The new leave related to pregnancy loss is set to take effect by December 2025 for federally regulated employees.
Read on to learn more about this leave.
The leave will provide three days of paid leave to employees who experience a pregnancy loss. In the event of a stillbirth, the leave can be extended to eight weeks of unpaid leave for employees. Three days of the leave would be paid for employees who have completed three consecutive months of continuous employment with their employer.
The leave would be available to the individual who was pregnant, the spouse or common-law partner, and any person who intended to be the legal parent of the child, including the biological parent and parents who were planning to have a child through adoption or surrogacy. Employees would not need to provide documentation to their employer to access the leave or to prove their intention to become the legal parent of the child.
An employee would be entitled to take the leave within the period that begins on the day on which the pregnancy loss occurs and ends 26 weeks after that day. Employees who intend to take a leave related to pregnancy loss would need to provide notice to their employer as soon as possible. The leave would be event-based, meaning there would be no limit on the number of times an employee can take the leave in a calendar year. However, in circumstances of a pregnancy with multiples that has ended without a live birth in respect of at least one foetus, an employee would be entitled to take the leave only once. Employees who take paid leave following a pregnancy loss would still have access to other leaves under the Canada Labour Code, such as maternity, medical, and personal leaves, provided that they meet the eligibility requirements.
Employers who already provide employees with paid leave that can be taken specifically in circumstances of a pregnancy loss would not be required to provide additional leave, provided the existing leave is equivalent to or more generous than the leave established under the Canada Labour Code, as the Code establishes minimum labour standards. Employers who do not provide leave specifically for this purpose would need to adjust their internal policies and, where applicable, work with unions to modify collective agreements and make the necessary payroll and systems adjustments to align with any new provisions.
The government states that the policy recognizes the emotional and psychological toll of pregnancy loss which affects approximately 15 to 25% of pregnancies in Canada, according to the Public Health Agency of Canada. By providing dedicated time off it helps employees recover without the pressure to return prematurely.
Although it is a step in the right direction, experts suggest that the leave is not sufficient for recovery from grief and trauma. Employers should consider linking this leave with mental health resources, like counseling through Employee Assistance Programs (EAPs). Providing flexible return-to-work arrangements, such as part-time hours, gradual reintegration or remote work option is another workplace practice that can support emotional recovery for your employee during such a difficult time.
Click here to read more about B C-59.