FEDERAL UPDATE – Federal Bill C-59 makes updates to employee leaves of absence under the Canada Labour Code
What’s happening? Federal Bill C-59, Fall Economic Statement Implementation Act, 2023 (“Bill C-59”) received Royal Assent on June 20, 2024 and makes amendments to the leave of absence provisions under the Canada Labour Code (the “Code”) for federally-regulated employees.
Effective Date. The amendments come into effect on December 12, 2025.
What does it say? Bill C-59 makes the following amendments to the Code:
Pregnancy Loss Leave: Bill C-59 introduces a new leave of absence for situations where an employee’s pregnancy or the pregnancy of their spouse or common-law partner does not result in a live birth, or where the employee was intended to be the legal parent of a child from another person’s pregnancy that does not result in a live birth. The leave is 8 weeks if the pregnancy resulted in a stillbirth (after the 20th week of pregnancy), or 3 days in other cases. Employees are eligible for the first 3 days to be paid after 3 consecutive months of continuous employment.
Bereavement Leave: Bill C-59 modifies bereavement leave under the Code to better align with other leaves of absence, including:
- Requiring the employee to provide written notice with reasons for the leave and any changes to the length of the leave;
- Allowing employers to postpone an employee’s return to work if the employee taking more than 4 weeks of leave does not provide 4 weeks’ notice of a shorter leave;
- Requiring employers to notify employees of employment opportunities and reinstate them to the same or a comparable position;
- Ensuring employees accumulate pension, health, and disability benefits, and seniority during the leave; and,
- Protecting employees from reprisals.
Leave for Placement of Child: Bill C-59 introduces a new leave of absence for situations where a child has been placed into the care of an employee for the purposes of adoption or the arrival of a new-born child into an employee’s care where the person who gave birth to the child is not, or is not intended to be, a parent of the child (a “placement”). Employees are entitled to a leave of absence of up to 16 weeks for carrying out the responsibilities related to a placement. The leave may be taken beginning no earlier than 6 weeks before the estimated date of the placement, and ending no later than 17 weeks following the week of the actual date of that placement. Note that Bill C-59 creates a corresponding 15-week benefit under the Employment Insurance Act for claimants carrying out responsibilities related to the placement of a child.
What should we do? Federally-regulated employers should inform themselves, human resources staff, and managers of these new leave of absence entitlements to ensure compliance, and update any policies and employment contracts as necessary, prior to December 12, 2025.
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The information contained in this document is summary in nature and is intended to provide general guidance only. It should not be viewed as a replacement for legal or professional advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the province or territory. You should review applicable law in your jurisdiction and consult experienced counsel for legal advice. This content is the property of ADP Canada Co.
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