In Ontario, employees are generally entitled to job‑protected, unpaid bereavement leave of up to two days each calendar year when certain close family members pass away, but some workers may have better rights under their employment contract or the federal Canada Labour Code.

Losing someone close is painful, and worrying about work at the same time can feel overwhelming. This guide explains your rights to bereavement leave in Ontario, what your employer can and cannot ask for, and when to speak with employment lawyers if your time off is denied or questioned.

We will also touch on how rules differ for federally regulated employees, and how a job protected leave works under the Ontario Employment Standards Act.

What Is Bereavement Leave?

In Ontario, bereavement leave is a type of job protected leave that lets you take time off after the death of certain family members, without losing your job.

Under the Employment Standards Act, most provincially regulated employees can take up to two days of unpaid bereavement leave each calendar year when an eligible family member dies.

Key features of bereavement leave in Ontario:

• Available after you have worked for at least two weeks for your employer

• Job protected leave – your employer cannot punish you for taking it

• Statutory minimum; your employment contract or policy may offer more days or paid bereavement leave

Eligibility for Bereavement Leave in Ontario

However, not every worker in Ontario is covered by the provincial Employment Standards Act.

You are generally eligible for bereavement leave in Ontario if:

• You are an employee in Ontario covered by the ESA (for example, most office, retail, manufacturing, and service workers)

• You have been employed for at least two consecutive weeks with the same employer

• The person who died is one of the following family members defined in the law

If you work in industries like banking, airlines, or telecommunications, you may instead be covered by the Federal Canada Labour code, < –make a nofollow and open a new windowwhich has different rules and more generous bereavement leave paid entitlements.

How Many Bereavement Days Are You Entitled to in Ontario?

Under the ESA, you are entitled to up to two days of bereavement leave in Ontario per calendar year, not per death. ​

That means: ​

• If one eligible family member dies, you may take up to two days

• If more than one eligible family member dies in the same year, you do not automatically get extra days under the ESA

• However, your employment contract or workplace policy can offer more generous bereavement leave paid or unpaid days

Some employers allow additional time off, flexible work arrangements, or paid bereavement leave through policy or collective agreements. Always review your written employment contract, employee handbook, or union agreement.

Who Counts as “Family” for ESA Bereavement Leave?

Under Ontario’s ESA, bereavement leave in Ontario can be taken when these family members die:​

Relatives such as aunts, uncles, nieces, and nephews are not automatically covered under ESA bereavement rules, though your employer can still choose to grant leave or may cover them under policy.

Notice of Bereavement Leave

You should tell your employer you are taking bereavement leave as soon as you reasonably can.​

• If possible, give notice before your leave starts (for example, by email, text, or phone).

• If you cannot give advance notice (for example, an unexpected funeral or memorial service), you must inform your employer as soon as possible.

• You do not have to give notice in writing unless company policy requires it. A verbal notice is enough under the ESA.

Even if you forget or are too upset to give notice right away, you do not lose your right to ESA bereavement leave in Ontario, as long as you meet the other conditions.

Proof That You Need for Bereavement Leave

Under the ESA, your employer may ask you for “evidence reasonable in the circumstances” to show you are entitled to bereavement leave in Ontario.​

Reasonable proof might include:​

• A death certificate

• An obituary or online memorial notice

• A document from a funeral or memorial service home

• A letter or note from an estate lawyer or religious organization

What is “reasonable” depends on the situation: how long the leave is, how quickly the death occurred, and how easy it is to get documents while you are grieving.

If your employer’s requests feel excessive or intrusive, it may be a sign to speak with employment lawyers for advice.

Is Bereavement Leave Paid in Ontario?

Under the ESA in Ontario, bereavement leave is unpaid leave by default.​

However, you may receive pay during bereavement leave if:

• Your employment contract or company policy provides paid bereavement leave

• A collective agreement (for unionized workers) includes bereavement leave paid provisions

• Your employer chooses to pay you even though the law only requires unpaid time off

For example, some employers provide three fully paid bereavement days for immediate family members, plus additional unpaid time if needed. Others might offer up to two days paid and extra unpaid days for travel. These extras are contractual benefits, not ESA minimums.

Special Rules for Federally Regulated Employees

If you work in a federally regulated industry (for example, banking, air travel, rail, telecom, or Canada Post), your rights come from the Canada Labour Code, < –make a nofollow and open a new windownot the ESA. ​

Under the Canada Labour Code:

• Employees can take up to 10 days of bereavement leave when an eligible family member dies

• After three consecutive months of service, at least three of those days may be paid bereavement leave

• These federal rules can be significantly more generous than bereavement leave in Ontario under the ESA

If you’re not sure whether you are provincially or federally regulated, an employment lawyer can help you determine which law applies.

Can an Employer Deny Bereavement Leave?

A provincially regulated employer cannot legally deny ESA bereavement leave if:

• You are covered by the ESA

• You have at least two weeks of service

• The deceased is an eligible family member

However, problems arise when:

• The employer insists the person is not an eligible family member

• The employer demands unreasonable proof (for example, insisting on a death certificate within 24 hours)

• The employer threatens discipline or termination for using ESA bereavement leave ontario

Because it is a job protected leave, your employer cannot fire you, suspend you, or cut your hours for exercising your ESA right to bereavement leave.

If this happens, it may amount to a breach of employment standards and could also raise human rights concerns, especially if grief is tied to an existing disability or mental‑health condition.

Maya’s Experience with Bereavement Leave

Maya works at a manufacturing plant in Guelph, ON. She has been there for three years. Her grandmother—who helped raise her—passes away suddenly.

Maya emails her supervisor to say she needs bereavement leave and will be away for two days to attend the funeral or memorial service and support her parents. Her manager hesitates and says the plant is short‑staffed, but Maya explains that the ESA gives her up to two days of job protected bereavement leave for a grandparent.​

She sends a link to the online obituary as proof. The company HR department confirms she is entitled to take the time off and reminds the supervisor that this is a job protected leave, so Maya’s shifts and seniority must not be penalized.

Practical Checklist: Taking Bereavement Leave Ontario

Use this quick checklist to protect your rights when a loved one dies.

Bereavement Leave Checklist (Ontario ESA)

• Confirm that the person who died is one of the ESA‑listed family members (spouse, parent, foster parent, child, foster child, grandparent, grandchild, sibling, son/daughter‑in‑law, or dependent relative).

• Check whether you have worked at least two weeks for your current employer.

• Notify your employer as soon as you can (email, text, or phone is usually enough).

• Ask HR or your manager whether your employment contract or policy provides extra days or paid bereavement leave.

• Collect simple proof if requested (online obituary, death certificate, funeral notice).

• Keep copies of any emails or texts in case there is a dispute about your bereavement leave paid status or job protection.

Seeking Advice from an Employment Lawyer

If an employer refuses to grant ESA bereavement leave, demands unreasonable documentation, or penalizes you for taking a job protected leave, it may be time to contact employment lawyers.

Situations where legal help is especially important include:

• You are disciplined, demoted, or fired soon after taking bereavement leave ontario

• Your employer insists you return early or refuses to recognize the deceased as an ESA‑covered family member

• Your workplace policy appears to offer more generous benefits than you actually receive (for example, promised paid bereavement leave not honoured)

• You are a federally regulated employee and need help understanding your rights under the Canada Labour Code

Share Lawyers focuses on protecting employees and people whose income is at risk because of health, disability, or conflicts at work, and can help you understand how bereavement‑related issues connect with other rights such as medical leave, disability benefits, or severance. Contact our employment lawyers today. There are no fees unless you win your case.