Bereavement Leave in Alberta

In Alberta, bereavement leave is a job-protected absence and is applicable after 90 days of continuous employment with the same employer. Employees are eligible for three days of leave per calendar year in case of an immediate or extended family member‘s death, including pregnancy loss. This leave is unpaid and the unused days cannot be accumulated for the next year. Employers cannot terminate employees for availing bereavement leave. Employees should provide notice as soon as possible after learning of the death. To understand the process of giving notice for bereavement leave, it would be beneficial to explore this topic further.

Key Takeaways

• In Alberta, employees are eligible for bereavement leave after 90 days of employment.
• Employees are entitled to three days of job-protected, unpaid bereavement leave per calendar year.
• The leave extends to immediate or extended family member death, as well as pregnancy loss.
• Employees are required to give notice before taking bereavement leave, with no medical certificate needed.
• Unused bereavement leave cannot be carried over to the next calendar year.

Understanding Bereavement Leave Basics

To fully grasp the fundamentals of bereavement leave in Alberta, it’s important to understand that after 90 days of employment with the same employer, an employee becomes eligible for three days of job-protected bereavement leave per calendar year without any risk of losing their job. An employer is legally required to guarantee this leave and make sure that the employee’s position is secure during their absence.

This bereavement leave is applicable in the event of the death of an immediate or extended family member, or in the unfortunate circumstance of pregnancy loss. The bereaved employee need not provide any medical certificate or proof to avail this leave. However, a prior notice to the employer about the leave is mandatory.

The law stipulates that these leave days cannot be carried forward to the subsequent year, so they must be used within the calendar year in which they are granted. Upon termination of employment, any unused bereavement leave days are not paid out. If an employee believes they have been improperly terminated for requesting or being on bereavement leave, they can file a complaint with Employment Standards.

Determining Employee Eligibility

While understanding the basics of bereavement leave is vital, it’s equally important to ascertain the eligibility criteria for such leave under Alberta’s employment laws. Generally, employees become eligible for bereavement leave after having been employed by the same employer for at least 90 days. Once eligible, the employee is entitled to three days of bereavement leave per calendar year without the risk of losing their job.

When an employee experiences the loss of a family member or suffers a pregnancy loss, bereavement leave comes into play. It’s important to note that the law does not obligate employers to grant bereavement leave to employees who have been with them for less than 90 days. However, many employers may still choose to do so out of compassion and understanding.

The leave is fundamentally job-protected, which means that the employer must provide the same or a comparable job to the employee upon their return. Notice must be given before taking bereavement leave, but no medical certificate is required. This leave is unpaid, and unused days cannot be carried over to the next calendar year.

Dealing With Family Member’s Death

Experiencing the death of a family member is a significant event, and Alberta’s bereavement leave provisions offer job-protected time off to employees dealing with this challenging circumstance. Bereavement leave in Alberta is designed to provide employees with the necessary time to grieve, handle family affairs, and adjust to their new life circumstances, without the added stress of job loss.

Bereavement leave is part of a broader set of provisions in the Alberta Employment Standards Code aimed at supporting employees during challenging personal circumstances. These provisions are designed to foster a supportive work environment, where employees can navigate personal challenges without fear of losing their livelihood.

UPDATE: Alberta Expands Bereavement and Reservist Leaves

In a significant development, the Alberta government has expanded the provisions for bereavement and reservist leaves under Bill 17, the Labor Statutes Amendment Act, 2022, offering increased support and flexibility to employees during challenging times.

The Act extends bereavement leave to employees who would have been parents, such as biological, adoptive, or surrogate parents, when a pregnancy ends other than in a live birth. To qualify, employees must have been with the same employer for at least 90 days. This adjustment guarantees employees have time to grieve while maintaining job security.

The Act also removes the 20-day limit on reservist leave for annual training. Reservists who have been with the same employer for at least 12 weeks can now take as much unpaid time as required for training activities.

In addition, the Labor Relations Code has been amended to allow post-secondary representatives to continue representing members in collective bargaining indefinitely, effective from July 1. These changes reflect a conscious effort to provide greater support and flexibility to employees facing challenging circumstances in Alberta.

Giving Notice for Bereavement Leave

When planning to utilize bereavement leave in Alberta, employees must provide their employer with prior notice. This is an essential step in the process, ensuring that both parties are aware of the impending absence and can plan accordingly.

The specific requirements for giving notice are not prescribed by law, but there are some general guidelines that employees should follow. The notice should be:

• Given as soon as reasonably possible after the employee learns of the death.
• In writing, if requested by the employer.
• Clear and concise, detailing the intended start and end dates of the leave.
• Accompanied by any additional information the employer may reasonably require.

Bereavement Leave for Pregnancy Loss

Recognizing the profound effect of pregnancy loss, Alberta’s bereavement leave laws now extend to those grappling with this distressing experience. Pregnancy loss is a deeply personal and often traumatic event, and the emotional toll can be significant. In response, Alberta has amended its Employment Standards Code to include bereavement leave for pregnancy loss.

Employees who have been with the same employer for at least 90 days are eligible for this leave. They are entitled to three days of unpaid leave, which can be utilized at any time within a calendar year. This leave is job-protected, meaning employees can take the time they need without fear of job loss.

The legislation is inclusive, recognizing various circumstances and reasons for pregnancy loss. No medical certificate is required; however, notice must be given before taking leave. This compassionate approach provides a much-needed reprieve for those dealing with the heartbreak of pregnancy loss.

Frequently Asked Questions

Can an Employer Deny a Bereavement Leave Request if the Deceased Is Not a Family Member?

In Alberta, the law allows bereavement leave for various family members, however, it does not explicitly cover non-family members. The decision to grant such leave may depend on the individual employer’s discretion or established policies.

If an Employee Has Used All Their Bereavement Leave for the Year and Experiences Another Loss, What Options Are Available to Them?

If an employee has exhausted their annual bereavement leave and experiences another loss, they may utilize other forms of leave, such as personal or vacation days, subject to the approval and policies of their employer.

How Does Bereavement Leave Interact With Other Types of Leave, Such as Sick Leave or Annual Leave?

In Alberta, bereavement leave is separate from other types of leave such as sick or annual leave. Employees can utilize these additional leave options if they have exhausted their bereavement leave for the year.

What Are the Potential Consequences if an Employer Does Not Comply With the Bereavement Leave Provisions in the Employment Standards Code?

Non-compliance with the bereavement leave provisions in the employment standards code could lead to legal repercussions for the employer, such as fines, penalties, and liability for wrongful dismissal or discrimination claims.

Are Part-Time or Contract Employees Eligible for Bereavement Leave Under Alberta Law?

Under Alberta law, part-time and contract employees are eligible for bereavement leave, provided they have completed 90 days of employment with the same employer. This leave is unpaid but job-protected.

Conclusion

To sum up, understanding the rights and responsibilities related to bereavement leave in Alberta is essential for employees and employers. It requires knowledge of eligibility, defining a family member, requesting leave, and job security. Importantly, laws have recently been expanded to include pregnancy loss.

If these rights are not respected, employees have options for recourse. Comprehension and adherence to these laws guarantee a supportive workplace during difficult personal times.

References

https://www.alberta.ca/bereavement-leave

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