Federal Post
Major Changes to Federal Leaves Take Effect on December 12, 2025
Date: December 10, 2025
Significant amendments to leave provisions under the Canada Labour Code (Code) come into force on December 12, 2025. These changes, introduced through the Fall Economic Statement Implementation Act, 2023, will expand leave entitlements for federally regulated employees and create new obligations for employers.
With the implementation date imminent, federally regulated employers should ensure their policies and practices are updated to comply with the new requirements.
New Leave Related to Pregnancy Loss
Effective December 12, 2025, employees are entitled to a leave of absence if they experience a pregnancy loss. This entitlement extends to employees where:
- their pregnancy, or the pregnancy of their spouse or common-law partner, does not result in a live birth; or
- they intended to be the legal parent of a child born to another person (e.g., through surrogacy) and the pregnancy does not result in a live birth.
Duration and Pay
For stillbirths, defined as the complete expulsion or extraction of a foetus on or after the 20th week of pregnancy or after the foetus has attained at least 500 grams, employees are entitled to up to eight weeks of leave.
For other types of pregnancy loss, employees may take up to three days of leave.
The first three days of leave related to pregnancy loss are paid for employees who have completed at least three consecutive months of employment.
Enhanced Bereavement Leave
The Code currently provides up to ten days of bereavement leave following the death of an immediate family member, or the death of a family member for whom the employee was taking compassionate care leave or critical illness leave.
Employees are entitled to be paid for the first three days of the leave if they have completed at least three consecutive months of employment.
Death of a Child
Effective December 12, 2025, the amendments significantly expand bereavement leave in cases involving the death of a child.
- Employees are entitled to up to eight weeks of unpaid bereavement leave where their child, or their spouse/common-law partner’s child, dies.
- This leave may be taken from the date of death until 12 weeks after the latest of the days on which any funeral, burial, or memorial service occurs.
New Protections and Procedural Requirements
The amendments also enhance bereavement leave by adding protections consistent with other long-term leaves under the Code, including:
- the right to receive notice of employment opportunities during the leave
- the right to resume employment in the same or comparable position
- continued accumulation of pension, health, and disability benefits and seniority
- protection from reprisals, including prohibition against considering the leave in promotion or training decisions
The amendments also modify procedural requirements for bereavement leave, including:
- requirements for employees to provide written notice of the reasons for the leave and written notice of changes to leave length
- permitting employers to postpone an employee’s return to work where an employee taking more than four weeks of leave does not provide the employer with four weeks’ notice of a shorter leave
Supporting Regulatory Amendments
To support implementation of these new leave provisions, amendments to the Canada Labour Standards Regulations also come into effect on December 12. These regulatory changes create new compliance obligations for federally regulated employers:
Record-Keeping Requirements
Employers must maintain records of:
- amounts paid to employees during pregnancy loss leave
- any changes to the length of bereavement leave requested by employees
- copies of notices provided by employees regarding changes to leave length
These records may be requested during Labour Affairs Officer inspections or investigations.
Updated Posted Notices
Employers must update posted labour standards notices in the workplace to include pregnancy loss leave.
Administrative Monetary Penalties
The amendments establish specific violations and penalty amounts for non-compliance with the new leave provisions. Violations include:
- failing to pay employees for pregnancy loss leave or continue benefit contributions during bereavement leave (penalties of $2,000 to $10,000 for individuals and $10,000 to $50,000 for corporations)
- denying employees their right to take pregnancy loss leave or bereavement leave, or taking reprisals against employees for using these leaves (penalties of $5,000 to $25,000 for individuals and $25,000 to $100,000 for corporations)
Looking Ahead
While the pregnancy loss and enhanced bereavement leaves take effect on December 12, 2025, the new 16-week unpaid leave for placement of child is expected to be implemented alongside related Employment Insurance amendments through a separate Order in Council process projected for 2026.
For more information regarding the new leave provisions under the Code, please reach out to George G. Vuicic or your Hicks Morley lawyer.
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 Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©