Bereavement Leave - Act Part 6, Section 53
Last updated on April 1, 2021Contents:
Summary
Text of Legislation
Policy Interpretation
Related Information
Summary
This section explains when an employee qualifies for bereavement leave and the length of the leave.
Text of Legislation
53. An employee is entitled to up to 3 days of unpaid leave on the death of a member of the employee's immediate family.
Policy Interpretation
An employee is entitled to an unpaid leave of absence of up to 3 days to grieve, attend a funeral, and take care of issues relating to the death of a member of their “immediate family”.
“Immediate family”
Under s.1 of the Act “immediate family” means the spouse, child, parent, guardian, sibling, grandchild or grandparent of an employee, and any person who lives with an employee as a member of the employee’s family. It includes common-law spouses, step-parents, and step-children, and same sex partners and their children as long as they live with the employee as a member of the employee’s family
Duration of leave
Days of unpaid leave do not have to be consecutive and there is no requirement for payment unless agreed to by the employer and the employee. An employee may choose to take less than 3 days’ leave. In the event of a dispute, it would be reasonable for an employer to request that an employee provide proof of death and the nature of the relationship.
Terms and conditions of employment protected
Section 54 provides that an employer cannot terminate an employee or change a condition of employment without the employee's written consent as a result of a leave under this Part. See also section 56 for an explanation of the effects of leave under this Part on employment and benefit payments. If the employer's business operations have been suspended or discontinued at the time the employee's leave ends, the employer must comply with s.54(2) when operations resume
In the event of a contravention under this Part of the Act, the director may order a remedy in a determination under s.79(2). The determination will include an escalating monetary penalty, subject to s.98.
Employees covered by a collective agreement
Where there is a collective agreement, disputes respecting the application, interpretation or operation of Part 6 must be resolved through the grievance procedure, not through the enforcement provisions of the Act.
Related Information
Related sections of the Act or Regulation
ESA