Archived - Discussion Paper on the Review of Labour Standards in the Canada Labour Code

Archived Content

Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, please contact us to request an alternate format.

II. Supporting Working Families

7. Bereavement Leave

Commission Recommendations:
  • The duration of bereavement leave should be increased from three to seven days.
  • Employees who meet the current three-month length of service requirement should be entitled to pay during the leave for the first three regular working days that occur during the leave period. The balance of the leave would be unpaid.
  • Employees should be entitled to start bereavement leave on any day, provided that the leave accommodates the day of death or the funeral. Employees should also have the discretion to postpone some part of bereavement leave, for the purpose of organizing or attending a funeral at a later date. (R. 7.51)

Employees may currently take bereavement leave on the three calendar days immediately following the death of an immediate family member. If any of those days is a regular working day for the employee, it is a paid day off, provided that the employee has completed at least three consecutive months of continuous service with the employer.

One view is that the current duration of bereavement leave is insufficient. For instance, the maximum three-day period may not take into account the needs of employees who have to travel to another region of Canada—or even overseas—in order to attend a funeral service. Moreover, bereavement leave may not be long enough to allow employees to participate in rites associated with certain religions, cultures or communities. Some also criticize the scheduling rules for bereavement leave, as the requirement to take it within the first three calendar days does not allow employees to attend a funeral or other memorial service that is scheduled after that time. For all of these reasons, the Commission recommended that bereavement leave be extended and made more flexible in terms of scheduling.

On the other hand, providing employees with four additional unpaid days of bereavement leave may be perceived as a substantial increase in leave entitlements, particularly if this is combined with more flexibility for employees to take the existing three days.

In addition, the proposed seven-day period of leave is longer than that accorded in most Canadian jurisdictions. In one province and one territory, there is no right to bereavement leave at all. Eight provinces provide for bereavement leave of three to five days (moreover, in three of those provinces, only one day of leave may be taken for more distant relatives). At the other end of the spectrum, however, Yukon provides employees with up to one week of bereavement leave. In Ontario, eligible employees may take up to 10 days of personal emergency leave per year, which can be used for bereavement leave as well as other purposes.

Moreover, leave is unpaid in most other jurisdictions, with the exception of Newfoundland and Labrador and Quebec (which each provide for up to one paid day). Part III of the Canada Labour Code already provides for up to three paid days.

Increasing the duration of bereavement leave may not be necessary in some cases. For example, many employees do not have to travel long distances in order to attend a funeral or other memorial service. Some might believe that any additional bereavement leave should therefore be restricted to certain types of circumstances. Indeed, legislation which took effect in April 2008 in the Northwest Territories provides an employee with the right to three unpaid days of bereavement leave, unless the funeral or memorial service takes place outside the community where the employee resides, in which case the employee may take up to seven unpaid days.

For discussion:
  • Would it be appropriate to provide additional bereavement leave to employees? If so, how many additional unpaid days should be provided?
  • Should additional unpaid days of bereavement leave be provided to employees only under certain circumstances (such as cases involving travel to other countries), or is it better if all employees are accorded the same duration of leave?
  • Should employees be provided with increased flexibility in terms of scheduling leave, so long as the leave includes the date of the death, funeral or memorial service? Should employees be allowed to divide up leave, or should it have to be taken in a single period?

8. Leave for Family Victims of Crime

Legislation which took effect in Quebec in December 2007 provides employees with the right to a leave of absence if they are injured, or a family member is injured or killed, as a result of a criminal offence. It also provides a right to leave in cases of child abduction or the suicide of a child or spouse. This type of legislation is the first of its kind in Canada. The Quebec Minister of Labour, David Whissell, has estimated that as many as 5,000 workers per year will be eligible to take leave under the new provisions.[24] The legislation received widespread support.

Although this legislation was enacted after the Commission submitted its final report, it makes sense to examine it along with other possible changes to leave of absence provisions.

There is no doubt that many employers would provide some time off for an employee who has been the victim of a violent crime, or whose child has been murdered. Nevertheless, it is possible that there are some employers who would refuse to do so. Enshrining the right to some time off in these types of situations might, in fact, be necessary. If so, the key question is how much time off should have to be provided to employees by law and under what circumstances. Victims of violence may not only suffer physical injuries, but also psychological trauma that lingers long after the event.

Most U.S. states have enacted legislation to provide some protection to victims of crime, particularly those who face domestic violence or sexual assault. Although provisions contained in each state law can vary to a great extent, they generally permit victims of crime to take time off work to attend court proceedings, at least when subpoenaed to testify. Some such as California, Colorado, Connecticut, Florida, Hawaii, Kansas, Illinois, Maine, North Carolina and Oregon provide additional leave to receive medical treatment and obtain services to remedy a crisis caused by the violence.

The Quebec legislation provides for long-term unpaid leave. It requires employers to grant up to two years of unpaid leave to an employee whose spouse or child is killed, or whose minor child is seriously injured, as a result of a criminal offence. An employee is also entitled to take up to one year of unpaid leave if his or her minor child disappears (e.g., is abducted), or where a spouse or child commits suicide. Finally, an employee can take up to two years of unpaid leave if he or she is unable to work because of serious injuries suffered as a result of a criminal offence. During a period of leave, the employee may return to work intermittently or on a part-time basis, if the employer agrees.

In order to qualify for leave, the employee must have completed at least three months of uninterrupted service with the employer. However, the right to leave does not apply where it may be inferred from the circumstances that the employee or the victim in question was probably a party to the criminal offence or, through gross fault, contributed to the injury.

For discussion:
  • Is it necessary to enshrine in legislation that employees should be given time off in the event that they or a family member is a victim of violent crime? If so, how much leave should be provided and under what circumstances? Should the right to leave also apply to a case where a spouse or child commits suicide, as it does in Quebec?
  • Should employees have the right to work on a part-time or intermittent basis during a period of leave?
  • Should employees have to complete a minimum length of service in order to be entitled to leave? Are there any reasons to disqualify an employee from the right to leave, such as contributing to the injuries suffered by the family member?

[24] “Un congé sans solde pour les victimes de drames,” Le Devoir, November 28, 2007.

Footer

Date Modified:
2012-02-15