Parental Benefits and Leave Continue After Child’s Death

Summary#

This bill changes the Employment Insurance Act and the Canada Labour Code to protect parents who lose a child during maternity or parental leave. It keeps Employment Insurance (EI) maternity/parental benefits and federally regulated job-protected leave in place until the original end date, even if the child dies. It also removes the need to file new paperwork to keep benefits going.

• EI maternity/parental benefits continue until the planned end of the benefit period after a child dies (Employment Insurance Act s.23(2.1); s.152.05(2.1)).
• No new EI claim or report is required to keep getting those benefits (Employment Insurance Act s.23(2.2); s.152.05(2.2)).
• An exception stops this EI protection if the parent is convicted of an offence that caused the child’s death (Employment Insurance Act s.23(2.3); s.152.05(2.3)).
• For federally regulated workers, maternity or parental leave remains in place until the original end date even if the child dies (Canada Labour Code s.206(4); s.206.1(2.01)).
• The bill does not extend leave or benefits beyond the original period; it preserves the remainder only (same sections).

What it means for you#

• Households
  • If you are on EI maternity or parental benefits and your child dies during your claim, EI continues paying you until your original benefit period ends. You do not need to file a new claim or report to prove eligibility (Employment Insurance Act s.23(2.1)-(2.2); s.152.05(2.1)-(2.2)).
  • This applies whether the child was born to you or placed with you for adoption (Employment Insurance Act s.23(1); s.152.05(1)).
• Workers (employees)
  • If you work in a federally regulated workplace and are on maternity or parental leave, your leave continues until the original end date even if your child dies (Canada Labour Code s.206(4); s.206.1(2.01)).
  • The Canada Labour Code change covers federal sectors only. Provincial and territorial employment standards are not changed by this bill.
• Self‑employed persons (participating in EI special benefits)
  • If you opted into EI special benefits and are receiving parental benefits, you remain eligible to keep getting them until the end of the original period even if the child dies. No new claim or report is required (Employment Insurance Act s.152.05(2.1)-(2.2)).
• Employers (federally regulated)
  • You must continue to hold the employee’s job for the rest of the originally approved maternity or parental leave period, even if the child dies (Canada Labour Code s.206(4); s.206.1(2.01)).
  • The bill does not require you to make any payments. It concerns leave entitlements and EI program benefits.
• Legal exception
  • The EI continuation does not apply if the parent is convicted of an offence that caused the child’s death (Employment Insurance Act s.23(2.3); s.152.05(2.3)). The Canada Labour Code amendment does not include a similar exception.

Expenses#

Estimated net cost: Data unavailable.

• No fiscal note is included in the bill text. Data unavailable.
• No explicit appropriation or new fee is set out in the bill. The text changes eligibility rules and administration for EI benefits and leave.
• Program effect: EI continues to pay maternity/parental benefits for the remainder of the original benefit period after the child’s death, for both employees and participating self‑employed (Employment Insurance Act s.23(2.1); s.152.05(2.1)).
• Employer finances: The bill creates no employer payment obligation; it preserves job‑protected leave under the Canada Labour Code for its original duration (Canada Labour Code s.206(4); s.206.1(2.01)).

Proponents' View#

• Reduces administrative burden during a crisis by removing the need for a new EI claim or report to keep benefits flowing (Employment Insurance Act s.23(2.2); s.152.05(2.2)).
• Protects income stability by ensuring EI maternity/parental benefits continue for the remaining weeks of the approved period after a child’s death (Employment Insurance Act s.23(2.1); s.152.05(2.1)).
• Maintains job protection for the rest of the planned leave, giving time to recover before returning to work (Canada Labour Code s.206(4); s.206.1(2.01)).
• Limits scope to the original entitlement period; it does not extend or add weeks beyond what was already approved (Employment Insurance Act s.23(2.1); Canada Labour Code s.206(4)).
• Includes a safeguard that denies EI continuation if the parent is convicted of an offence that caused the child’s death (Employment Insurance Act s.23(2.3); s.152.05(2.3)).

Opponents' View#

• Increased EI outlays: Paying benefits for the remainder of the period after a child’s death could raise EI program costs versus current practice; no public cost estimate is provided. Data unavailable.
• Uneven coverage: The leave protection change applies only to federally regulated workplaces. Most workers under provincial or territorial laws would not see their leave rules change unless those governments act separately.
• Administrative complexity: The EI exception hinges on a criminal conviction. If a case is pending, benefits may be paid before the outcome, which could create overpayment and recovery issues. The bill does not address timing or recovery processes. Data unavailable.
• Employer planning: Federally regulated employers must hold positions for the full, original leave even after a child’s death, which can affect scheduling and staffing. The bill does not provide transition or guidance for such cases. Data unavailable.