General Questions

How long can employees be off on bereavement leave?

Although the Province of Alberta does not legislate specific bereavement leave under The Employment Standards Code, most jurisdictions and workplaces allows employees to take up to 3 days as bereavement leave to deal with the death of a family member as unpaid bereavement leave. In jurisdictions without this legislated bereavement leave, the decision to grant time off or not is left to the employer. AMS is following the standard bereavement time of 3 days of which the first 2 days are with pay.

 

Does bereavement leave need to be taken as consecutive days?

No. Bereavement leave time does not need to be consecutive days and AMS acknowledges that the the days taken for bereavement may vary depending on each employee's unique situation.

 

Who can take bereavement leave?

All employees without exception.

 

Are employees required to be paid while on bereavement leave?

No, the legislation only requires an employer to provide time off and allow an employee to return to their job when the leave has ended. Employers are not required to pay wages during the leave. Employers can at their own discretion, give greater benefits than those provided for in the legislation.

 

Is an employee entitled to be paid for bereavement leave?

Yes, provided the employee has been continuously employed for at least 30 consecutive days. Employees who have been employed for less then 30 consecutive days are still entitled to take bereavement leave as unpaid leave.

 

Can an employee continue to work and be paid for bereavement leave at the same time?

No. Bereavement leave is a benefit that should not be seen a method to incur additional paid wages; it is time provided to the employee to take time away from work to help mourn the death of relatives or close friends without fear of job loss.

 

Must an employee take bereavement leave?

No. AMS acknowledges that each employee is unique and may not desire to take bereavement leave. However management does reserve the right to request that the employee take time for bereavement if it is determined that the employee showing signs of (but not limited to):

• Making poor decisions / impaired decision-making
• Inability to concentrate
• Lack of motivation, decreased productivity
• Supervised or supervising ineffectively
• Confusion, memory lapses
• Anxiety, crying or other emotional responses
• Social withdrawal
• High absenteeism or injury rate
• Compromising workplace safety

AMS also realizes that employees may still be in shock and unable to acknowledge the reality of their situation. Grieving is a process that may take weeks, months or even years. If management determines that additional bereavement time is required for the employee, it is at AMS's discretion if any additional time that extends over the first 2 days will be taken as paid or unpaid leave.

 

Who are considered family members?

Family is defined very broadly for Employment Standards’ purposes.

• Spouse or common-law partner
• Parents or guardians of the employee and his or her spouse or common-law partner
• In-laws of the employee and his or her spouse or common-law partner
• Siblings
• Children
• Grandparents and grandchildren of the employee and his or her spouse or common-law partner
• Children of the employee's spouse or common-law partner
• And, anyone who lives with the employee as a member of his or her family

"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. The definition of the "family member" also includes those who are not related, but whom the employee considers to be like a close relative. In these situations, it is up to AMS's discretion in the final determination if those who are not related shall be treated as a close relative.

 

What must employees who take bereavement leave tell their employer?

Employees must tell their employer, as soon as possible, which days they will need off. Employers can request reasonable verification that the leave is needed.

 

What is reasonable verification?

Employers can request reasonable verification of the need for the leave. Reasonable verification for bereavement leave might be an obituary from a local newspaper or medical death certificate.

 

Can employees take part of a day as bereavement leave?

When an employee takes part of a day for bereavement leave, the employer may count that as a full day of the leave. Employers do not have to accommodate an employee taking the leave in part days, as long as they allow the employee to take the leave.

 

Can employees be fired or laid off because they take bereavement leave?

No. Employers cannot terminate or lay off employees because they have taken or are planning to take a leave.

 

What happens when the leave ends?

Employees must be allowed to return to their job, or a comparable job with the same or greater benefits and pay, when they return from leave. Employers may not discriminate or attempt to punish employees for taking a leave.

 

What happens to the employment history and benefits while an employee is on leave?

While employees are on paid/unpaid leave the employment is deemed to be continuous. When employees return from the leave they are still entitled to any benefits they had before the leave, and their years of service include the time away on the leave.

 

Is bereavement leave an annual entitlement?

The entitlement to bereavement leave is not an annual entitlement. If an employee suffers more than one death in the family in one year, the employee would be entitled to bereavement leave for each of those deaths.

 

Is bereavement leave combined in the event of multiple deaths?

The entitlement to bereavement leave is not combined in the event of multiple deaths. If an employee suffers more than one death in the family in a single incident, the employee would be entitled to bereavement leave for each of those deaths as if they occurred separately.

 

Is bereavement leave additional to regular scheduled days off or preplanned vacation days?

No. Bereavement leave covers only scheduled working days. If the death occurred during an employee's vacation, bereavement leave would not apply.

 

Can other employees donate their vacation time to another employee for bereavement leave?

In most cases, yes. Employees must inform AMS management, as soon as possible, if they intend to use a portion of their vacation days as a donation to another co-worker. It is at the discretion of AMS management to accept this donation or not. Management will verify that the employee donating the vacation days has adequate vacation time to donate along with enough remaining available vacation days for the donating employee's personal use.