Notice of Bereavement Leave

This letter serves the purpose of giving an employer notice that the employee is taking a personal leave of absence, specifically, bereavement leave.

The term bereavement is used across most Provinces and Territories and it means taking a leave of absence due to the death of a family member. The definition Family Member is defined in the law to mean close family members, including:

(1) Parents or step-parents, spouse, children, or siblings of the employee;

(2) Spouse's parents or children;

(3) Children-in-law, grandchildren, grandparents;

(4) Dependents of the employee.

Bereavement leave is a statutory leave under Provincial employment law, which is present in most Provinces.

For example, in Ontario, the Employment Standards Act, 2000, SO 2000, c 41 creates this leave as an employee's minimum right. This means that the employee is entitled to take a personal leave based on the number of days the law permits, and they are entitled to maintain their job security and keep the same pay. The number of days an employee is entitled to take depends on the Province, but it varies between two and ten days.

If an employer has a policy in place allowing more than the legal minimum, employees may use this greater number of days.

Employers may ask for proof of entitlement. This may include, for example, a public obituary.

Each Provincial statute will also have its own requirements for taking a leave. Certain statutes will require employees to have worked for the employer at least 14 days prior to being able to submit a notice of leave.

HOW TO USE THIS DOCUMENT

This document is meant to be given from the employee to the employer. This puts the employer on notice that the employee is exercising their right under the law to take a personal leave of absence.

The letter can be sent by mail or email in PDF format.

• If the employee has an opportunity to plan for their leave of absence, this letter should be sent to the employer in advance of the actual commencement date of their leave;

• If there's an emergency and the employee can't plan their leave of absence, employee's can still send this letter by email or by mail even after they started their leave of absence.

Employees should keep a copy of this letter for their records.

APPLICABLE LAW

Employment law legislation is governed by each Province and Territory. For federal employees, the Canada Labour Code (R.S.C., 1985, c. L-2) applies. These laws establish the minimum requirements for a personal leave of absence that employers must afford to their employees.

HOW TO MODIFY THE TEMPLATE

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.