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Employees covered by Ontario’s Employment Standards Act, 2000 (ESA) can generally take up to two days of unpaid, job-protected bereavement leave per calendar year after working for the same employer for at least two consecutive weeks.
The entitlement is two days for the year, not two days for every death.
The leave only applies when certain family members die. It can be used at the time of the death or later for purposes such as attending a funeral or memorial service or dealing with estate matters.
Ontario’s official bereavement leave guidance, updated on February 5, 2026, confirms these minimum employment standards.
Who Qualifies for Bereavement Leave in Ontario?
An employee generally becomes eligible after being employed by the employer for at least two consecutive weeks.
The previous 90-day requirement sometimes quoted online is incorrect for Ontario ESA bereavement leave.
Both full-time and part-time employees can qualify. The two-day entitlement is not reduced for a part-time employee or someone who starts work partway through the calendar year.
Which Family Members Are Covered?
Ontario does not provide statutory bereavement leave for the death of any person an employee considers a loved one. Section 50.0.2 of the ESA specifies the relationships that qualify.
| Relationship | Covered by Ontario ESA Bereavement Leave? |
| Spouse or common-law partner | Yes |
| Parent | Yes |
| Step-parent | Yes |
| Foster parent | Yes |
| Parent, step-parent or foster parent of the employee’s spouse | Yes |
| Child | Yes |
| Step-child | Yes |
| Foster child | Yes |
| Child, step-child or foster child of the employee’s spouse | Yes |
| Grandparent | Yes |
| Step-grandparent | Yes |
| Grandchild | Yes |
| Step-grandchild | Yes |
| Equivalent grandparent/grandchild relationships of the employee’s spouse | Yes |
| Spouse of the employee’s child | Yes |
| Brother or sister of the employee | Yes |
| Relative dependent on the employee for care or assistance | Yes |
The definition of spouse includes married and unmarried couples.
What About Aunts, Uncles, Cousins, Nieces, Nephews and Friends?
An aunt, uncle, cousin, niece or nephew is not automatically covered simply because of that family relationship.
However, the ESA separately covers a relative who is dependent on the employee for care or assistance, so a particular relative could qualify under that provision depending on the circumstances.
Friends are not part of the statutory family list. The ESA also does not establish bereavement leave for the death of a pet.
A spouse’s sibling is not specifically included in the listed relationships either.
An employer is free to offer a broader bereavement policy covering friends, extended family members, pets or other relationships.
The ESA establishes minimum rights; it does not prevent employers from offering more generous benefits.
How Many Bereavement Days Do Employees Get in Ontario?
The statutory entitlement is two days per calendar year, not two days for each death.
For example, if an employee uses both statutory bereavement days following the death of a parent in February, another qualifying death in November does not create another two-day ESA entitlement for that year.
An employer can voluntarily provide more time through an employment contract, collective agreement, workplace policy or discretionary leave.
The two statutory days:
- Do not have to be consecutive
- Do not carry forward into the following calendar year
- Are not reduced for part-time employees
- Are not pro-rated for employees hired partway through the year and
- May be taken at different stages following a death.
Ontario specifically permits bereavement leave to be taken at the time of death or later, including to attend a funeral or memorial service or deal with estate matters.
This means an employee could, for example, take one day shortly after the death and keep the second day for a later memorial service or estate appointment.
What Happens If You Need Only Part of a Day?
An employee may need only several hours away from work: for example, to attend a meeting concerning an estate.
Ontario allows bereavement leave to be taken for part of a day. However, the employer is permitted to count that absence as one full day against the employee’s two-day annual entitlement.
That does not mean the employer can refuse to pay for hours actually worked.
If an employee works half of the shift and takes bereavement leave for the other half, wages remain payable for the hours actually worked.
Those working hours also continue to count when relevant to overtime and hours-of-work calculations.
Is Bereavement Leave Paid in Ontario?
Ontario’s statutory bereavement leave is unpaid.
An employer may nevertheless provide paid bereavement leave through:
- An employment contract
- A collective agreement
- An employee handbook or workplace policy or
- An enhanced employer benefit.
If contractual provisions provide a greater right or benefit than the ESA minimum, those provisions can apply instead.
