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what is bereavement leave bereavement leave is unpaid job protected leave that is provided to employees upon the death of certain family members employment standards legislation tends to provide a minimum of two to three days of unpaid job protected bereavement leave with employment contracts oftentimes augmenting the arrangement afforded The Grieving employee special rules apply to certain occupations the employment standards legislation sets forth a specific circumstances when bereavement leave might be taken identifying the distance in family relationships under which bereavement leave must be provided by one's employer the breakdown in the Ontario employment standards act 2000 is as follows spouse including both married and unmarried couples of the same or opposite genders parent step parent foster parent child stepchild foster child grandparent step-grandparent grandchild or step-grandchild of the employee or the employee's spouse spouse of the employee's child brother or sister of the employee a relative of the employee who is dependent on the employee for care or assistance when bereavement leave is taken is left to determination of the employee bereavement leave can be taken following the family member's death or sometime later to attend a funeral or memorial service it could also be taken to attend to State matters Meanwhile we're an employee's Employment contract including a Collective Agreement provides a greater right or benefit than the bereavement leave standards set out in the applicable employment standards legislation than the terms of the employment contract apply instead of the legislation if the contract does not provide a greater right or benefit then the bereavement leave provided by the applicable employment standards legislation then the legislation controls brief and leave me at times arise along with other forms of unpaid job protected leave such as family responsibility leave sick leave family caregiver leave family medical leave domestic or sexual violence leave critical illness leave child death leave and crime-related child disappearance leave to ascertain how they interact including their length and eligibility criteria under such circumstances one must look to the legislation and any permanent contractual terms it is important that an employee notify their employer that they will be going on bereavement leave although there tends to be no prescribed form similarly providing supporting evidence for taking bereavement leave should be premised on a reasonableness standard it should be noted that certain professions may not take bereavement leave where it would constitute an act of professional misconduct or dereliction of professional Duty for example Healthcare practitioners thank you