rights

Bereavement leave in Ontario allows employees to take up to two unpaid days off per calendar year following the death of a close family member.

This right is protected under the Employment Standards Act (ESA), which ensures workers can grieve and manage personal affairs without fear of losing their job.
Some employers may offer paid bereavement leave through company policies or contracts.

What Is Bereavement Leave in Ontario?

Bereavement leave is a job protected leave of absence under Ontario’s Employment Standards Act (ESA). It gives eligible employees time off work when a close family member passes away.

Quick Facts

• 📅Length: Up to 2 unpaid days per calendar year
• 🛡️Protected: Your employer can’t discipline or terminate you for taking it
• ⏱️Eligibility: You must have worked for your employer for at least two weeks

This leave helps balance compassion with workplace obligations — ensuring you can focus on family when it matters most.

Who Qualifies for Bereavement Leave in Ontario?

You can take bereavement leave if any of these family members pass away:

• Your spouse or partner
• A parent, step-parent, or foster parent
• A child, step-child, or foster child
• A grandparent or grandchild
• A sibling (including step- or half-sibling)
• A son- or daughter-in-law
• A relative who depends on you for care or assistance

✅ This includes in-laws such as your father-in-law, mother-in-law, or grandparent-in-law.
🚫 It does not include aunts, uncles, cousins, nieces, or nephews under the ESA.

How Many Days of Bereavement Leave Are You Entitled To?

Employees in Ontario can take up to two unpaid days of bereavement leave each calendar year, regardless of how many deaths occur during that year.

• You don’t have to take both days consecutively
• The leave can be taken within a reasonable timeframe after the death
• You only get two days total per year, not per death

Is Bereavement Leave Paid in Ontario?

No — bereavement leave is unpaid under Ontario’s ESA.
However, some employers or collective agreements provide better benefits.

You may receive paid bereavement leave if:

• Your employment contract or company policy allows it
• You are part of a union with negotiated paid leave terms

What Proof Can Employers Request?

Your employer may ask for reasonable proof that you are entitled to bereavement leave.
Acceptable forms of proof include:

• A death certificate
• An obituary or funeral notice
• Documentation from a funeral home or estate lawyer

You don’t have to provide proof immediately, but your employer can request it later. Employers should handle such requests with sensitivity.

What About Federally Regulated Employees?

If you work in a federally regulated industry — such as banking, telecommunications, railways, or air transport — you are covered by the Canada Labour Code (CLC), not Ontario’s ESA.

Under the Canada Labour Code, employees are entitled to:

• Up to 10 days of bereavement leave, and
• The first 3 days are paid if you have worked continuously for at least three months

This applies to employees of organizations like Canada Post, major banks, airlines, and broadcasters.

Can My Employer Deny Bereavement Leave in Ontario?

No. If you meet the ESA requirements, your employer can’t deny or penalize you for taking bereavement leave.

Doing so may be a violation of Ontario employment law and could entitle you to compensation, including severance pay in Ontario.

FAQs

Key Takeaways: Bereavement Leave in Ontario

• Employees receive up to two unpaid days per year under the ESA
• Applies to immediate family, including grandparents and in-laws
• Job protection applies — you can’t be fired for taking it
• Employers may request reasonable proof
• Some workplaces or unions offer paid leave options
• Federally regulated employees may qualify for 10 days (3 paid) under the Canada Labour Code

Speak to an Employment Lawyer in Ontario

If your employer denies your bereavement leave, or penalizes or fires you fo taking time off, that may be a violation of your rights. In Ontario, you may be owed significant compensation, including severance pay — as much as 24 months’ pay.

At Samfiru Tumarkin LLP, we represent thousands of non-unionized employees in wrongful dismissal and human rights claims against employers of all sizes and industries.

• 👥 Over 50,000 clients helped across Canada
• 💰 Secured millions in severance and settlements
• 📱 Free Termination Consultations — in many, but not all, cases
• ⚖️ No win, no fee — you don’t pay unless we succeed
• ⭐ 3,000 5-star Google reviews across Canada (4.7 average)
• 🏆 Recognized as one of Canada’s Best Law Firms by The Globe and Mail

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