What is miscarriage leave?

Miscarriage leave refers to a period of paid or unpaid time off granted to individuals who experience pregnancy loss due to a miscarriage or stillbirth. Being away from work provides extra time to recover physically and emotionally. Miscarriage leave policies can vary by province, territory, or employer, and the length of the leave can change depending on laws or company guidelines. In some cases, this leave may be available to the employee’s partner or as part of broader compassionate or bereavement policies.

What is Bill C-59?

Bill C-59 became law on June 20, 2024, changing the Canada Labour Code. One of these changes introduces a new three-day paid leave for those who experience pregnancy loss. The leave will officially begin by December 2025. Bill C-59 brings other updates to the Canada Labour Code, including:

• A new leave for pregnancy loss: Employees who experience a stillbirth can take up to eight weeks off, while those who experience other forms of pregnancy loss can take up to three days off. The employer pays the first three days for employees with at least three months of employment history with the company.
• Adoption or surrogacy leave: A new unpaid leave for employees involved in the placement of a child, allowing up to 16 weeks off for responsibilities related to adoption or surrogacy. This coincides with updates to the Employment Insurance Act, now offering benefits to employees who become parents through adoption or surrogacy.
• Changes to bereavement leave: Employees will have the right to return to the same or a comparable position after their break, be informed of training opportunities during leave, continue accumulating benefits, and adjust the length of their leave if needed.

What other options do employees have for miscarriage leave?

Once an employee uses their paid miscarriage leave or short-term disability benefits and requires more time off, they can apply for the Employment Insurance (EI) sickness benefit. This benefit offers up to 26 weeks of financial support if they cannot work due to medical reasons. They can receive 55% of their weekly earnings, up to $668. They may require a medical certificate confirming they cannot work and for how long they will qualify. Medical reasons can include emotional distress, a physical or mental illness, an injury, being quarantined, or any condition that prevents them from working.

Employees may be eligible for compassionate care leave under the EI program if they care for a spouse, child, or parent who is gravely ill or injured. Although this leave primarily applies to situations involving terminal illness, it may offer flexibility for personal recovery after a miscarriage.

Employers can enhance support for employees experiencing miscarriage by offering policies beyond the basic federal and provincial leave options. Consider providing additional paid leave, flexible sick leave without disclosing medical details, and access to employee assistance programs (EAPs) for counselling and mental health support. Outlining these policies in your employee handbook and offering flexibility upon return to work, such as reduced hours or work-from-home options, can ease the transition and show your employees that your company values their well-being during difficult times.

How can I help my employees qualify for the EI sickness benefit?

To help your employees qualify for EI sickness benefits, encourage them to apply as soon as possible and ensure they meet the criteria, such as:

• Unable to work due to medical reasons
• Decreased weekly earnings by more than 40% for at least one week
• Have a minimum of 600 insured work hours in the past 52 weeks or since their last claim, whichever is shorter
• Will remain in the country for the duration of the claim unless for medical reasons
• Have a medical practitioner sign a medical certificate regarding their condition

Different types of practitioners can complete and sign a miscarriage medical certificate, provided the illness they’re treating is within their field and they practice in Canada:

• Medical doctor
• Midwife
• Psychologist
• Nurse practitioner
• Registered nurse (in isolated areas without a doctor)

Miscarriage leave in British Columbia

For employees in British Columbia, miscarriage leave is available for those who experience a miscarriage, termination, or stillbirth after 19 weeks of pregnancy. In this case, employees can take up to 17 consecutive weeks of maternity leave starting from the date of the loss. Employees receiving EI benefits may be eligible for a maternity leave allowance. This rule applies to full- or part-time employees or auxiliary employees covered by maternity leave benefits under their collective agreement or employment terms. Employees can visit the Government of Canada website for Employment Insurance to apply. Your HR department will issue and submit the record of employment (ROE) directly to Service Canada.

Miscarriage leave in Alberta

In Alberta, miscarriage leave is available if an employee experiences a pregnancy loss, which includes any situation where the pregnancy does not result in a live birth. If this trauma occurs within 16 weeks of the estimated due date, the employee can still take maternity leave, but parental leave may not apply. Maternity leave will last for 16 weeks from the start date. Employees affected by pregnancy loss might also be eligible for bereavement leave. The basic rules for bereavement leave entitlement are as follows:

• Employees must have at least 90 days of service with the same employer to be eligible.
• Bereavement leave allows up to three days off per calendar year, regardless of the number of incidents.
• Job-protected time off means employees can return to the same or an equivalent position.
• Employers typically do not pay wages or benefits during the leave unless otherwise stated in an employment contract or collective agreement.

Your employees typically do not need to provide a medical note or proof of entitlement for bereavement leave. The person who was pregnant, their spouse or partner, and anyone who would have been a parent, such as adoptive or surrogate parents, may qualify for bereavement leave.

Miscarriage leave in Ontario

If an employee experiences a miscarriage or stillbirth more than 17 weeks before the due date in Ontario, they are not eligible for pregnancy leave. However, if the loss happens within 17 weeks of the due date, pregnancy leave is available, starting no later than the date of the miscarriage or stillbirth. The leave will end either 17 weeks after the leave began or 12 weeks after the miscarriage or stillbirth, whichever is later.

Miscarriage leave in Quebec

In Quebec, if a pregnancy ends before the 20th week, an employee can take up to three weeks of maternity leave. The Quebec Parental Insurance Plan (QPIP) can extend this time with a medical certificate if more time off is necessary. Under the QPIP, employers do not have to pay employees during this leave, maternity benefits are not available, and they do not grant leave for a spouse or partner. For pregnancy losses occurring after the 20th week, the employee can take an 18-week maternity leave, similar to if they had given birth. Employers do not have to pay the salary during this time; however, maternity benefits under the QPIP might be available. Maternity benefits typically begin the week the pregnancy ends and last for a maximum of 20 weeks.

The benefit amount and duration depend on the plan—either the basic plan, which offers 18 weeks at 70% of gross income, or the special plan, which provides 15 weeks at 75%. Once your employee selects a plan, they cannot change it. If the pregnancy ends after the 20th week, the spouse or partner can take five days off, with the first two days paid, provided the Act respecting labour standards covers them.

In Canada, miscarriage leave policies offer varying levels of support depending on the province or territory. These guidelines can help you provide employees adequate time off to recover from a miscarriage, including additional paid leave or benefits through EI, QPIP, or internally.