Canada Labour Code

Marginal note:Employee entitled

• 210 (1) Every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family, a leave of absence from employment of up to five days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that immediate family member occurs.

• Marginal note:Extension

  (1.1) At the request of the employee, the employer may extend, in writing, the period during which the leave of absence from employment may be taken.

• Marginal note:Division of leave

  (1.2) The leave of absence may be taken in one or two periods. The employer may require that any period of leave be of not less than one day’s duration.

• Marginal note:Notice to employer

  (1.3) Every employee who takes the leave of absence shall, as soon as possible, provide the employer with written notice of the beginning of any period of leave of absence and of the length of that leave.

• Marginal note:Bereavement leave with pay

  (2) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations

  • (a) defining the expression “immediate family” for the purposes of subsection (1);

  • (b) defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2); and

  • (c) for the purposes of this Division, defining the absences from employment that shall be deemed not to have interrupted continuity of employment.

• Marginal note:Application of section 189

  (4) Section 189 applies for the purposes of this Division.