Protect Your Job. Take the Time to Grieve.
Our specialized Alberta team ensures your right to job-protected bereavement leave is upheld, giving you the necessary time to honor your loved ones without the fear of workplace reprisal.
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What Is Bereavement Leave in Alberta?
Bereavement leave Alberta is a statutory right designed to provide employees with time off to attend funerals, handle estate matters, or grieve the loss of a family member. It is a “job-protected” leave, meaning your employer cannot fire, demote, or penalize you for taking this time.
In 2022, the Alberta employment standards bereavement leave rules were expanded to include pregnancy loss, ensuring that grieving parents are afforded the same protections regardless of the circumstances of their loss.
Is Bereavement Leave Paid in Alberta?
One of the most common questions we hear is, “is bereavement leave paid in Alberta?“
- Statutory Minimum: Under the Employment Standards Code, paid bereavement leave Alberta is not required. Employers are only obligated to provide the time off as unpaid leave.
- Employment Contracts: While the law doesn’t force payment, many employers offer paid bereavement leave as a benefit in an employment contract or collective agreement.
- Federal Employees: If you work in a federally regulated industry (like banking or telecommunications), you may be entitled to the first 3 days of leave with pay, provided you have 3 months of continuous service.
How Many Days of Bereavement Leave in Alberta?
If you are wondering how many days bereavement leave Alberta allows, the standard is 3 days per calendar year.
- Per Year, Not Per Incident: Unlike some other provinces, Alberta’s 3-day entitlement is a total for the calendar year, not 3 days for every death that occurs.
- Carry Over: You can’t “save” or carry over unused bereavement days to the next year.
- Notice: You must give your employer notice as soon as is reasonable, but you are not required to provide a medical certificate or a death certificate under the law.
Bereavement Leave Alberta Eligibility & Family Rules
To meet the bereavement leave Alberta eligibility requirements, an employee must have been employed with the same employer for at least 90 days.
The leave applies to the death of an immediate or extended family member.
According to Alberta law, “family member” includes:
- Spouse, common-law partner, or adult interdependent partner.
- Children, step-children, and foster children.
- Parents, step-parents, and guardians.
- Siblings, half-siblings, and step-siblings.
- Bereavement leave Alberta grandparents and grandchildren.
- Any relative who permanently resides with the employee.
Bereavement Leave for Miscarriage
Alberta is a leader in recognizing the impact of pregnancy loss. Bereavement leave for miscarriage Alberta (or stillbirth) is available to:
- The person who was pregnant.
- The spouse or common-law partner.
- Any other person who would have been a parent (e.g., via surrogacy or adoption).
If a pregnancy loss occurs within 16 weeks of the estimated due date, the pregnant person may also qualify for Maternity Leave.
Job Protection and Your Rights
The most critical part of Alberta bereavement leave is that it is job-protected. Your employer can’t:
- Fire you for requesting the leave.
- Lay you off while you are on leave.
- Change your job duties or reduce your pay as a result of your absence.
If you are terminated shortly after requesting leave, your employer must prove the decision was entirely unrelated to your bereavement. If they can’t, you may have a claim for wrongful dismissal in Alberta or a human rights violation.
Related Leaves & Workplace Changes
If you are managing the loss of a loved one, you may also need to understand your rights regarding other job-protected leaves:
- Compassionate Care Leave: If you are caring for a family member who is terminally ill.
- Family Responsibility Leave: For short-term family emergencies or health needs.
- Severance Pay Alberta: If your employment is terminated while you are grieving.
Was Your Leave Denied or Were You Fired?
No employee should be forced to choose between their job and honouring a family member. If your employer has denied your request for leave or penalized you for taking it, the Alberta employment law team at Samfiru Tumarkin LLP is here to help.