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UPDATE – Pregnancy Loss & Child Placement Leave: CLC Rules Now in Effect
As of December 12, 2025, significant amendments to Part III of the Canada Labour Code (CLC) are now in effect. These changes expand leave entitlements for federally regulated employees and introduce new compliance, record-keeping, and penalty risks for employers.
The amendments apply to federally regulated workplaces, including banking, telecommunications, airlines, railways, interprovincial transportation, courier services, and federal Crown corporations.
Below is a practical overview of what is now law, what is still pending, and why these changes matter.
Pregnancy Loss Leave — Now in Force
Employees in federally regulated workplaces now have access to a job-protected leave related to pregnancy loss, including paid leave in certain circumstances.
Who is eligible
An employee may take pregnancy loss leave if:
- Their own pregnancy does not result in a live birth
- Their spouse or 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, including through surrogacy
Length of leave
The length of leave depends on the type of loss:
- Stillbirth: up to 8 weeks of leave
- Other pregnancy loss: up to 3 days of leave
A stillbirth is defined as a loss occurring on or after the 20th week of pregnancy or where the fetus weighs at least 500 grams, with no signs of life following delivery.
Paid portion
- The first 3 days are paid if the employee has at least 3 consecutive months of service
- The leave may be taken once per pregnancy, with no annual cap
Documentation
Employers may request a certificate from a health care practitioner confirming the need for leave. Requests must be reasonable, and employers should avoid asking for unnecessary medical details.
📌 Key Point for Employers
- Pregnancy loss leave is job-protected. Termination, discipline, or negative treatment connected to the leave can trigger reprisal claims and penalties.
Expanded Bereavement Leave for the Death of a Child — Now in Force
Bereavement leave has been significantly expanded where a child dies.
What has changed
Employees may now take up to 8 weeks of unpaid bereavement leave if:
- Their child dies, or
- Their spouse or common-law partner’s child dies
This replaces the former 10-day bereavement limit in these circumstances.
Timing
The leave may be taken:
- From the date of death, and
Up to 12 weeks after the latest funeral, burial, or memorial service
Enhanced protections
Extended bereavement leave now carries the same protections as other long-term leaves under the CLC.
Employees have the right to:
- Return to the same or a comparable position
- Continue to accumulate pension, health, disability, and seniority benefits
- Receive notice of employment and training opportunities while on leave
- Be free from adverse treatment related to the leave
Employers may require written notice of the reason for the leave and any changes to its length. Where an employee has been on leave for more than four weeks, employers may delay an early return if sufficient notice is not provided.
Leave for Placement of a Child (Adoption or Surrogacy) — Not Yet in Force
The Canada Labour Code has been amended to include a new Leave for Placement of a Child, but this leave has not yet taken effect.
Once proclaimed, the leave will provide:
- Up to 16 weeks of unpaid, job-protected leave
- Coverage for adoption and surrogacy placements
- Reinstatement to the same or a comparable position
This leave is expected to come into force through a future Order in Council, likely aligned with forthcoming Employment Insurance benefits.
Employers should prepare for implementation, but are not yet required to provide this leave.
New Record-Keeping and Payroll Obligations — Now in Force
As of December 12, 2025, federally regulated employers must comply with enhanced administrative requirements, including:
- Keeping supporting documentation for leave requests
- Maintaining records of amounts paid during pregnancy loss leave
- Recording any changes to the length of bereavement leave
- Retaining copies of written notices from employees
- Updating posted labour standards information to reflect the new leave categories
Paid pregnancy loss leave must also be excluded from certain wage-based calculations, such as overtime.
Student Interns Are Now Covered
Student interns in federally regulated workplaces are now entitled to:
- Pregnancy loss leave
- Extended bereavement leave for the death of a child
- Flexibility to change the length of leave
This aligns intern protections with those of employees.
Enforcement, Complaints, and Penalties
Employees who believe their rights under Part III of the Canada Labour Code have been violated may file a complaint within six months of the alleged contravention.
Labour officials have authority to issue:
- Compliance orders
- Payment orders for unpaid wages
- Administrative monetary penalties
Potential penalties include:
- Failure to pay or maintain benefits
- Individuals: $2,000 to $10,000
- Corporations: $10,000 to $50,000
- Denying leave or taking reprisals
- Individuals: $5,000 to $25,000
- Corporations: $25,000 to $100,000
Additional remedies can include reinstatement and compensation.
Why This Matters for Employers
“These changes significantly raise the stakes for federally regulated employers,” says Christopher Achkar, founder of Achkar Law.
“Pregnancy loss and bereavement leave are now backed by strong enforcement tools and meaningful penalties. Employers that fail to update their policies, payroll practices, and training risk costly violations that are entirely preventable.”
Key Takeaway
Pregnancy loss leave and expanded bereavement protections are now fully in force under the Canada Labour Code. Only the adoption and surrogacy placement leave remains pending.
Federally regulated employers should ensure their policies, payroll systems, and record-keeping practices are compliant, while employees should be aware of their expanded rights and protections.
Understanding and applying new federal leave entitlements can be complex, particularly as enforcement and penalties increase.
If you are an employer seeking guidance on compliance with the Canada Labour Code, or an employee with questions about your leave rights or workplace obligations, obtaining legal advice early can help clarify your position and reduce risk.
Achkar Law advises both employers and employees on federally regulated workplace matters, including leave entitlements, policy compliance, and dispute resolution.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©