Bereavement leave laws in Toronto, Canada

Bereavement leave laws in Toronto, Canada

Surviving family members must go on bereavement leave when a loved one dies. In Toronto, Canada, specific laws protect employees who take bereavement leave. These laws vary based on the type of work an employee does, but in general, all employees are eligible for up to two days of bereavement leave per year. Additionally, employers must provide reasonable reinstatement and severance arrangements to employees who take bereavement leave.

Your employer has already put some roadblocks in terms of giving you time off. There are many different ways that companies can deny bereavement leave. These include not recognizing the need to give employees time to grieve their losses or believing that employees taking more than two days off will be seen as “unprofessional.” So if your company denies you this time off, what should you do?

What are the Bereavement Leave Laws?

The City of Toronto is one of a handful of Canadian municipalities with bereavement leave laws. The leave is unpaid, but employees are entitled to health and disability insurance benefits during their absence.

In 2013, the Ontario legislature passed Bill 148, which amended the Employment Standards Act to include bereavement leave provisions. This bill went into effect on January 1, 2014.

A few factors can influence whether an employer offers bereavement leave. These include the size and type of the company, the amount of time required to process an employee’s application for leave, and whether the company has a history of granting bereavement leave.

Notice Requirements

In Toronto, Canada, employees are entitled to bereavement leave of up to 2 days. The notice must include the employee’s name, position, and date of death. The leave must be taken within one year of the date of the demise.

Proof of entitlement

An employee who requests bereavement leave may be asked to present proof of their eligibility. This could come in the form of a death certificate, a funeral home notification, an obituary that has been published, a printed program from a memorial service, or a message from a lawyer’s office setting up a meeting to address estate concerns.

The totality of the circumstances, including the length of the leave, the existence of a pattern of absences, any evidence, and the expense of the evidence, will determine what is reasonable.

Reasons Why Bereavement Leave May Be Taken

The purpose of bereavement leave is to allow employees to mourn the loss of a loved one and come to terms with their grief. It is important to note that this leave is not intended to replace regular employment duties or responsibilities; rather, it is intended to provide an opportunity for employees to take some time off work while supporting themselves and their loved ones.

If you are an employee in Toronto, Canada, and experiencing grief due to a personal loss, it is important to speak with your employer about your eligibility for bereavement leave. If you have questions about your rights as an employee, please feel free to call a Toronto employment lawyer.

How Do I Go About Getting Bereavement Leave If Denial Is Happening To Me?

If you are experiencing a denial of bereavement leave in Toronto, Canada, there are a few steps that you can take to try and gain the leave that you need. 

  1. Speak to your employer about what their policy is on bereavement leave. If your employer does not have any specific policies on bereavement leave, then they may be able to look into drafting a policy for their workplace. 
  2. Speak to the Human Resources department at your company. They could help you understand the company’s denial policy and guide you through filing a grievance. 
  3. File a complaint with the Labour Standards Board of Ontario. This board is responsible for enforcing labour laws in the province of Ontario, and they could help you obtain the bereavement leave you need.

Special Rules for Bereavement Leave

In Toronto, Canada, employers must provide employees with a two-days bereavement leave upon the death of a family member. The leave may be taken in one block or up to 25 days. The employee must give at least two weeks’ notice of their intent to take the leave, and the leave cannot be taken during the first six months after the employee’s birth or adoption.

In light of the recent death of a loved one, it is important to be aware of the bereavement leave laws in Toronto, Canada. Under these laws, you are entitled to take up to two days of unpaid leave following the death of your loved one. The leave can be taken in blocks of two or three days and must be used within a year after the death. The law does not require an employer to give notice before taking bereavement leave, nor does it require employees to provide a reason for taking the leave.


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