There is an important interaction between contractual leave and statutory leave.
Ontario gives the example of an employment contract providing one paid bereavement day. Because one day is not a greater overall entitlement than the ESA’s two days, the ESA standard still applies.
But if the employee uses that contractual paid day in circumstances that also qualify for ESA bereavement leave, it can count as one of the employee’s two ESA days as well.
The employee would then have one statutory bereavement day remaining.
Employees therefore should not automatically assume that employer-paid bereavement days are added on top of two separate ESA days.
How Do You Request Bereavement Leave?
Ontario does not require an elaborate application process.
Generally, the employee should tell the employer before beginning the leave.
If circumstances make advance notice impossible, the employee should notify the employer as soon as possible after starting the leave.
Importantly, the notice does not have to be in writing. Oral notice can satisfy the ESA requirement. An employee also does not automatically lose the statutory entitlement because they failed to provide advance notice.
However, providing written notice is often practical because it creates a record of:
- When the employer was informed
- Which dates were requested
- That the absence was being treated as bereavement leave and
- Any documentation subsequently requested.
An employee should also check whether the employer offers additional contractual bereavement benefits with separate administrative procedures.
Can an Employer Ask for a Death Certificate?
An employer may request evidence that is reasonable in the circumstances to establish that an employee qualifies for bereavement leave.
That does not mean every employee must obtain an Ontario death certificate.
Ontario expressly identifies several possible forms of evidence, including:
- A death certificate
- Notification from a funeral home
- A published obituary
- A printed memorial-service program or
- Communication from a legal office confirming an appointment concerning estate matters.
What is reasonable depends on factors such as the circumstances surrounding the absence, the availability of documentation, the duration of the leave, any relevant pattern of absences and the cost of obtaining the evidence.
Ontario even gives an example in which it may be unreasonable to require a minimum-wage worker to buy a $25 lawyer’s letter simply to prove that they attended an estate-related meeting.
The Death Certificate Timing Problem
Requiring an official Ontario death certificate immediately after a death may be impractical.
A death must first be registered before the province can issue a death certificate. Ontario currently warns that registration can take up to 16 weeks after the necessary forms reach the Office of the Registrar General.
That is much longer than the period in which many employees will need to notify their employer and take bereavement leave.
A funeral home notification, obituary or memorial program may therefore be much more readily available when leave is required.
Employees who need the government document itself can see Business IN Canada’s information on getting a death certificate in Ontario.
Death Certificate vs Certified Copy of Death Registration
Ontario provides several different death-related documents, and they should not be treated as interchangeable.
| Document | Typical Uses | Who Can Order? |
| Death certificate | Estates, some insurance matters, cancelling or accessing government services and general proof of death | Anyone |
| Certified copy of death registration without cause of death | Certain overseas estate matters, overseas pensions and insurance purposes | Next of kin or an authorized representative |
| Certified copy with cause of death information | Situations where the detailed registration and medical cause information are specifically required | Restricted applicants; mail/in-person or emergency process |
| Death search letter | When the exact date of death is unknown | Available through ServiceOntario’s death-search process |
For an ordinary bereavement-leave request, the ESA does not say that an employee must obtain the most detailed certified record. The legal question is whether the evidence requested by the employer is reasonable in the circumstances.
If a funeral-home document or other readily available evidence establishes the entitlement, requiring a significantly more difficult or costly document may need justification.
For estate, pension or insurance purposes, however, the organization dealing with the matter may specifically require a death certificate or certified copy.
How Much Does an Ontario Death Certificate Cost?
As of the latest ServiceOntario information available in September 2026:
| Service | Processing/Delivery Estimate | Cost |
| Regular online death certificate | 15 business days plus Canada Post delivery | $15 |
| Premium online death certificate | 5 business days including courier delivery | $45 |
| Regular online certified copy of death registration | 15 business days plus Canada Post delivery | $22 |
| Premium certified copy | 5 business days including courier delivery | $52 |
| Death search letter | 15 business days plus Canada Post delivery | $15 per five-year search period |
An emergency application can be made through the designated ServiceOntario office at 47 Sheppard Avenue East in Toronto when the applicant can provide evidence of urgency.
