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Child death leave is an unpaid, job-protected leave of absence. It provides up to 104 weeks with respect to the death of a child.

Before January 1, 2018, an employee whose child had died as a result of a crime or the probable result of a crime was entitled to be on crime-related child death or disappearance leave. If an employee was on a crime-related child death or disappearance leave before January 1, 2018, an employee in that situation would continue on the leave for a maximum period of 104 weeks.

Eligibility

Employees who have been employed by their employer for at least six consecutive months and who are covered by the Employment Standards Act, 2000 (ESA) are entitled to child death leave if a child of the employee dies.

An employee is not entitled to this leave if the child died as a result of a crime and the employee is charged with the crime, or if it is probable, considering the circumstances, that the child was a party to the crime.

“Child” means a child, step-child, child under the legal guardianship of the employee or foster child who is under 18 years of age.

Generally speaking, crime means an offence under the Criminal Code of Canada.

Federal income support grant

An employee who takes time away from work because of the crime-related death of their child may be eligible for the Federal Income Support for Parents of Murdered or Missing Children grant. For information about this grant, visit Service Canada’s website or contact them at 1-877-842-5601.

Time of a child death leave

A leave for the death of a child must be taken within the 105-week period that begins in the week the child died. The leave must be taken in a single period.

Sharing child death leave

The total amount of child death leave taken by one or more employees for the same death (or deaths that are the result of the same event) is 104 weeks.

The employees can take the leave at the same time or at different times. The sharing requirement applies whether or not the employees work for the same employer.

Notice requirements: Advance notice and a written plan

An employee must inform the employer in writing that they will be taking a child death leave and must provide the employer with a written plan that indicates the weeks in which they will take the leave.

If an employee has to begin such a leave before notifying the employer, they must inform the employer in writing and provide the employer with a written plan as soon as possible after beginning the leave.

An employee who does not give notice does not lose their right to the leave.

Change in employee’s plan

An employee may take a leave at a time other than that indicated in their original plan provided to their employer so long as the new dates meets the restrictions of the ESA and,

  1. the employee requests permission from the employer to do so in writing and the employer grants permission in writing,
    or
  2. the employee provides the employer with four weeks’ written notice before the change takes place.

Evidence

An employer may require an employee who takes a child death leave to provide reasonable evidence of the employee’s entitlement to the leave.

Rights during and at the end of child death leave

Employers do not have to pay wages when an employee is on a child death leave.

Employees who take child death leave are entitled to the same rights as employees who take pregnancy or parental leave. For example, an employer cannot threaten, fire or penalize in any other way an employee for taking, planning on taking, being eligible or being in a position to become eligible to take a child death leave. See “Rights during pregnancy and parental leaves.