Bereavement Leave in Québec: Guide for Employers

Supporting an employee through the loss of a loved one is one of the most delicate responsibilities an employer faces. While your instinct is to offer compassion and space, as a business owner or HR manager in Québec, you also have specific legal obligations to navigate.

Balancing empathy with compliance isn’t cold—it’s necessary. Understanding the rules set out by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) ensures your employees get the time they need without resulting in payroll errors or confusion during a difficult time.

This guide breaks down exactly what you need to know about bereavement leave in Québec, distinguishing between statutory rights and “best practice” empathy.

What is bereavement leave under Québec’s Normes du travail?

Under the Act Respecting Labour Standards, bereavement leave is a statutory right that allows employees to take time off following the death of a family member. It is distinct from “Family Obligation” days, which cover responsibilities like caring for a sick child.

Who is eligible?
Here is the good news for simplicity: All employees are entitled to bereavement leave, regardless of their seniority or whether they work full-time or part-time.

However, there is a crucial nuance regarding pay:

• Time off: Eligibility for the time off is immediate. An employee hired yesterday can take bereavement leave today.
• Paid leave: To be eligible for the paid portion of the leave (specifically for immediate family), the employee typically does not require a specific length of service under the general standard, but you should always verify if your specific industry decree or collective agreement states otherwise. Under the general Normes du travail, the entitlement to paid days applies to all employees.

Immediate vs. extended family: Understanding paid and unpaid entitlements

This is where most employers get stuck. The CNESST draws a sharp line between “immediate” family and “extended” family. This distinction is based on the employee’s relationship to the deceased, and that relationship determines how many days are available and whether any portion must be paid..

Immediate family entitlements (The 5 days rule)

For the death of an immediate family member, an employee is entitled to a total of five (5) days of leave.

Who counts as immediate family?

• Spouse (including common law)
• Child
• Spouse’s child
• Father
• Mother
• Brother
• Sister

The Pay Breakdown:

• First 2 days: Paid by the employer.
• Next 3 days: Unpaid (at the employee’s expense).

Note: While the law requires you to pay for two days, many progressive employers choose to pay for all five as part of their benefits package to better support their team.

Extended family entitlements (The 1 day rule)

For the death of extended family members, the entitlement drops significantly. An employee is entitled to one (1) day of unpaid leave.

Who counts as extended family?

• Grandparents
• Grandchildren
• Son-in-law
• Daughter-in-law
• Father-in-law
• Mother-in-law
• Brother-in-law
• Sister-in-law

The Pay Breakdown:

• 1 day: Unpaid.

While the CNESST does not require you to pay for this day, offering it as a paid day is a low-cost, high-impact way to show you care. It’s a small gesture that builds massive loyalty.

Eligibility and administrative rules for bereavement

Knowing who gets leave is step one. Step two is managing how it happens.

Is proof of death required?

The law allows an employer to request reasonable proof (like an obituary or death certificate) to justify the absence due to bereavement.

But should you?

 While CNESST doesn’t hand you a specific template to follow, they do trust you to use your best judgment. Think of it as a flexibility check: you’re looking for ‘reasonable evidence,’ so aim for a process that feels fair and fits the situation without overcomplicating things for your team.

The 15-day rule and splitting days

Bereavement leave is intended to be taken in proximity to the date of death or funeral. Allowing some flexibility around timing often aligns better with employees’ actual needs.

Grief doesn’t follow a strict schedule, but the law does have a timeline.

• The timeline: Generally, employees must take their bereavement leave within 15 days of the funeral or the death.
• Splitting days: Can an employee take two days now for the death and three days next month for the funeral? Yes, but only with your consent.

 From a management perspective, flexibility is often your best tool. If your operations allow for it, consider letting your employee split their leave—perhaps taking a few days immediately and the rest for a later service. Adapting the schedule to fit both your business needs and the employee’s specific situation is a great way to lead with empathy while keeping things running smoothly.

Conclusion

Bereavement is one of those “moments of truth” in the employee-employer relationship. Handle it with rigid adherence to the bare minimum and you might save a few dollars but lose an employee’s heart. Handle it with clarity, flexibility and support and you show your team that you have their back when life gets hard.

Preparation is your best ally. Having a clear policy in place means that when a tragedy occurs, you aren’t scrambling to check the Normes du travail website—you’re focusing on supporting your person.

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