Emergency service costs an additional $30 per document, producing a total of $45 for a regular death certificate or $52 for a certified copy of death registration.
The target is five business days if the death is already registered, but ServiceOntario states that service guarantees do not apply.
A certified copy of death registration with cause-of-death information is currently unavailable through the regular or premium online services.
A mailed application is listed at $22 with an estimated six-to-eight-week timeframe. Emergency in-person service is listed at $52.
These processing estimates do not eliminate the separate registration delay. Ontario says death registration itself can take up to 16 weeks.
Who Can Order the Documents?
There is no relationship restriction for an ordinary Ontario death certificate. Someone who is not related to the deceased can order one.
A certified copy of the death registration has tighter eligibility requirements. The deceased person’s next of kin or an authorized representative can apply.
Ontario defines next of kin for this purpose as parents, spouse or common-law partner, children and siblings. Extended next of kin may apply if all immediate next of kin are deceased.
ServiceOntario is the government-authorized source for Ontario vital-event certificates. Ontario has previously warned that third-party businesses may charge additional fees without being authorized to speed up the government’s process.
How Is a Death Registered in Ontario?
Before an official certificate can be issued, the death must be registered.
The process generally works as follows:
- The physician, coroner, coroner investigator, nurse practitioner or registered nurse responsible for the medical documentation completes the Medical Certificate of Death.
- An informant, usually a family member, and the funeral director complete the Statement of Death.
- The funeral director delivers the Medical Certificate of Death and Statement of Death to the municipal clerk.
- The municipal clerk forwards the documents to the Office of the Registrar General.
- The death is registered, after which an official provincial certificate can be issued.
Ontario currently advises that this registration process may take up to 16 weeks after the Office of the Registrar General receives the forms.
Can an Employer Refuse Bereavement Leave?
An employer cannot simply refuse a qualifying statutory leave because the absence is inconvenient.
When an employee satisfies the eligibility requirements and takes leave for the death of a person covered by the ESA, the leave is job-protected.
Employers are also prohibited from threatening, dismissing or otherwise penalizing an employee for taking, planning to take or exercising rights relating to ESA bereavement leave.
An employer can, however, ask for evidence that is reasonable in the circumstances.
Disputes can therefore arise over whether:
- The employee has completed two consecutive weeks of employment
- The deceased person falls within the statutory family definition
- The employee has already used both bereavement days that year or
- Evidence requested by the employer is reasonable.
What If Two Days of Bereavement Leave Is Not Enough?
Two days can be considerably shorter than the time someone needs following a death.
The ESA’s two-day bereavement provision is only one of Ontario’s statutory leave provisions. Depending on what happens after the death, another entitlement may separately apply.
Sick Leave
Most eligible Ontario employees can take up to three days of unpaid, job-protected sick leave per calendar year for their own illness, injury or medical emergency after meeting the applicable eligibility rules.
Grief itself does not automatically turn bereavement leave into sick leave. However, where an employee experiences an illness or medical condition, the sick-leave rules may become relevant.
Long-Term Illness Leave
Ontario introduced long-term illness leave on June 19, 2025.
Eligible employees with at least 13 consecutive weeks of employment may receive up to 27 weeks of unpaid, job-protected leave within a 52-week period where a qualified health practitioner certifies that the employee has a serious medical condition and specifies the period during which the employee will not be working.
This is a medical leave, not an automatic extension of bereavement leave. Where grief develops into a serious medical condition meeting the statutory requirements, however, it can become relevant.
Separate obligations under Ontario’s Human Rights Code may also arise where an employee has a disability requiring accommodation.
That issue is distinct from the ESA bereavement entitlement and may require case-specific advice.
Family Responsibility Leave
Family responsibility leave provides eligible employees with up to three unpaid, job-protected days each calendar year because of the illness, injury, medical emergency or urgent matter involving specified family members.
It should not simply be treated as extra bereavement leave. Each ESA leave has its own qualifying circumstances.
Child Death Leave
Where an employee’s child under the statutory definition dies, a much longer entitlement may apply.
Ontario’s child death leave can provide eligible employees with up to 104 weeks of unpaid, job-protected leave.
