Practical Analysis

Canadian Leave Requests: HR Has to Identify the Leave Before Approving the Days

Bereavement, compassionate care, family responsibility, maternity and parental leave are not interchangeable. National employers need to identify the leave, province and benefit program first.

When an employee asks for time off because someone in their family is ill, HR can be tempted to begin by asking how many days are available. The better question is what the employee needs the time for. Taking a parent to an appointment, providing care to someone at significant risk of dying, recovering from childbirth, attending a funeral and caring for a new child can each engage a different employment standard. The relationship may be close, but the legal entitlement isn't necessarily the same. Bereavement leave isn't one uniform number across Canada. Alberta generally gives eligible employees up to 3 unpaid days per calendar year following a family member's death or pregnancy loss, with eligibility after 90 days of employment. The province's definition of family is broad and includes some relationships that employees consider family even without a conventional blood relationship. British Columbia provides its own bereavement leave rules under its Employment Standards Act, and federally regulated employees have separate provisions that may include paid and unpaid elements.

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