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- New Federal Employee Leaves: Pregnancy Loss, Bereavement, Child Placement
New Federal Employee Leaves: Pregnancy Loss, Bereavement, Child Placement
- Employer advice
Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant
(Last updated )
Charlie Herrera Vacaflor, Employment Law & HR Content Senior Consultant
(Last updated )
Major updates to the
Canada Labour Code
(CLC) are on the horizon, introducing significant new leave provisions that will impact federally regulated workplaces across the country. As we look towards the end of 2025 and into 2026, it’s crucial for employers to understand these changes to ensure compliance and support their employees through important life events.
This blog breaks down the upcoming amendments regarding leave for pregnancy loss, enhanced bereavement leave, and leave for the placement of a child.
A compassionate approach: Leave for pregnancy loss
Effective date: December 12, 2025
In a significant move to support employees experiencing the profound loss of a pregnancy, the government is introducing a new leave category.
Who is eligible?
This leave will be available to an employee if they, their spouse or common-law partner, or a surrogate carrying a child for them, experiences a pregnancy that does not result in a live birth.
Duration and pay
Stillbirth:
Employees are entitled to up to
eight weeks of unpaid leave
.
Other pregnancy loss:
Eligible employees who have completed at least three consecutive months of employment can take up to
three days of paid leave
. This is limited to one use per pregnancy.
Employer obligations
Employers have the right to request a certificate from a healthcare practitioner to verify the need for leave. It's important to note that the wage calculation for the paid leave will follow the existing formula used for other paid leaves, such as personal or bereavement leave. Student interns will also be eligible for this leave.
Penalties for non-compliance
Denying an employee this leave could result in an Administrative Monetary Penalty (AMP) ranging from approximately $25,000 to $100,000. Failure to pay for the leave could lead to a penalty of about $10,000 to $50,000.
Enhanced support in times of grief: Bereavement leave updates
Effective date: December 12, 2025
The existing bereavement leave provisions are being expanded to provide more extensive support for employees grieving the loss of a child.
What’s changing?
The bereavement leave period will be extended to
up to eight weeks of unpaid leave
for employees who have lost their child or the child of their spouse or common-law partner. This is in addition to the existing three-day paid bereavement leave.
Enhanced employee rights
During this extended bereavement leave, employees are afforded several key protections:
The right to be informed of employment and promotion opportunities.
The right to resume their position or a comparable one upon their return.
The continuation of their benefits during the leave.
The ability to adjust the length of their leave with proper notice.
Protection from any discriminatory practices related to their leave when it comes to promotions or training.
Penalties for failing to uphold these rights can range from approximately $10,000 to $100,000, depending on the violation. These enhanced provisions will also apply to student interns on an unpaid basis.
Welcoming a child: New leave for placement
Effective date: Projected for 2026
To better support employees growing their families through adoption or surrogacy, a new leave for the placement of a child is being introduced. This will come into effect concurrently with related changes to Employment Insurance (EI).
Leave details
Employees will be entitled to
up to 16 weeks of unpaid leave
to manage responsibilities associated with the placement of a child into their care. This leave is job-protected, ensuring an employee can return to the same or a similar role.
Coordination with Employment Insurance
This new leave is designed to work in tandem with a new 15-week EI wage replacement benefit for employees in these circumstances. The 16-week leave period accommodates the 15-week benefit and the standard one-week EI waiting period. Please note that student interns will not be eligible for this particular leave.
General requirements for employers
Effective date: December 12, 2025
Alongside these new leaves, employers must adhere to new record-keeping and payroll calculation standards:
Record keeping:
Maintain detailed records of payments made during pregnancy loss and bereavement leaves, as well as any supporting documentation.
Benefit calculations:
Wages paid for certain leaves must now be excluded when calculating other employment benefits like overtime and statutory holiday pay.
These amendments represent a significant step forward in creating more compassionate and supportive federally regulated workplaces. By preparing for these changes now, you can ensure a smooth transition and continue to foster a positive and compliant work environment.
Do you need support implementing these changes in your workplace?
Peninsula’s experts can help you create new HR policies, and provide clear, actionable guidance on any other HR, health & safety, or employee issue that may arise.
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