The loss of a loved one often involves several tasks to complete within a relatively short period. In addition to organizing funeral services, certain work-related questions also arise:
- How many days of leave can you take?
- Are these days paid?
- When do you need to notify your employer?
In Québec, the Act respecting Labour Standards provides for specific leave in the event of the death or funeral of a family member. Here are the main rules to know to better organize this period.
The leave provided by law varies depending on the relationship with the deceased person.What leave is provided after the death of a loved one?
The length of the leave mainly depends on the relationship between the employee and the deceased person. These provisions are the minimum standards applicable to workers covered by the Act respecting Labour Standards.
To check a specific situation, the CNESST outlines the leave provided in the event of a death or funeral.
Five days of leave, two of which are paid
An employee may take up to five days off when the death concerns:
- Their spouse,
- Their child,
- Their spouse's child,
- A parent,
- A brother or sister.
Two of these days are paid. The other three are unpaid. The right to this leave applies regardless of seniority or employment status. It applies in particular to full-time, part-time, temporary, or casual employment.
These days can be used, among other things, to attend the funeral, carry out certain tasks, or take part in the preparations.
One unpaid day for certain other relatives
The law also provides for one day of unpaid leave in the event of the death or funeral of certain members of the extended family. This provision applies in particular to grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, sons-in-law, and daughters-in-law.
For another family or personal relationship not covered by the law, an agreement may still be reached directly with the employer.
When should you notify your employer?
When a death occurs, you must notify your employer as soon as possible. The CNESST specifies that the employee must notify them promptly when wishing to use this leave.
These days must be taken during the period between the death and the funeral. During this leave, the employee's job remains protected.
Also check the conditions specific to your employment
The law sets out minimum standards. A collective agreement, employment contract, or internal policy may provide for more favourable conditions.
In some cases, this falls under a different legal framework, namely the Canada Labour Code. It is therefore important to check the rules applicable to your employment before planning your leave.
Do certain situations allow for a longer leave?
The leave associated with death and funerals covers the most common situations. However, the Act respecting Labour Standards provides for much longer leave when the circumstances of the death are particularly serious.
The death of a minor child
When a minor child dies, the parent may be entitled to unpaid leave of up to 104 weeks. This period is intended to protect job security during a situation that often requires an extended absence from work.
The applicable terms may vary depending on the situation. It is therefore recommended to check directly with the CNESST for the conditions to meet and the steps required to benefit from this leave.
Certain special circumstances are also provided for
Leave of up to 104 weeks may also apply in certain situations related to the suicide of a spouse, parent, or adult child. The same applies when the death of a spouse or adult child results from a criminal act.
This leave should not be confused with the few days granted for a death or funeral. It applies to specific circumstances and is governed by particular conditions. The CNESST remains the reference for confirming the rights applicable to each situation.
What steps should be planned alongside the leave?
This leave also provides time to organize the initial steps related to the death. Several formalities may arise quickly, without the need to handle everything alone.
The Québec government offers a checklist of steps to take after the death of a loved one. It covers topics such as funeral arrangements, declaring the death, official documents, and the estate.
At Services Funéraires Azur, you can review the steps and procedures to follow when a death occurs to better understand the care of the deceased and the related formalities.
Our funeral and support services can also help simplify several administrative tasks during this period.
Funeral pre-arrangements make it possible to specify certain wishes in advance and reduce the number of decisions loved ones will need to make at the time of death.
Compassionate funeral support at every step
When a death has just occurred, Services Funéraires Azur can guide you through the funeral process and clearly explain the next steps, anywhere in Québec.
Have a question? Services Funéraires Azur is available 24 hours a day at 1-855-491-2121, and you can reach us anywhere in Québec, with no pressure or obligation.
