Canada Labour Code Amendments – Pregnancy Loss Leave and Bereavement Leave

On December 12, 2025, amendments to the Canada Labour Code (“CLC”) came into force. These changes, which were introduced through the Fall Economic Statement Implementation Act, 2023, add a new leave for pregnancy loss and amend bereavement leave requirements related to the death of a child.

Leave Related to Pregnancy Loss

A new leave related to the loss of a pregnancy has been added through these amendments. Federally regulated employees are now entitled to leave if a pregnancy (their own, or the person with whom they are having a child) does not result in a live birth. The employee is entitled up to 8 weeks of leave if the pregnancy resulted in a stillbirth, as defined in the CLC. In any other case they are entitled to 3 days.

Whether a given situation involves a stillbirth or not, if the employee has completed three consecutive months of continuous employment the employee is entitled to the first 3 days of their leave with pay. Leave beyond 3 days is unpaid.

Bereavement Leave

Federally regulated employees are entitled to up to 10 days of bereavement leave following the death of an immediate family member. As a result of these amendments, employees who experience the death of a child are entitled to expanded bereavement leave entitlements.

Where an employee loses a child they are entitled to a leave of absence of up to eight weeks. If the employee has completed three consecutive months of continuous employment with the employer, they are entitled to be paid for the first three days of their leave, with the balance as unpaid leave.  

These amendments to the CLC also enhance protections for employees taking bereavement leave. Specifically, while on bereavement leave, employees are now entitled:

• to notice of employment opportunities, such as promotions or training, that arise during their absence;
• to resume their employment in the same position or a comparable one after their absence;
• to accumulate pension, health, and disability benefits, as well as seniority, during their absence; and
• to be protected from negative employment consequence, for example demotion, suspension, or the withholding training or promotion opportunities that otherwise would have been granted, because the employee took bereavement leave.

Among other changes, prior to taking bereavement leave, employees are now required to give their employers written notice of the reasons they are taking leave, rather than just warning them of the beginning of the leave and its expected length. 

Further Amendments Anticipated in 2026

Further amendments to the CLC are expected to come into force by Order in Council. Federally regulated employees will be entitled to leave of up to 16 weeks for carrying out responsibilities related to (a) the employee adopting a child; or (b) the employee taking into their care a child born of a surrogate.

If you have any questions related to these amendments to the CLC, please contact your Harris lawyer.