You have a legal right to bereavement leave. Bereavement leave in Ontario falls under the broader category of Personal Emergency Leave in some sectors, but more specifically, most employees are entitled to time off for the death of a close family member under the Employment Standards Act, 2000.
Ontario law entitles eligible employees to up to 3 days of unpaid bereavement leave per calendar year for the death of a specified family member.
This time is meant to cover funeral arrangements, attending services, and managing the immediate aftermath of a loss — not the full grieving process, which is an important distinction many people don’t realize until they need this leave.
Who Qualifies as "Family" Under the ESA?
The leave applies to the death of:
- Your spouse (including common-law)
- A parent, step-parent, or foster parent
- A child, step-child, or foster child
- A grandparent or grandchild
- A sibling
- A relative who is dependent on you for care or assistance
If the deceased doesn’t fall into one of these categories, the legal entitlement may not technically apply — though many employers extend bereavement leave more broadly as a matter of policy.
Who Qualifies as "Family" Under the ESA?
You qualify for ESA bereavement leave if you have been employed with your employer for at least two consecutive weeks. There is no minimum number of hours required — part-time employees are eligible too.
But bereavement leave isn’t paid — not under the ESA. The 3 days are unpaid by default. However, many employers offer paid bereavement leave as part of their company policy, benefits package, or collective agreement.
Always check your employment contract or employee handbook. Paid bereavement leave is common in many workplaces, but it is not a legislated requirement on its own.
Can Your Employer Deny Your Leave?
No. If you meet the eligibility requirements, your employer cannot refuse your bereavement leave. They also cannot require a doctor’s note for this type of leave, though they may ask for reasonable evidence of the circumstances, such as a funeral notice.
Is Your Job Protected While You're On Leave?
Yes. While you are on bereavement leave, your employer must:
- Hold your job, or a comparable position, for your return
- Continue your benefits during the leave
- Continue your seniority and length-of-service accumulation
Your employer cannot penalize, demote, or terminate you for taking bereavement leave. Doing so would be considered reprisal — a separate violation under the ESA.
What If You Need More Than 3 Days?
If your grief, the logistics of the loss, or related circumstances require more time, you have a few options:
Use vacation time — many employees combine their bereavement days with available vacation time to extend their leave.
Unpaid personal leave — some employers allow additional unpaid time off at their discretion.
Sick leave or mental health support — if grief is affecting your mental health, ESA sick leave or a medical leave may apply, particularly if supported by a healthcare provider.
Speak with your employer directly — many employers are willing to extend bereavement accommodations beyond the statutory minimum, especially for sudden or traumatic losses.
What To Do If Your Rights Were Violated
If your employer denied your bereavement leave, pressured you to return early, or treated you unfairly after taking this time off, document what happened and speak with an employment lawyer. You may have a claim under the ESA for denial of leave or reprisal.
