As of December 12, 2025, key amendments to Part III of the Canada Labour Code took effect, expanding leave entitlements for federally regulated employees while imposing additional penalties on employers for non-compliance.
Leave Rights Under the Canada Labour Code
Key Changes:
Federally regulated workers now have access to job-protected leave if they have experienced a pregnancy loss or death of a child.
A. Pregnancy loss leave:
Employees are eligible for pregnancy loss leave if:
- their own pregnancy, or the pregnancy of a spouse of a common law partner’s pregnancy, does not result in a live birth;
- they intended to be the legal parent of a child carried by another person, such as a surrogate who experiences pregnancy loss
The length of the leave can last between three days up to eight weeks, depending on the circumstances. In cases of stillbirth (defined as the complete expulsion or extraction of a foetus on or after the 20th week of pregnancy or after the foetus has attained at least 500 grams) employees are eligible for up to eight weeks while individuals who experience other types of pregnancy loss are entitled to up to three days.
If the employee has worked for the employer for at least three consecutive months, the first three days of pregnancy loss leave are paid. Employers may request a certificate from a health care practitioner to confirm the need for the leave.
B. Bereavement leave for death of a child
In contrast to a regular bereavement leave for the death of an immediate family member, the Canada Labour Code has been amended to provide up to eight weeks of unpaid bereavement leave if a child dies, or when an employee’s spouse or common-law partner’s child dies.
The leave may be taken from the date of death until twelve weeks after the latest of the days on which any funeral, burial, or memorial service occurs.
Employer obligations
The amendments have also resulted in new obligations for employers. Federally regulated employers must now comply with updated administrative obligations including recording keeping requirements and posting labour standards notices in the workplace to include pregnancy loss leave.
Violations of these new requirements include penalties between $2,000 to $50,000 depending on the circumstances.
If you have questions regarding navigating these changes or any existing leave, speaking with an experienced employment lawyer can help you understand your rights and legal options. Whitten & Lublin can help. Contact us online or by phone at (416) 640 2667
Author – Sophie Teversham
Frequently Asked Questions (FAQs)
Who is covered by these new leave protections?
These changes apply to federally regulated employees, including workers in banking, telecommunications, airlines, railways, and federal public services.
When did the new leave rules take effect?
The amendments came into force on December 12, 2025.
What is pregnancy loss leave?
Pregnancy loss leave provides job-protected time off for employees who experience a miscarriage, stillbirth, or other pregnancy loss, including in surrogacy arrangements.
Is pregnancy loss leave paid?
If the employee has worked for the employer for at least three consecutive months, the first three days of leave must be paid.
Can employers ask for medical documentation?
Yes. Employers may request a certificate from a health care practitioner confirming the need for the leave.
