Death or Disappearance of a Child Leave in BC

Employees in BC can take up to 104 weeks of unpaid, job-protected leave following the death of a child under 19. If a child disappears and the circumstances suggest a crime, employees can qualify for up to 52 weeks of unpaid leave.

These protections allow eligible parents to take extended time away from work without having to resign or use their vacation.

💡 BC leave entitlements: Up to 104 weeks following a child’s death, or 52 weeks for a probable crime-related disappearance. Both leaves are unpaid and job-protected.

How Much Leave Can You Take After the Death or Disappearance of a Child in BC?

BC’s Employment Standards Act provides two separate entitlements:

Death of a child: Up to 104 weeks of unpaid leave when a child under 19 dies. The death doesn’t need to involve a crime.
Disappearance of a child: Up to 52 weeks of unpaid leave when a child under 19 disappears and it is probable that a crime caused the disappearance.

The leave must be taken within the applicable statutory period following the death or disappearance. You can take it in one continuous period or split it into separate periods with your employer’s consent.

Who Qualifies for Child Death or Disappearance Leave in BC?

Employees covered by BC’s Employment Standards Act can qualify when their child under 19 dies or disappears in qualifying circumstances. There is no minimum length of employment required.

These protections can apply to parents and other qualifying parent-child relationships.

You aren’t entitled to this leave if you’re charged with a crime that resulted in your child’s death or disappearance.

Employees in federally regulated industries, such as banking and telecommunications, have different leave entitlements. See our national death or disappearance of a child leave guide.

Is Death or Disappearance of a Child Leave Paid in BC?

No. BC law doesn’t require employers to pay wages during this leave. However, employment contracts or workplace policies may provide paid time off.

If a child dies or disappears as the probable result of a crime, eligible parents may receive the Canadian Benefit for Parents of Young Victims of Crime.

This separate federal program can provide $500 per week for up to 35 weeks, subject to eligibility requirements. It isn’t Employment Insurance.

Important: The federal benefit requires a qualifying crime-related incident. BC’s 104-week child-death leave does not.

How Do You Request Child Death or Disappearance Leave?

Tell your employer that you need protected leave and when you expect to be away. Provide notice as soon as reasonably possible.

Your employer can request reasonable proof of the death or qualifying disappearance. Keep copies of your request and any supporting documents.

If you want to split your leave into separate periods, obtain your employer’s agreement.

Can Your Employer Refuse the Leave or Fire You?

Your employer must provide the leave when you qualify. They can’t refuse it simply because your absence will be lengthy or inconvenient.

Your employer can’t fire or punish you because you take protected leave. When your leave ends, you must be returned to your previous position or a comparable one.

Your employment is treated as continuous during protected leave, including for applicable vacation, statutory termination and benefit-plan entitlements.

⚠️ Fired or pressured to resign while on leave? You may have legal options. Don’t sign a release or accept a severance package before understanding your rights. Severance pay in BC can reach as much as 24 months’ pay.

Death or Disappearance of a Child Leave BC: FAQs

Does the Child’s Death Have to Be Crime-Related?

No. BC’s 104-week child-death leave isn’t limited to deaths caused by a crime. Crime-related requirements apply to the separate child-disappearance leave and the federal income benefit.

What Happens if a Missing Child Is Found Alive?

The disappearance leave ends no later than 14 days after the child is found alive, unless another statutory end date applies sooner.

What if a Missing Child Is Found Dead?

Disappearance leave ends, but the employee may qualify for up to 104 weeks of child-death leave. The applicable leave period begins when the child is found dead.

Is Child Death Leave Different From Bereavement Leave?

Yes. Bereavement leave in BC provides up to three unpaid days after the death of an immediate family member. Child-death leave is a separate entitlement offering substantially longer protection.

What if You Need More Time Off?

Depending on your circumstances, another protected leave or medical accommodation may apply. Review our BC leave of absence guide before resigning.

Denied Leave or Fired After the Death or Disappearance of Your Child?

The BC employment lawyers at Samfiru Tumarkin LLP help non-unionized employees facing denied protected leave, pressure to return to work and wrongful dismissal.

Before you sign, always check first.

➡️ Get a Consultation or call 1-855-821-5900.