Pregnancy-loss, Bereavement and Placement Leave

Summary#

These are final rules that update parts of the labour regulations that support changes to the Canada Labour Code made by the Fall Economic Statement Implementation Act, 2023. They add and clarify rules for a new leave after a pregnancy loss, extend bereavement leave in the case of a child’s death, and add rules for leave when a child is placed with a parent (adoption or surrogacy). The rules set how pay is calculated, what employers must record, and how breaches can be enforced.

What it does#

• Adds detail to the Canada Labour Standards Regulations about the new leave related to pregnancy loss:

  • Clarifies how paid days for pregnancy loss affect hours worked under averaging arrangements.
  • Says the existing formula will be used to calculate pay for pregnancy loss leave when an employee’s hours vary or they are paid other than by time.
  • Excludes pay for pregnancy loss (and some other paid leaves) from certain wage calculations so it does not skew overtime or holiday pay formulas.
  • Requires employers to keep records of amounts paid for pregnancy loss leave.

• Updates record-keeping and wording:

  • Replaces “medical certificate” with certificate from a health care practitioner.
  • Repeals an old requirement to post a sexual harassment policy (that legislative requirement was removed in 2018).
  • Requires employers to update posted notices about Part III labour standards to include the new leaves.

• Addresses workers in multi-employer situations:

  • Declares certain multi-employer employees (common in longshoring) to be continuously employed so they can qualify for paid pregnancy loss leave after three months.

• Extends some protections to student interns under the Standards for Work-Integrated Learning Activities Regulations:

  • Student interns can take unpaid pregnancy-loss leave and unpaid extended bereavement leave for a child’s death.
  • Student interns gain some of the same procedural protections for bereavement leave (notice rules, return to same position, protection from penalties).

• Adds enforcement options to the Administrative Monetary Penalties (Canada Labour Code) Regulations:

  • Lists new violations related to denying or not paying for these leaves, failing to maintain benefits or notice rights while on leave, or penalizing someone for taking leave. These violations are assigned types that affect penalty amounts.

• Timing:

  • The regulations were registered on November 28, 2025.
  • They come into force on December 12, 2025 (the day sections of the Act come into force), unless registration happens later.
  • The parts tied to leave for placement of a child come into force on the same day as related Employment Insurance changes; that date is not yet set.

Who's affected#

• Employees and employers covered by Part III of the Canada Labour Code — about 1,020,000 employees (roughly 6% of Canadian workers) and about 18,500 employers in federally regulated industries, including rail, shipping, air travel, telecommunications, banks, and First Nations band councils.
• Workers in multi-employer situations (notably casual longshoring workers). The analysis estimates about 4,962 casual longshoring employees and that 1,352 may receive pay under the new pregnancy-loss leave rules over 10 years.
• Student interns in federally regulated workplaces (a small group) who will get unpaid access to some of the new leaves and protections.
• Employers, who must update records and notices and may face administrative penalties if they fail to follow the new rules.

Why it matters#

• For employees: the rules give clear job protection and pay rules after a pregnancy loss (short paid leave in many cases, and up to 8 weeks for stillbirths), expanded bereavement leave for the death of a child, and a protected leave for placement of a child (up to 16 weeks) tied to new EI benefits. This helps workers take time to recover or care for a new child without losing their job or certain benefits.
• For student interns and multi-employer workers: the regulations close gaps so these groups can take appropriate time off (student interns without pay; multi-employer workers can qualify for the paid portion).
• For employers: new record-keeping, posting and administrative steps. The Regulatory Impact Analysis estimates total monetized costs of $4,439,915 (present value) over 10 years and total monetized benefits of $1,143,682, giving a net present cost of $3,296,233 over 10 years (annualized net cost $469,309). Small businesses are estimated to bear $953,915 (present value) of the net cost, about $57 per small business over 10 years.
• For enforcement: the amendments make clear which breaches can be punished with administrative monetary penalties, which supports compliance and gives employees a clearer path for complaints.