Bereavement Leave in Ontario: What Employees Need to Know in 2025
If you’ve recently lost a loved one, the last thing you want to worry about is work. Bereavement leave in Ontario allows employees time off to grieve and manage personal affairs following the death of a close family member.
Many workers still ask:
- Is bereavement leave paid in Ontario?
- How many days do you get?
- Does it apply to in-laws or grandparents?
This guide explains who qualifies for bereavement leave, how it works, and your rights as an employee in Ontario.
What Is Bereavement Leave in Ontario?
Bereavement leave is a job-protected leave under Ontario’s Employment Standards Act (ESA). It gives employees time off work following the death of certain family members.
- ✅ Length of leave: Up to 2 unpaid days per calendar year
- ✅ Protected: Your employer cannot fire or discipline you for taking it
- ✅ Eligibility: You must have worked for at least 2 weeks at your job
Is Bereavement Leave Paid?
No, bereavement leave is not paid under Ontario law. Employers are not required to provide paid time off for bereavement. However:
- Some employers voluntarily offer paid leave through internal policies or employment contracts.
- Unionized workers may have better leave entitlements through a collective agreement.
📌 Note: Check your employment contract or talk to HR to see if your workplace offers paid bereavement leave.
How Many Days of Bereavement Leave Are You Entitled To?
You can take up to 2 days off per calendar year under the ESA, even if you experience more than one loss.
- You do not have to take the days consecutively
- You can take them for each eligible death (even within the same year)
💡 Example: If your father passes away in February and your grandmother dies in September, you’re still only entitled to 2 days off that year.
Who Is Immediate Family for Bereavement Leave in Ontario?
The ESA allows you to take bereavement leave if any of the following individuals pass away:
- Spouse
- Parent, step-parent, or foster parent
- Child, step-child, or foster child
- Sibling (including half- or step-sibling)
- Grandparent or grandchild
- Spouse of your child (son-in-law or daughter-in-law)
✅ This includes in-laws, such as a father-in-law, mother-in-law, or grandparent-in-law.
🚫 It does not include aunts, uncles, cousins, nieces, or nephews under ESA rules.
FAQs
👉 Is Bereavement Leave Available for Grandparents?
- Yes. You can take bereavement leave for the death of a biological, step, or foster grandparent
👉 Can I Take Bereavement Leave For My Father-In-Law?
- Yes. Ontario’s ESA includes parents of your spouse, which means you can take leave for a father-in-law or mother-in-law.
👉 What About Aunts or Uncles?
- No. Bereavement leave does not apply to the death of an aunt, uncle, or extended relative under Ontario’s ESA. However, some employers may allow additional leave at their discretion.
👉 Can I Split Up the 2 Days?
- Yes. You can take one day immediately and another later, depending on your needs. You must take the leave within a reasonable timeframe after the death.
👉 Does My Employer Have to Pay Me for Bereavement Leave?
- Not under the law. Employers only have to protect your job, but they don’t have to pay you. Any paid leave would depend on your employer’s policy or a union agreement.
👉 Can an Employer Deny Bereavement Leave in Ontario?
- If you’re eligible under the ESA, your employer can’t refuse the leave. They may ask for reasonable proof, such as:
- A death certificate
- Obituary
- Funeral notice
You don’t need to provide this upfront, but your employer can request it later.
Key Takeaways: Bereavement Leave in Ontario
- You get 2 unpaid days per year
- Applies to immediate family, including grandparents and in-laws
- You have job protection while on leave
- Employers may request proof of death
- Paid bereavement leave depends on your contract or employer policy
ℹ️ Learn More:
Speak to an Employment Lawyer
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.
Our employment lawyers in Ontario help non-unionized employees understand their rights, challenge severance packages, and get what they’re owed.
- 👥 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.
You must consult your union representative regarding termination, severance pay, and other workplace issues. By law, employment lawyers can’t represent unionized employees with these issues. Their collective bargaining agreement governs their rights.
About the Author
Lior Samfiru
Lior Samfiru is a Founding Partner at Samfiru Tumarkin LLP and the Practice Leader of the firm’s Labour & Employment Law Group. Known for his advocacy and success representing both employees and employers, Lior exclusively serves clients in Ontario, where his extensive experience has made him one of Canada’s most sought-after employment lawyers.
More about Lior SamfiruRelated Posts
What Is the Gig Economy? Meaning, Examples, and Worker Rights in Canada
What is the gig economy? Learn the meaning, examples, gig jobs in Canada, and rights for gig workers — including taxes &…
Canada Removing Counter-Duties on US Goods Covered by Free Trade Deal
Prime Minister Mark Carney made the announcement as the two countries review their trade and security relationship.
Trump Tariffs Canada: Layoffs, Severance, and Employee Rights (2025 Guide)
Trump's tariffs have already led to major layoffs in Canada. Understand your rights to severance if you lose your job.