Child death leave in Ontario gives eligible employees up to 104 weeks of unpaid, job-protected leave when their child under 18 dies.
You qualify after working for your employer for at least six consecutive months. The leave applies to the death of a child, step-child, foster child or child under your legal guardianship who was under 18.
Unlike many other Ontario leaves, child death leave must be taken in one continuous period. You must notify your employer in writing and provide a written plan showing the weeks you intend to be away.
On This Page:
- 1. How Long Is Child Death Leave?
- 2. Who Qualifies?
- 3. Notice, Leave Plan & Proof
- 4. Is Child Death Leave Paid?
- 5. Can Parents Share the Leave?
- 6. Job Protection & Other Leaves
- 7. FAQs
How Long Is Child Death Leave in Ontario?
Ontario child death leave provides up to 104 weeks of unpaid leave that must be taken in one continuous period.
The leave must be taken within the 105-week period that begins in the week the child dies.
Can you split the 104 weeks into separate periods?
No. Ontario’s ESA requires child death leave to be taken as a single continuous period.
This is different from leaves such as Family Medical Leave or Critical Illness Leave, which can be taken in separate weeks.
Do you have to take the full 104 weeks?
No. The ESA provides up to 104 weeks. You can choose a shorter continuous leave period.
When can the leave start?
The leave must fall within the 105-week period beginning in the week of the child’s death.
You do not have to begin the full leave immediately, but the timing must fit within that statutory window.
Who Qualifies for Child Death Leave in Ontario?
You qualify if you have worked for your employer for at least six consecutive months and your child under 18 dies.
For this leave, “child” includes your:
- Child
- Step-child
- Foster child
- Child under your legal guardianship
The child must have been under 18 years old.
Does the cause of death matter?
Usually, no. Child death leave is not limited to deaths caused by a crime.
The leave can apply after death caused by illness, accident or other circumstances.
Are there exceptions involving a crime?
Yes. An employee is not entitled to child death leave if they are charged with a crime in relation to the child’s death.
The leave also does not apply if it is probable, based on the circumstances, that the child was a party to a crime connected to their death.
What if your child was 18 or older?
The ESA’s 104-week child death leave does not apply when the child was 18 or older.
You can still qualify for separate bereavement leave, employer-provided bereavement benefits or medical leave if grief causes a health condition that prevents you from working.
How Do You Request Child Death Leave in Ontario?
You must tell your employer in writing that you are taking child death leave and provide a written plan identifying the weeks you intend to be away.
If circumstances require you to begin leave immediately, you can provide the written notice and leave plan as soon as possible after the leave begins.
Do you lose your leave if you could not give advance notice?
No. Failing to give advance notice does not automatically eliminate your entitlement.
Provide the required written notice and plan as soon as reasonably possible.
Can you change the dates in your leave plan?
Yes, but specific rules apply.
You can change the planned timing if:
- You ask your employer in writing and it agrees in writing
- You provide at least four weeks’ written notice of the change
The revised dates must still satisfy the ESA’s rules, including the requirement that the leave be taken in one continuous period.
Can your employer ask for proof?
Yes. Your employer can request evidence that is reasonable in the circumstances to establish your entitlement to the leave.
The ESA does not require every employee to provide one particular document in every case. The evidence requested must be reasonable.
Is Child Death Leave Paid in Ontario?
No. Ontario’s ESA does not require your employer to pay wages while you are on child death leave.
Your employment contract or workplace policy can provide paid bereavement or other benefits that are more generous than the ESA.
Can you get EI after the death of a child?
There is no general EI benefit that automatically pays an employee simply because their child has died.
However, different federal benefits can apply in specific circumstances.
What if the child died because of a crime?
Eligible parents or legal guardians can qualify for the federal Canadian Benefit for Parents of Young Victims of Crime.
The current federal benefit provides:
- $500 per week
- Up to 35 weeks of payments
- Benefits that can be used within three years of the incident
- The ability for eligible recipients to share the available weeks
The federal program has separate eligibility rules, including that the child must have been under 25 and the death must have resulted from a probable Criminal Code offence.
Can Both Parents Take Child Death Leave?
Yes, but Ontario employees taking leave for the same child share a combined maximum of 104 weeks.
The sharing rule applies even if the employees work for different employers.
The employees can be on leave:
- At the same time
- At different times
However, the total child death leave taken by all eligible Ontario employees for the same death can’t exceed 104 weeks.
What if more than one child dies in the same event?
The combined maximum remains 104 weeks when multiple deaths result from the same event.
If the deaths arise from separate events, separate leave entitlements can arise.
Is Your Job Protected During Child Death Leave?
Yes. Your employer can’t threaten, fire or penalize you because you take, plan to take or qualify for child death leave.
Your ESA protections generally include:
- Continued credit for length of employment, service and seniority
- Continuation of qualifying benefit-plan participation
- Reinstatement to your former position or a comparable position when the leave ends
- Protection against discipline or reprisal because you exercised your leave rights
Can you also take bereavement leave?
Yes, if you independently qualify for it. Child death leave and bereavement leave are separate ESA entitlements.
A single period of absence can’t simply be counted against both leaves at the same time.
What if you were already on Critical Illness Leave?
If a child dies while you are taking Critical Illness Leave, that leave ends under its own rules and you can then have a separate entitlement to Child Death Leave if you meet the requirements.
What if grief makes you medically unable to return?
Separate medical-leave and disability-accommodation rights can apply.
If grief, depression, anxiety or another health condition prevents you from working, you can have rights under Ontario’s sick-leave, long-term illness-leave or disability-accommodation rules.
For the broader provincial framework, see our Leave of Absence Ontario guide.
Can your employer fire you while you are on leave?
Your employer can’t terminate you because you took Child Death Leave.
A termination can still occur for a genuine reason completely unrelated to the leave, such as a legitimate elimination of your position.
Child Death Leave Ontario FAQs
How long is Child Death Leave in Ontario?
Eligible employees can take up to 104 weeks of unpaid, job-protected leave.
How long do you need to work before qualifying?
You must have worked for your employer for at least six consecutive months.
How old can the child be?
The child must have been under 18 years old for the ESA’s 104-week Child Death Leave to apply.
Is Child Death Leave paid?
No. Ontario’s ESA leave is unpaid, although employer benefits or a separate federal benefit can provide income in qualifying circumstances.
Can Child Death Leave be split up?
No. The leave must be taken in one continuous period.
Do I have to give written notice?
Yes. You must notify your employer in writing and provide a written plan identifying the weeks you will take.
Can my employer ask for proof?
Yes. Your employer can request evidence that is reasonable in the circumstances.
Can both parents take 104 weeks?
No. Ontario employees taking Child Death Leave for the same death share a combined maximum of 104 weeks.
Can I also take bereavement leave?
Yes, if you qualify. Bereavement Leave and Child Death Leave are separate ESA rights.
Can I be fired for taking Child Death Leave?
No. Your employer can’t punish or terminate you because you properly exercise this protected ESA right.
Child Death Leave gives eligible Ontario employees substantial time away from work after the death of a child without having to give up their employment. The most important practical rules are the six-month service requirement, the under-18 definition and the requirement to take the leave in one continuous period.
Samfiru Tumarkin LLP advises non-unionized Ontario employees dealing with denied protected leave, benefit problems, reinstatement disputes, workplace reprisals and termination connected to a protected absence.