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Part III of the Canada Labour Code (Labour
Standards)
The Canada Labour Code provides for bereavement leave in
Division VIII of Part III.
The following questions and answers will be of interest to
employers and employees under federal jurisdiction. Pamphlet 1 of
this series describes the types of businesses covered by the Code.
It is available from any Labour Program office of Human Resources
Development Canada and on the HRDC website.
1. What is the bereavement leave entitlement
under the Code?
When a member of an employee's immediate family dies, the
employee is entitled to leave on any normal working day that falls
within the three-day period immediately following the day the death
occurred.
2. Who is entitled to bereavement leave?
All employees without exception.
3. Is an employee entitled to be paid for
bereavement leave?
Yes, provided the employee has been continuously employed for
three consecutive months when the leave begins. Employees without
the necessary continuous employment are entitled to leave without
pay.
4. What is the maximum number of leave days
under this provision?
Three days.
5. Is bereavement leave additional to regular
days off?
No. Bereavement leave covers only scheduled working days. For
example, if a member of an employee's immediate family dies on a
Friday, and the employee's regular days off were Saturday and
Sunday, bereavement leave would only apply to the Monday.
Similarly, if the death occurred during an employee's vacation,
bereavement leave would not apply.
6. Who is included in the "immediate
family"?
The employee's spouse or common-law partner; the employee's
father and mother and the spouse or common-law partner of the father
or mother; the employee's child(ren) and the child(ren) of the
employee's spouse or common-law partner; the employee's
grandchild(ren); the employee's brothers and sisters; the
grandfather and grandmother of the employee; the father and mother
of the spouse or common-law partner of the employee and the spouse
or common-law partner of the father or mother; and any relative of
the employee who resides permanently with the employee or with whom
the employee permanently resides.
"Common-law partner" means a person who has been
cohabiting with an individual in a conjugal relationship for at
least one year, or who had been so cohabiting with the individual
for at least one year immediately before the individual's death.
7. Are there cases where the bereavement leave
provisions of a collective agreement apply exclusively?
Yes. The bereavement leave provisions of the Code do not
apply to employers and employees who are parties to a collective
agreement that provides rights and benefits at least as favourable
as those in the Code and where there is provision for third
party settlement. The settlement of disagreements relating to
bereavement leave issues is governed exclusively by the collective
agreement.
For information only. For interpretation and application
purposes, please refer to Part III of the Canada Labour Code
(Labour Standards), the Canada Labour Standards Regulations
and relevant amendments.
Additional copies of this publication can be obtained
from:
Public Enquiries Centre
Human Resources Development Canada
140 Promenade du Portage, Phase IV, Level 0
Gatineau, Quebec
K1A 0J9
Fax (819) 953-7260
www.hrdc-drhc.gc.ca
�Her Majesty the Queen in Right of Canada, 2002
Cat. No. MP43-345/6-2002
ISBN 0-662-66794-8
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