On June 20, 2024, a bill introducing new and expanded leave entitlements for employers in federally regulated workplaces as identified in the Canada Labour Code received royal assent. The amendments are expected to come into force December 2025.
These changes apply to leaves for the following situations:
- Pregnancy loss
- Adoption and surrogacy
- Bereavement
Employers should familiarize themselves with the new regulations and ensure that policies are updated to reflect the new laws when they come into effect.
Who is impacted?
These changes impact federal government employees and employees of federally regulated organizations – that is, workplaces governed by the Canada Labour Code rather than a provincial employment act, such as the B.C. Employment Standards Act.
Federally regulated employers include:
- Interprovincial transportation companies (e.g. railroads, airlines)
- Telecommunications companies
- First Nations (*some aspects)
- Airlines
- Banks
- Crown corporations (e.g. Canada Post)
What are the changes?
The changes coming later this year constitute both new leave allowances and adjustments to existing types of leaves. These amendments are intended to help ensure that federally regulated employees’ jobs are protected while accounting for the time needed to manage major life events, such as adoption.
Below is a summary of these changes.
Pregnancy loss
Employees will be eligible to take up to eight weeks of job leave following the loss of a pregnancy or surrogate pregnancy (specifically, a stillbirth after at least 20 weeks of pregnancy or after a fetus measures at least 500 grams).
This applies to:
- The person who experienced the pregnancy loss
- Their spouse or common-law partner
- Intended parents (in cases involving a surrogate or adoption)
In addition, new regulations coming into force provide three days of paid leave for types of pregnancy loss that do not meet the medical qualifications above. These three paid days can be counted toward the eight week total for eligible employees. To qualify for paid leave, employees must have been working for the employer for at least three consecutive months.
Adoption and surrogacy placement
A new leave allowance called “leave for placement of a child” will allow adoptive and intended parents to carry out responsibilities related to welcoming a new child into their home. This leave provides for up to 16 weeks, and concurs with earlier amendments to the Employment Insurance Act that provide a specific wage-replacement benefit for those adopting a child or having a child via surrogate.
Bereavement leave
As of summer 2025, the Canada Labour Code provides federal employees with up to 10 days of bereavement leave (including three paid days for at least three consecutive months of work) following the death of an immediate family member or a family member for whom they were providing compassionate or critical illness care.
Under the new provisions, employees will also be entitled up to eight weeks of leave following the death of their child or the child of their spouse or common-law partner.
Looking ahead
In addition to these changes, the bill will also introduce language updates to some sections of the Canada Labour Code. Beyond these new leave requirements, federally regulated employers should also be on the lookout for potential upcoming changes to requirements around employees’ right to disconnect, termination notice frameworks, and pay equity reporting requirements.
If you have questions about the impact of the new leave regulations or want to ensure your employer policies are up to date, contact our team – we’re here to help!
