Recent amendments to the Canada Labour Code (the “Code”) have introduced significant job-protected leave entitlements for employees working in federally regulated workplaces. As of December 12, 2025, the Code includes pregnancy loss leave and expands bereavement leave where an employee loses a child.
These changes are an important reminder for employers to review and update leave policies and practices to ensure compliance with evolving statutory requirements.
Pregnancy loss leave
Section 206.51 of the Code now provides employees with a new leave related to pregnancy loss. This leave applies where a pregnancy does not result in a live birth, including where the pregnancy loss is experienced by an employee, the employee’s spouse or common-law partner, or where the employee intended to become the legal parent of a child carried by another person, including through surrogacy.
To determine eligibility for and entitlement to this leave, the Code defines the following terms:
- A “common-law partner” is a person who has been living with the employee in a marriage-like relationship for at least one (1) year;
- A “stillbirth” means the delivery of a fetus on or after 20 weeks of pregnancy, or after the fetus has reached a weight of at least 500 grams, where the fetus shows no signs of life after delivery.
The duration of the leave depends on the nature of the pregnancy loss. Employees are entitled to:
- Up to eight weeks of leave in the case of a stillbirth, as defined by the Code; or
- Up to three days of leave in all other cases.
The leave must be taken within 26 weeks of the pregnancy loss. All eligible employees may take the leave. However, employees who have completed at least three consecutive months of continuous employment with their employer are entitled to receive the first three days with pay.
Employers may request a medical certificate, provided the request is reasonable. Employers should avoid seeking medical information beyond what is necessary to substantiate the leave. Given the nature of this leave, requests should be handled with particular care and sensitivity.
Expanded bereavement leave
The Code has also introduced important changes to bereavement leave. Under section 210, employees are now entitled to up to 10 days of bereavement leave following the death of an immediate family member or where the employee was on a compassionate care or critical illness leave for a family member at the time of death. In addition, employees may take up to eight weeks of leave following the loss of their child or the child of their spouse or common-law partner.
The timing requirements for these leaves differ. The 10-day bereavement leave must be taken within six weeks of the funeral, burial, or memorial service, whereas the extended leave following the death of a child may be taken within 12 weeks.
While the leave is available to eligible employees immediately, employees who have completed at least three consecutive months of continuous employment are entitled to the first three days with pay.
What employers should do now
Federally regulated employers should take proactive steps to review and update their leave policies and practices. In particular, employers should:
- Review and update employee handbooks and policies to reflect pregnancy loss leave and the expanded bereavement entitlements. Clear documentation ensures employees understand their rights and reduces the risk of non-compliance issues.
- Ensure payroll practices properly account for paid portions of these leave entitlements.
- Align internal definitions with the Code and Regulations, particularly for “family member” and “child.”
- Train managers and HR personnel to understand these entitlements and to respond to leave requests consistently and with appropriate sensitivity.
Looking ahead
The Code has also been recently amended to include a new job-protected leave of up to 16 weeks unpaid for employees who welcome a child through adoption or surrogacy. While this provision is not yet in force, federally regulated employers should continue to monitor developments in this area.
As workplace leave entitlements under the Code continue to evolve, regular policy reviews remain essential. Staying current helps employers reduce compliance risks while better supporting employees through significant life events.
If you have questions about these changes or would like assistance reviewing your workplace policies, contact Rea Phillips or any of the lawyers at Ascent Employment Law – we’re here to help!
