Understanding bereavement leave in Canada

Many of us will experience bereavement at some point during our working lives. It’s a deeply personal and difficult time, where personal responsibilities should take precedence over work commitments. From spending time with family to organizing a funeral or memorial, there are often immediate and ongoing demands that require time away from work.

In those moments, work can feel far removed from what actually matters. Employees aren’t just dealing with logistics — they’re processing loss, supporting loved ones, and navigating an emotional situation that doesn’t follow a clear timeline. That’s where bereavement leave comes in, giving employees protected time to step away and focus on what matters most without the added pressure of work.

For employers, understanding bereavement leave isn’t just about compliance. It’s about creating an environment where people feel supported during one of the most difficult periods they may face.

Ensure your team has the time and support they need during difficult moments. Learn how to implement effective bereavement policies

What is bereavement leave?

Bereavement leave in Canada is a job-protected leave that eligible employees can take following the death of an immediate family member. While the concept is straightforward, the rules around it can vary depending on jurisdiction. Canada has a split system when it comes to employment standards. Some employees, such as those working in banking, telecommunications, or air transportation, are governed by federal legislation, specifically the Canada Labour Code.

However, the majority of employees are covered by provincial or territorial employment standards. This means that the exact entitlement — including how many days an employee can take and whether those days are paid — will depend on where the business operates. Despite these differences, one thing remains consistent: bereavement leave is designed to give employees time away from work to deal with the practical and emotional impacts of losing someone close to them.

Are Canadian employers legally obliged to provide paid bereavement leave?

The short answer is: sometimes. For employees covered by the Canada Labour Code, the entitlement is relatively generous compared to many provincial standards. Employees can take up to 10 days of bereavement leave following the death of an immediate family member. Once they’ve completed three months of continuous employment, the first three days of that leave must be paid, with the remaining days unpaid.

For most other employees, whether bereavement leave is paid depends on provincial legislation — and in many cases, it isn’t required to be. In Ontario, for example, employees are entitled to two days of unpaid bereavement leave per year after completing two consecutive weeks of employment. These days are job-protected, but they are not paid under the minimum standards.

Because these legal minimums are relatively modest, many employers choose to go beyond them. Offering additional days, providing paid leave, or allowing flexible use of other leave types are all common ways businesses enhance their policies. From an employer’s perspective, this is often less about compliance and more about culture. Providing meaningful support during difficult moments can have a lasting impact on employee trust, engagement, and retention.

Can an employer refuse bereavement leave?

If an employee qualifies for bereavement leave under the relevant legislation, an employer cannot refuse it. Bereavement leave is job-protected, which means employees are entitled to take the leave without fear of negative consequences. Employers cannot dismiss, discipline, demote, or otherwise penalize an employee for exercising their right to take bereavement leave. In reality, these situations are rarely approached in a strictly transactional way. Most employers understand the sensitivity involved and handle requests with a degree of flexibility and compassion.

While employers may ask for reasonable notice or, in some cases, supporting information, the expectation is that both parties act in good faith. Employees should communicate their needs as clearly as possible, and employers should respond with understanding and respect. It’s also worth noting that policies and internal practices can influence how these situations play out. Organizations with clear, well-communicated bereavement policies tend to navigate these moments more smoothly than those making decisions on a case-by-case basis.

How long is bereavement leave in Canada?

This is where the differences between federal and provincial standards become most noticeable. Employees covered by the Canada Labour Code are entitled to up to 10 days of bereavement leave following the death of an immediate family member. These days don’t necessarily have to be taken all at once — they can be split into one or two periods, which allows employees to manage both immediate responsibilities and any follow-up commitments.

Typically, this leave must be taken within six weeks of the funeral, burial, or memorial service. This flexibility recognizes that grief and related responsibilities don’t always happen on a fixed schedule. In the case of the death of a child, the entitlement is significantly longer. Employees can take up to eight weeks of bereavement leave, reflecting the profound impact of such a loss.

At the provincial level, entitlements are generally more limited. In Ontario, employees are entitled to two unpaid days of bereavement leave per year, regardless of how many bereavements occur within that period.

Because of this gap, many employers choose to implement internal policies that provide more meaningful support. This is particularly important in industries where employees may not have the financial flexibility to take unpaid time off. Ultimately, while legislation sets the baseline, employer policies often determine the real level of support employees receive.

How else can employers support their team members through a bereavement?

Policies are important, but how employers respond in the moment matters just as much. A good starting point is making sure employees clearly understand what they’re entitled to — and what flexibility is available beyond that. Some employees may need additional time off, while others may prefer a gradual return to work. Small gestures can also go a long way. That might mean sending flowers, checking in at the right time, or simply giving someone the space they need without pressure.

It’s also worth pointing employees toward support resources, like an Employee Assistance Program (EAP), if one is available. Above all, privacy matters. Some people are open about their loss, while others prefer to keep things private. Letting the employee lead that conversation is key.

Creating a bereavement leave policy

Even though bereavement is unpredictable, having a clear policy in place helps remove uncertainty during already difficult moments.

A well-defined bereavement leave policy ensures that employees understand their entitlements and that managers have a consistent framework to follow. It also reduces the need for on-the-spot decision-making, which can be challenging in sensitive situations.

At a minimum, your policy should outline:

• The number of working days provided for bereavement leave
• Whether the leave is paid, unpaid, or a combination of both
• The eligibility requirements for accessing the leave
• The timeframe in which the leave can be taken
• Whether additional leave can be granted at the employer’s discretion
• How “immediate family member” is defined (for example, spouse, parent, sibling, child, or in-law relationships)
• The process for requesting bereavement leave

Many employers also choose to include guidance for managers on how to handle these situations, helping ensure a consistent and compassionate approach across the business. Most importantly, policies don’t need to be overly complex. Clarity and accessibility are more valuable than exhaustive detail. Employees should be able to quickly understand what support is available to them without having to navigate dense or technical language.

The wrap-up

Grief and loss are inevitable parts of life, and every workplace will encounter them at some point. While employers can’t remove the difficulty of bereavement, they can play an important role in supporting their people through it. As an employer or HR manager, it’s a situation you don’t want to face, but have to prepare for. Employment Hero’s all-in-one, AI-powered Employment Operating System unifies HR and payroll software, helping you to create an effective bereavement leave policy. This way, they’ll be clearly aware of their rights and entitlements when it comes to dealing with such situations.

Leave management is also made easy with employee self-service. All employees can see their leave balances and submit leave requests electronically, automatically notifying management who can view an individual’s leave balance, as well as a team leave calendar. Regardless of whether your team is working in-office or remotely, they’ll be able to request bereavement leave wherever they are. Because when it comes to bereavement, the right support at the right time matters more than anything.