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The short answer
Under Ontario's Employment Standards Act, an employee with at least two consecutive weeks of service can take up to two days of unpaid, job-protected bereavement leave each calendar year when a listed close relative dies. The guide does not limit it to deaths in Canada. Many employers offer more, paid days or longer leave, through contracts or policies, and those terms apply where they are better than the Act.
What the ESA gives you
The Ontario government's guide to the Employment Standards Act (updated 5 February 2026) sets out the basic entitlement:
- Length
- Up to two days in each calendar year.
- Pay
- Unpaid under the Act. Your contract or a collective agreement may make some or all of it paid.
- Who qualifies
- Employees who have worked for the employer for at least two consecutive weeks.
- Timing
- The days do not have to be taken together. Unused days do not carry over to the next year and are not prorated.
- Protection
- The leave is job-protected.
The two days are per calendar year, not per death. If two relatives die in the same year, the Act alone does not give you four days.
Which relatives count
The guide lists the following. Most extended family relationships common in Nigerian households are not on it by relationship alone.
- your spouse, married or not;
- a parent, step-parent or foster parent of you or your spouse;
- a child, step-child or foster child of you or your spouse;
- a grandparent, step-grandparent, grandchild or step-grandchild of you or your spouse;
- the spouse of your child;
- your brother or sister; and
- any relative who depends on you for care or assistance.
An uncle, aunt or cousin is not listed, but the last category may apply if that person depended on you. For example, an aunt in Enugu whose rent and medication you have paid for years could arguably be a relative who depends on you for assistance. That is a question of facts, so explain the situation to your employer.
Proof when the death was in Nigeria
Your employer may ask for evidence that is reasonable in the circumstances. The guide gives examples including a death certificate, a funeral home notice, a published obituary or a memorial service programme, and says the request should take account of cost and the nature of the leave. A Nigerian death certificate can take time, so an obituary poster, a church announcement or the printed order of service is often what families have first. Keep a photo of whatever you have.
Part days, travel and longer absences
You can take part of a day, but the employer may count it as a full day towards the two-day limit. Hours you work that day must still be paid.
A trip to Nigeria for a burial usually needs far more than two days. Options to raise with your employer:
- Your employer's own bereavement policy. Many give paid days, more days, or cover for wider family. Where the contract gives a greater benefit, the guide says its terms apply; a paid day under the contract also counts against the two ESA days.
- Vacation. Ask to use vacation days around the funeral date.
- Unpaid leave by agreement. Beyond the Act, your employer can agree further unpaid time.
- Other ESA leaves. The ESA guide has separate chapters on family responsibility, family caregiver and family medical leave, which have their own conditions; read them if a relative is seriously ill rather than deceased.
If you are caring for a dying parent in Nigeria, see EI compassionate care benefits for a parent in Nigeria.
A worked example of planning the time off
Example only. Ada works full time in Mississauga and has been with her employer for three years. Her father dies in Enugu on a Tuesday, and the family sets the burial for five weeks later, on a Saturday. Her employer's handbook gives three paid bereavement days for a parent.
- The three paid policy days cover the Thursday, Friday and Monday around the burial. Because a paid contractual day counts against the ESA entitlement, her two ESA days are used up inside those three.
- She books seven vacation days for the rest of the trip.
- She agrees two further unpaid days in writing for the return journey.
- Total time away: 12 working days, of which 10 are paid.
Had she taken a half day to sort documents in the first week, her employer could have counted it as one of the ESA days. Planning the dates before asking makes the conversation easier.
If the person who died is your child
Ontario has a separate entitlement when an employee's child dies. A summary by the employment law firm Samfiru Tumarkin describes child death leave as a separate leave of up to 104 weeks, distinct from the two bereavement days. It also notes that unionised employees usually raise disputes about bereavement and attendance through their union's grievance process. Read the ESA guide's chapter on child death leave for the conditions.
What to check first
- Read your contract or handbook for a bereavement clause.
- Tell your manager as early as you can, in writing, with the relationship and the dates.
- Offer the evidence you have, and say what you can supply later.
- If you need longer, propose a mix: ESA days, paid policy days, vacation, unpaid time.
- Keep copies of your request and the reply.
Where Pryme fits
Leave sorts the time; the money still has to move. If you are contributing to the burial, our guide to sharing burial costs from Canada covers budgets and records, and a Pryme Personal account lets you hold naira and send to family in Nigeria once you have checked the rate and fee.
Questions people ask
Is bereavement leave paid in Ontario?
Not under the Employment Standards Act, which gives up to two unpaid days a year. Your contract or a collective agreement may make it paid.
Does bereavement leave apply if my mother died in Nigeria?
The ESA guide does not restrict the leave by where the death happened. A parent is a listed relative, so the two days apply if you have two consecutive weeks of service.
Can my employer ask for a death certificate from Nigeria?
They can ask for evidence that is reasonable in the circumstances. The guide gives examples beyond a death certificate, such as a funeral notice, obituary or memorial programme.
Does my uncle's death qualify for bereavement leave in Ontario?
Uncles are not listed by relationship, but a relative who depends on you for care or assistance is. Explain the circumstances to your employer and check its own policy.
Sources
- Government of Ontario: Your guide to the Employment Standards Act, bereavement leave (updated 5 Feb 2026) · accessed Oct 2026
- Samfiru Tumarkin LLP: Bereavement leave in Ontario · accessed Oct 2026
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