Generally, an employee must have worked for the employer for at least six consecutive months.
Vacation or Additional Employer Leave
Employees may also discuss options such as:
- Available vacation time
- Additional paid bereavement days under workplace policy
- Personal days available under an employment contract or
- An agreed period of unpaid leave.
Whether these options are available will depend on the employee’s workplace arrangements and the applicable employment rules.
Can Different ESA Leaves Apply to the Same Event?
Potentially, yes.
Ontario states that each statutory leave has its own purpose and eligibility requirements. A person may qualify for more than one type of leave arising from the same overall event.
However, the same absence cannot be counted simultaneously against more than one ESA leave.
For example, bereavement leave and another statutory leave should not simply be merged into one undefined absence. Employers should determine which legal entitlement applies to each period away from work.
Special Rules for Certain Professional Employees
Special ESA rules and exemptions apply to some occupations.
Ontario specifically notes that certain professionals may be unable to take bereavement leave where doing so would constitute professional misconduct or a dereliction of professional duty. Health practitioners are one example identified by the province.
Employees in regulated professions should therefore check whether a special ESA rule applies to their occupation.
Bereavement Leave for Federally Regulated Employees in Ontario
Not every employee working physically in Ontario is governed by Ontario’s Employment Standards Act.
Employees in federally regulated industries generally fall under the Canada Labour Code instead.
Examples include employees working in:
- Banks
- Airlines and air transportation
- Telecommunications
- Radio and television broadcasting
- Postal and courier services
- Interprovincial or international railways
- Interprovincial trucking and bus services
- Certain marine, port and ferry operations
- Cross-border pipelines and
- Most federal crown corporations, including Canada post.
Federal Bereavement Entitlement
Under the current federal rules, an employee covered by the Canada Labour Code can take up to 10 days of bereavement leave following the death of a member of their immediate family.
The leave may generally be taken in one or two periods between the date of death and six weeks after the latest of the funeral, burial or memorial service.
After three consecutive months of continuous employment, the first three days are paid.
Federal Leave Following the Death of a Child
Federal rules were expanded effective December 12, 2025.
Where the employee’s child, or the child of their spouse or common-law partner, dies, the employee may now qualify for up to eight weeks of bereavement leave.
The federal definition used for this entitlement includes a person under 18 and certain individuals for whom the employee or their spouse/common-law partner can claim the Canada caregiver credit.
The leave can generally be taken during the period beginning with the death and ending 12 weeks after the latest funeral, burial or memorial service.
Federal Pregnancy Loss Leave
Changes effective December 12, 2025 also introduced federal leave following pregnancy loss.
Federally regulated employees may qualify for:
- up to eight weeks following a stillbirth or
- three days for another pregnancy loss.
The first three days are paid where the employee has at least three consecutive months of continuous employment.
The entitlement can apply to the person who was pregnant, their spouse or common-law partner and certain intended legal parents, including circumstances involving adoption or surrogacy.
Employees should therefore determine whether their workplace is provincially or federally regulated before relying on Ontario’s two-day ESA rule.
What Should an Employee Do If Bereavement Leave Is Refused?
Employees who believe their ESA rights have been violated can raise the issue with the employer or HR department first and keep records of relevant communications.
If the matter cannot be resolved, an employee may be able to file an Employment Standards Act claim with Ontario’s Ministry of Labour, Immigration, Training and Skills Development.
Ontario specifically identifies refusing an employee an ESA leave or penalizing an employee for taking a statutory leave as examples of issues that may support an employment standards claim.
Generally, an ESA claim must be filed within two years of the alleged violation.
Unionized employees covered by a collective agreement generally use their workplace grievance procedure rather than the ordinary ESA claim process.
Other employees who believe their ESA rights have been violated can review Ontario’s guidance on filing an Employment Standards claim.
Employees in federally regulated workplaces must instead use the applicable federal complaint or labour standards process.
Bereavement Leave Policy Tips for Ontario Employers
Employers should distinguish between the statutory minimum and any enhanced company benefit.
