Bereavement Leave in BC: An Employer’s Guide

Losing a close family member is a traumatic experience for anyone. When an employee is grieving such a loss, it is important that employers treat them with compassion and care. The BC Employment Standards Act (ESA) provides a leave provision for employees in mourning, called the Bereavement Leave.  

What is bereavement leave in BC?

Bereavement leave is a job-protected, unpaid three-day leave of absence available to employees on the passing away of an immediate family member.

Employees are entitled to use this leave to mourn, arrange or attend the funeral, and take care of any formalities or matters relating to the death. They do not need to take the three days off consecutively.

Employers should note that employees are entitled to three days per loss and not just three calendar days.

Bereavement leave in BC is job protected, which means the employee must still have their job or a comparable position upon returning to work from the leave.

Bereavement leave: ESA provisions at a glance

Employee eligibility for BC bereavement leave

All employees in provincially regulated workplaces in BC are eligible to take bereavement leave when they need to. There is no minimum length of service required to qualify for this leave.

Bereavement leave is unpaid

Under the BC ESA, bereavement leave is an unpaid leave. But employers are free to offer employees paid leave or additional time off through employment contracts or company policies. Paid leave can help reduce your employee’s stress about losing wages while they are grieving.

Family members covered under bereavement leave

The ESA defines “immediate family” covered under bereavement leave as:

• the spouse or common-law partner
• child
• parent
• guardian
• sibling
• grandchild
• grandparent

Any person who lives with an employee as a member of their family is also considered immediate family. This includes:

• Step parents and stepchildren
• Same sex partners and their children

Asking for proof for availing bereavement leave

Employers are legally permitted to request for proof of death and nature of the employee’s relationship with the deceased. But they must make such a request sensitively. Reasonable proof can include a death certificate, copy of the published obituary or the funeral service program.

Creating your bereavement leave policy

Employers should create a written bereavement leave policy and include it in their employee handbook. Creating a bereavement leave policy is a good way to provide clarity to employees on their entitlements during the leave, especially if you are offering more benefits than the ESA minimums.  

Here’s what your policy should cover:

Duration of the leave

If you are providing your staff more than the ESA-mandated three days, mention the number of days available to them in your policy. Please note that you cannot provide fewer days than the minimum entitlement established in the employment standards.

Whether the leave is paid

If you offer paid bereavement leave, include that in your policy.

Who would be considered immediate family

If in addition to the definition of immediate family in the ESA, you are allowing employees to take bereavement leave when a pet, extended family member or a close friend passes away, state that in your policy.

Notice requirements

As with any leave of absence, your employees will need to formally inform you when they take the leave. Request reasonable notice and allow employees to take time off when they need to and inform you as soon as possible.

Whether you’d require proof of entitlement

If you'll eventually need a death certificate, a published obituary, or a funeral program to serve as proof that an employee qualified for bereavement leave, state that in your policy.

Do you have a bereavement leave policy in place?

Setting employee entitlements during bereavement leave in a clear policy will help you support your staff during a difficult time and be ESA compliant.

If you need professional HR guidance for developing a bereavement leave policy or support with any other HR policy or matter, our experts can help. Call (1) 833-247-3652 to speak with a Peninsula expert and get free guidance on employee issues.