When a loved one dies in Ontario, employers are required to allow bereavement leave so that grieving employees can take time to cope with their loss without the fear of losing their job. This article examines the specifics of bereavement leave in Ontario and how it can aid healing and recovery.
What is bereavement leave?
Bereavement leave is a designated period during which employees are allowed to take time off work after the death of a close family member. The leave gives individuals time to grieve, manage the logistics of funerals, handle personal affairs, and begin their mourning and healing process.
Bereavement leave is a vital aspect of workplace policies that recognizes the profound impact of loss and helps support employees through their mourning period.
Bereavement leave in Ontario
Bereavement leave in Ontario is governed by the Ontario Employment Standards Act, 2000 (ESA). This legislation sets out the minimum standards for workplaces in the province.
Provisions for bereavement leave are outlined in Section 50.0.2 of the ESA. This includes eligibility, length of leave, notice requirements, etc.
FAQs about bereavement leave in Ontario
Here are common questions about bereavement leave in the province.
Who is entitled to bereavement leave in Ontario?
Workers employed for at least two consecutive weeks are entitled to bereavement leave. This includes full-time and part-time employees.
The leave can be taken upon the death of specific family members, including:
The employee’s spouse.
A parent, step-parent or foster parent of the employee or the employee’s spouse.
A child, step-child or foster child of the employee or the employee’s spouse.
A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse.
The spouse of a child of the employee.
The employee’s brother or sister.
A relative of the employee who is dependent on the employee for care or assistance.
Note: Certain professionals may not be entitled to bereavement leave if taking time off would be considered professional misconduct or abandonment of duties. Learn more about these exempt workers.
Is bereavement leave paid in Ontario?
Bereavement leave in Ontario is typically unpaid. The Employment Standards Act does not require employers to provide paid leave for bereavement. However, some employers may offer paid bereavement leave as part of their benefits package or company policy.
How long is bereavement leave in Ontario?
Employees are entitled to up to two days of unpaid bereavement leave per calendar year. The absence does not have to be taken consecutively and unused bereavement days do not carry over into the following calendar year.
Some workplaces offer additional time off for bereavement. Employees should verify their entitlements with their employer.
What are employee rights under bereavement leave?
Employees taking bereavement leave in Ontario are protected from termination of employment or any form of punishment or reprisal due to their absence. Additionally, employees are entitled to accrue benefits and services while on leave as if they were working.
What are employer rights under bereavement leave?
Ontario employers must comply with the ESA provisions. This means they must allow eligible employees to take the leave without being penalized.
Employers are not obligated to pay employees during the leave period unless stated in an employment contract or company policy. They can also ask for reasonable notice and proof of entitlement.
Do you need to provide notice for bereavement leave?
Yes, employees are required to give their employer written or oral notice when taking bereavement leave. The ESA does not specify an exact timeframe, but employees should provide notice as soon as possible, preferably before the leave starts.
However, Failure to provide notice does not result in the employee losing the right to take bereavement leave (source).
Can an employer ask for proof of entitlement?
Yes, employers can request reasonable evidence of entitlement to bereavement leave. However, it is important for employers to be considerate of the grieving employee’s situation when asking for proof.
Reasonable evidence may include a death certificate, obituary, a note from a funeral home, a printed program for memorial services, etc.
Can an employer deny bereavement leave?
Employers cannot deny an eligible employee’s request for bereavement leave if it falls under the ESA’s provisions. However, if an employee does not meet eligibility criteria or fails to provide reasonable notice or proof, the employer may have grounds to deny the request.
How to use bereavement leave for healing and recovery
Bereavement leave provides employees with time away from work to grieve, attend funeral services, and manage personal and familial responsibilities. This period can be crucial for emotional healing and recovery, allowing individuals to begin to process their loss without the additional pressure of work expectations.
Therapy can be beneficial during this time, helping individuals process their grief, develop coping strategies, and prevent long-term emotional distress. Many therapists specialize in grief counselling and can provide tailored support to help clients manage their loss.
Visit Ontariotherapists.com if you need bereavement counselling.
In addition to therapy, joining support groups can offer a sense of community and understanding, connecting individuals with others who have experienced similar losses. This can provide comfort and reduce feelings of isolation.
Taking care of one’s physical health when grieving is also essential. Grieving can take a toll on the body, and maintaining healthy habits such as regular exercise, a balanced diet, and sufficient sleep can support overall well-being. Mindfulness practices (e.g., meditation) can help manage stress and promote emotional balance.
Grief counselling with our therapist collective
At OntarioTherapists.com, we offer personalized therapy and counselling for all ages. Our goal is to provide the necessary support for clients to process complex emotional experiences like grief.
Our psychotherapists have diverse expertise, with several team members specializing in supporting clients through grief and loss. We recognize the profound impact of losing a loved one and are here to help you move forward in your healing journey.
Book a free half-hour consultation via video call or phone to learn more. Call us at 647-296-9235 or click here to book your appointment.