Pregnancy‑loss, Bereavement and Placement Leave Rules

Summary#

The Canada Gazette published a proposed set of regulations on June 28, 2025 to support recent changes in the Canada Labour Code made by the Fall Economic Statement Implementation Act, 2023 (FESIA 2023). The proposal would create a new pregnancy-loss leave, extend bereavement leave in some cases, add a leave for placement of a child, and add related rules about pay, records and enforcement. This is a proposal, not law; comments are invited for 30 days.

What it does#

• Adds a new "leave related to pregnancy loss":
  • Up to 8 weeks if the pregnancy ends in stillbirth (definition in the law applies).
  • Up to 3 days for other pregnancy losses.
  • The first 3 days of that leave are paid if the employee has at least three months’ continuous service.
• Expands bereavement leave:
  • Allows up to 8 weeks of leave when an employee’s child, or their spouse/common-law partner’s child, dies.
  • Gives employees the usual long-leave protections (job return, benefit continuation, notice of job opportunities, and limits on using leave against someone for promotion/training decisions).
• Adds "leave for placement of child":
  • Up to 16 weeks for employees who become parents through adoption or surrogacy. This aligns the protected leave with a new Employment Insurance benefit.
• Changes to supporting regulations:
  • Amends the Canada Labour Standards Regulations so paid pregnancy-loss days don’t unfairly affect overtime calculations, and prescribes how to calculate pay for these leaves.
  • Treats multi-employer workers (e.g., casual longshoring workers) as continuously employed for the purpose of qualifying for paid pregnancy-loss leave.
  • Requires employers to keep records of pay for pregnancy-loss leave and of changes to bereavement leave length.
  • Replaces “medical certificate” language with “certificate from a health care practitioner,” and updates a few other wording and posting rules.
  • Extends some new protections to people in placements covered by the Standards for Work-Integrated Learning Activities Regulations (student interns) — mainly unpaid leave but with job-protection-like rules.
  • Updates the Administrative Monetary Penalties (Canada Labour Code) Regulations so fines (AMPs) can be issued for denying or not properly handling these new leaves.
• Administrative and enforcement notes:
  • The proposal expects updated Canada.ca materials and training for enforcement staff.
  • The regulators estimate when the changes would come into force (see below).

Who's affected#

• Employees in federally regulated workplaces covered by Part III of the Canada Labour Code. That includes about 1,020,000 employees (roughly 6% of Canadian employees) and 19,150 employers in sectors like banking, air and rail travel, broadcasting, telecommunications, ports, and some Indigenous band councils.
• Workers in multi-employer arrangements, especially casual longshoring workers, who are explicitly made eligible for paid pregnancy-loss leave for the first time.
• Student interns covered by the Standards for Work-Integrated Learning Activities Regulations — they would get unpaid pregnancy-loss leave and some bereavement protections.
• Employers under Part III — they would face new record-keeping, notice-posting and occasional pay obligations.
• The Labour Program and the Canada Industrial Relations Board (for enforcement and appeals).

Why it matters#

• It gives job-protected time off for people dealing with pregnancy loss, the death of a child, or the arrival of an adopted or surrogate child. That can help people recover, manage family needs, and bond with a new child without losing employment rights.
• Some paid support is new for certain groups. For example, casual longshoring workers who previously might not have qualified for paid pregnancy-loss leave would get the first 3 days paid if they meet the continuous-employment rule by being treated as continuously employed.
• The proposal builds enforcement tools. Fines (AMPs) are added as an option if employers deny these leaves or fail to respect related rights.
• There are costs and administrative effects on employers. The government’s estimate over a 10-year period is $1,099,669 in benefits to workers and $6,090,548 in costs, giving a net present cost of $4,990,880 (annualized net cost $710,589). Small businesses are estimated to bear about $1,187,417 in net costs over 10 years (roughly -$64 per affected small business).
• Timing: the proposal says the pregnancy-loss and bereavement parts are planned to come into force on December 12, 2025 (540 days after royal assent) or earlier if ordered; the placement-of-child provisions are projected to come into force in 2026 alongside related Employment Insurance changes.