Canada Labour Code

Marginal note:Employee entitled

• 210 (1) Except when subsection (1.01) applies, every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family or a family member in respect of whom the employee is, at the time of the death, on leave under section 206.3 or 206.4, a leave of absence from employment of up to 10 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 deceased person occurs.

• Marginal note:Employee entitled — child

  (1.01) Every employee is entitled to and shall be granted, in the event of the death of a child of the employee or the death of a child of their spouse or common-law partner, a leave of absence from employment of up to eight weeks that may be taken during the period that begins on the day on which the death occurs and ends 12 weeks after the latest of the days on which any funeral, burial or memorial service of the child occurs.

• Marginal note:Definition of child

  (1.02) In subsection (1.01), child means

  • (a) a person who is under 18 years of age; or

  • (b) a person in respect of whom the employee or their spouse or common-law partner, as the case may be, is entitled to the Canada caregiver credit under paragraph 118(1)(d) of the Income Tax Act.

• 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 a notice in writing of the beginning of any period of leave of absence, the reasons for the leave and the length of the leave that they intend to take.

• Marginal note:Notice — change in length of leave

  (1.4) Every employee who is on the leave of absence shall, as soon as possible, provide the employer with a notice in writing of any change in the length of the leave that they intend to take.

• Marginal note:Notice — leave of more than four weeks

  (1.5) If the length of the leave of absence is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.

• Marginal note:Return to work postponed

  (1.6) If an employee who takes the leave of absence for more than four weeks wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.

• Marginal note:Deemed part of leave

  (1.7) The period of the postponement is deemed to be part of the 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.

• (3) [Repealed, 2024, c. 15, s. 201]

• Marginal note:Application of section 189

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