Stronger Bereavement Leave for Parents and Families

Summary#

This bill changes the Canada Labour Code rules for bereavement leave. It adds longer leave after the death of a child and recognizes pregnancy loss. It also keeps a general bereavement leave for other close family deaths (Bill s. 210(1), (1.01)–(1.04)).

• Up to 8 weeks of leave after the death of a child under 18 or a dependent child who qualifies for the Canada caregiver credit (Bill s. 210(1.01), (1.04)(b)).
• Up to 8 weeks of leave after a stillbirth (Bill s. 210(1.02), (1.04) “stillbirth”).
• 3 days of leave after a miscarriage (Bill s. 210(1.03), (1.04) “miscarriage”).
• Keeps a general bereavement leave of up to 10 days for other immediate family deaths (Bill s. 210(1)).
• Sets time windows for when leave can be taken (6 weeks or 12 weeks after the latest funeral or memorial, depending on the case) (Bill s. 210(1)–(1.03)).

What it means for you#

• Households and workers (federally regulated employees under the Canada Labour Code)

  • Death of your child: You may take up to 8 weeks off. You can take it from the day of death up to 12 weeks after the latest funeral, burial, or memorial date (Bill s. 210(1.01)).
  • Death of your spouse’s or partner’s child: Same 8-week entitlement and timing (Bill s. 210(1.01)).
  • Stillbirth experienced by you or your spouse/partner: You may take up to 8 weeks off, within the same 12-week window after the latest service (Bill s. 210(1.02)).
  • Miscarriage experienced by you or your spouse/partner: You may take 3 days off, starting the day of the miscarriage (Bill s. 210(1.03)).
  • Definition of “child”: Covers a person under 18, and also a person of any age if you or your spouse/partner are entitled to claim the Canada caregiver credit for them (Bill s. 210(1.04)(a)–(b)).
  • General bereavement: For other immediate family deaths, you may take up to 10 days off. You can take it from the day of death up to 6 weeks after the latest funeral, burial, or memorial (Bill s. 210(1)).
  • Pay: The bill text sets the length and timing of leave. It does not state whether these days are paid or unpaid (Bill s. 210(1)–(1.04)).

• Employers (federally regulated)

  • You must grant the new child-death, stillbirth, and miscarriage leaves and respect the timing windows (Bill s. 210(1)–(1.03)).
  • You will need to update policies, payroll/HR systems, and supervisor training to track the 6-week and 12-week windows and the different leave lengths (Bill s. 210(1)–(1.03)).
  • Documentation standards are not specified in the bill text (Bill s. 210(1)–(1.04)).

Expenses#

Estimated net cost to the federal government: Data unavailable.

• No direct appropriations, fees, or taxes are in the bill text (Bill s. 210(1)–(1.04)).
• Potential federal administration or enforcement costs: Data unavailable.
• Employer staffing or backfill costs (private sector impact): Data unavailable.

Proponents' View#

• Gives grieving parents time to cope and handle arrangements after a child’s death, which can take weeks, not days (up to 8 weeks; window extends to 12 weeks after the latest service) (Bill s. 210(1.01)).
• Recognizes pregnancy loss by creating clear, distinct leave for stillbirth (8 weeks) and miscarriage (3 days), with medical definitions to guide application (Bill s. 210(1.02)–(1.04)).
• Covers dependent adult children by linking “child” to eligibility for the Canada caregiver credit, not only age under 18 (Bill s. 210(1.04)(b)).
• Keeps general bereavement leave for other immediate family deaths at up to 10 days, providing a consistent baseline for non-child losses (Bill s. 210(1)).
• Provides clear timing rules tied to funerals and memorials, which can be delayed, reducing pressure to return to work too soon (Bill s. 210(1)–(1.03)).

Opponents' View#

• Longer absences (up to 8 weeks) may strain staffing and scheduling in small teams within federally regulated sectors, especially if multiple employees need leave at the same time (Bill s. 210(1.01)–(1.02)).
• Pay status is not specified in these sections, which could create confusion until guidance clarifies how these leaves interact with existing paid or unpaid leave rules (Bill s. 210(1)–(1.04)).
• Verification may be sensitive or difficult. Definitions rely on gestational age or fetal weight for stillbirth vs. miscarriage, which may require medical information and raise privacy concerns (Bill s. 210(1.04)).
• Uneven coverage: Only employees under the Canada Labour Code get these entitlements, which may create different standards than in provincially regulated workplaces (Canada Labour Code scope).
• Administratively complex timing rules (6-week vs. 12-week windows and “latest” funeral/memorial date) may increase HR tracking errors or disputes (Bill s. 210(1)–(1.03)).