Pregnancy‑loss and Bereavement Leave Rules

Summary#

This is a proposed set of regulatory changes to support new leaves added to Part III of the Canada Labour Code. The rules would create a paid and unpaid leave for some pregnancy losses, expand bereavement leave when a child dies, and add a new leave for parents who get a child through adoption or surrogacy. The proposal is being put forward by Employment and Social Development Canada and is not law yet.

What it does#

• Adds a new “leave related to pregnancy loss” for employees who:
  • experience a pregnancy that does not result in a live birth, or
  • are the spouse/common‑law partner of someone who had such a loss, or
  • intended to be the legal parent of a child (for example, via surrogacy).
  • If the pregnancy ends in a stillbirth (after 20 weeks or 500 g), the leave can be up to 8 weeks; otherwise up to 3 days. The first 3 days are paid if the employee has at least 3 months of continuous employment with the same employer.
• Expands bereavement leave so employees can take up to 8 weeks after the death of their child (or the child of their spouse/common‑law partner). It also adds the usual job‑protection features of long leaves: notice of job opportunities while on leave, returning to the same or a similar job, retention of benefits, and protection from being penalized for taking the leave.
• Creates a new “leave for placement of child” of up to 16 weeks for employees who become parents through adoption or surrogacy. This aligns the workplace leave with a related Employment Insurance benefit (the EI benefit is 15 weeks, so the leave covers that plus a one‑week waiting period).
• Amends three sets of regulations to make the above work in practice:
  • Canada Labour Standards Regulations (CLSR) — clarifies how to calculate pay while on new leaves, requires employers to keep records of pay and of changes to bereavement leave, treats multi‑employer workers as continuously employed for eligibility, and updates notice requirements.
  • Standards for Work‑Integrated Learning Activities Regulations (SWILAR) — gives student interns access to pregnancy‑loss leave (unpaid) and some bereavement protections (also unpaid).
  • Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPR) — adds specific violations so the Labour Program can issue penalties if employers deny the new leaves or associated rights or pay.
• Miscellaneous wording updates (for example, changing “medical certificate” to “certificate from a health care practitioner”) and repeal of an outdated posting requirement about sexual harassment policies.
• Planned timing: the Code amendments are set to come into force on the 540th day after royal assent — which the department projects as December 12, 2025 — and the regulations are planned to come into force the same day; the placement‑of‑child leave is projected to come into force in 2026 in coordination with EI changes.

Who's affected#

• Employees working in federally regulated sectors covered by Part III of the Canada Labour Code — about 1,020,000 workers (roughly 6% of Canada’s workforce) and about 19,150 employers. These industries include rail, shipping, trucking, airlines, ports, telecommunications, banks, and some federally declared industries and First Nations band councils.
• Workers in multi‑employer arrangements (notably casual longshoring staff). The analysis estimates about 4,882 casual longshoring employees in scope and that roughly 1,296 longshoring workers would receive paid pregnancy‑loss leave over a 10‑year period.
• Student interns covered by the SWILAR (a small group) — they would get unpaid pregnancy‑loss leave and some bereavement protections.
• Employers and payroll/HR staff — they must update posted notices, keep additional records, and apply wage formulas for these leaves.
• The Labour Program of Employment and Social Development Canada — for communications, training and enforcement work.

Why it matters#

• For workers: it creates formal job protection and, in many cases, pay when people need time after a pregnancy loss, after the death of a child, or when a child is placed with them through adoption or surrogacy. That can reduce financial pressure and make it easier to take time to recover and bond.
• For student interns and some multi‑employer workers, it closes gaps where people might otherwise have had no clear leave or no paid leave.
• For employers: there are administrative tasks and costs. The department estimates total monetized benefits of $1,099,669 and total monetized costs of $6,090,548 in present value over 10 years, giving a net present value of - $4,990,880 (annualized net cost - $710,589). For small businesses the department estimates a net cost of $1,187,417 over 10 years, or about $64 per affected small business.
• For enforcement: the changes add specific penalty options (AMPS) so Labour Program officers can enforce the new rights.
• Practical note: these are proposed regulations and not yet final. The department published them for comment and plans outreach and training before the rules come into force. If the text or timing is unclear in any part, the department’s Regulatory Impact Analysis Statement is the source of the details.