A practical workplace policy should clearly state:
- Who qualifies under the policy
- Whether the policy is restricted to esa family relationships or is broader
- How many days the company provides
- Which days are paid and which are unpaid
- How employees should notify a manager or HR
- What evidence may reasonably be requested
- Whether additional discretionary leave can be approved
- How contractual days interact with esa entitlements
- How employee information and documents will be handled confidentially and
- Who employees should contact when they need assistance.
Employers should be particularly cautious about making a death certificate mandatory in every case.
Ontario’s statutory test is whether the evidence is reasonable in the circumstances, and the province itself identifies less burdensome alternatives.
Managers should also avoid telling employees that bereavement leave is limited to a funeral. Estate appointments and later memorial services can also fall within the permitted purposes.
Finally, policies should be reviewed whenever Ontario or federal employment standards change.
The federal changes introduced in December 2025 and Ontario’s long-term illness leave introduced in June 2025 are examples of why older workplace policies can quickly become incomplete.
Sample Bereavement Leave Request
An employee could write:
Hi [Manager’s Name],
I am writing to let you know that my [relationship] has passed away. I need to take bereavement leave on [date/date range] to [attend the funeral/deal with family arrangements/attend to estate matters].
Please let me know if you require reasonable supporting documentation or any additional information for the leave record. I currently expect to return to work on [date].
Thank you for your understanding.
[Employee Name]Written notice is useful for record-keeping, but Ontario’s ESA does not require bereavement notice to be written. Oral notice is sufficient.
Sample Employer Confirmation
An employer could respond:
Hi [Employee Name],
We are sorry to hear of your loss. This confirms that your bereavement leave for [date/date range] has been recorded.
Based on the information currently available, [state whether the leave is paid under company policy or unpaid statutory leave]. If any additional reasonable documentation is required, we will let you know.
Your expected return date is [date]. Please contact [manager/HR] if your circumstances change or if you need to discuss other available leave options.
Regards,
[Name/HR Department]
FAQs About Bereavement Leave in Ontario
How many bereavement days do you get in Ontario?
Most eligible employees covered by Ontario’s ESA receive up to two unpaid, job-protected bereavement days per calendar year after two consecutive weeks of employment.
Is Ontario bereavement leave two days per death?
No. The ESA provides a total of two statutory bereavement days per calendar year, not two days for each death.
Is bereavement leave paid in Ontario?
The ESA entitlement is unpaid. An employment contract, collective agreement or employer policy may provide paid bereavement leave.
Does Ontario bereavement leave cover grandparents?
Yes. Grandparents and step-grandparents of the employee or the employee’s spouse are included in the ESA family list.
Does bereavement leave cover aunts and uncles?
They are not automatically covered simply because they are an aunt or uncle. However, a relative who is dependent on the employee for care or assistance can qualify, so the circumstances may matter.
Can an employer ask for a death certificate in Ontario?
An employer may ask for evidence that is reasonable in the circumstances, but a death certificate is not mandatory in every case.
Ontario lists funeral-home notifications, obituaries, memorial programs and certain legal-office communications among possible alternatives.
Can an employer refuse bereavement leave?
An employer cannot lawfully deny statutory bereavement leave where the ESA requirements are met merely because the absence is inconvenient.
The employee must still satisfy the eligibility and qualifying-family requirements and may be required to provide reasonable evidence.
Do part-time employees get bereavement leave?
Yes. Eligible full-time and part-time employees receive the same two-day ESA entitlement. It is not pro-rated according to working hours.
Can bereavement leave be taken after the funeral?
Yes. Ontario says the leave may be taken at the time of death or later, including for a funeral, memorial service or estate matters.
What if I need more than two days?
Depending on the circumstances, an employee could use additional contractual bereavement leave, vacation or other agreed leave.
Separate ESA entitlements such as sick leave, long-term illness leave, family responsibility leave or child death leave may also apply where their own legal requirements are satisfied.
Do unused bereavement days carry over?
No. An employee cannot carry unused statutory bereavement days into the following calendar year.
Do federal employees in Ontario get only two days?
Not necessarily. Employees in federally regulated workplaces are governed by the Canada Labour Code rather than Ontario’s ESA for these employment standards.
The federal entitlement can be up to 10 bereavement days for an immediate-family death, while qualifying child deaths can now provide up to eight weeks.
