This enactment amends the Canada Labour Code to extend the period during which an employee may take a leave of absence from employment in the event of the death of a child under 18 years of age or for whom a caregiver credit can be claimed under the Income Tax Act and to provide for the entitlement of an employee to a leave of absence in the event of the loss of an unborn child.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Employee entitled

210 (1)  Insertion start Except when subsection (1.‍01), (1.‍02) or (1.‍03) applies Insertion end , every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family or a family member in respect of whom the employee is, at the time of the death, on leave under section 206.‍3 or 206.‍4, a leave of absence from employment of up to 10 days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that deceased person occurs.

Employee entitled — child

(1.‍01) Every employee is entitled to and shall be granted, in the event of the death of a child of the employee or the death of a child of their spouse or common-law partner, a leave of absence from employment of up to eight weeks that may be taken during the period that begins on the day on which the death occurs and ends 12 weeks after the latest of the days on which any funeral, burial or memorial service of the child occurs.

Employee entitled — stillbirth

(1.‍02) Every employee is entitled to and shall be granted, in the event of a stillbirth experienced by them or their spouse or common-law partner, a leave of absence from employment of up to eight weeks that may be taken during the period that begins on the day on which the stillbirth occurs and ends 12 weeks after the latest of the days on which any funeral, burial or memorial service in respect of the stillbirth occurs.

Employee entitled — miscarriage

(1.‍03) Every employee is entitled to and shall be granted, in the event of a miscarriage experienced by them or their spouse or common-law partner, a leave of absence from employment of three days that may be taken as of the day on which the miscarriage occurs.

Definitions

(1.‍04) The following definitions apply in this section.

child means

• (a) a person who is under 18 years of age; or

• (b) a person in respect of whom the employee or their spouse or common-law partner, as the case may be, is entitled to the Canada caregiver credit under paragraph 118(1)‍(d) of the Income Tax Act. (enfant)

miscarriage means the loss of an embryo or a fetus of less than 500 g from natural causes before the twentieth week of pregnancy. (fausse couche)

stillbirth means the complete expulsion or extraction of a fetus from a person on or after the twentieth week of pregnancy or after the fetus has attained at least 500 g, without any breathing, beating of the heart, pulsation of the umbilical cord or movement of voluntary muscle from the fetus after the expulsion or extraction.‍ (mortinaissance)