In Ontario, employees are protected under the Employment Standards Act (ESA) when facing the devastating loss of a child. Child death leave is a job-protected, unpaid leave that allows eligible workers to take time off work to grieve without fear of losing their job.
This guide explains who qualifies, how much time can be taken, how to apply, and whether any financial support is available.
Child death leave is an unpaid, job-protected leave of up to 104 weeks (two years) under the ESA. It applies when an employee’s child dies, for any reason, and ensures their job is legally protected while they take time away from work.
You qualify for child death leave in Ontario if:
Employees can take up to 104 weeks (two years) of unpaid leave. This leave does not have to be taken all at once — it can be split into separate periods, but each must be at least one week long.
For more on related job-protected leaves, see our guide to Ontario bereavement leave
No, the leave itself is unpaid under the ESA. However, some employees may qualfiy for federal benefits through Employment Insurance (EI), such as EI benefits for parents of deceased children.
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