According to the Public Health Agency of Canada, 15% to 25% of pregnancies end in a miscarriage. Yet, many employers do not have a plan in place for supporting employees who have experienced miscarriages, stillbirths, or pregnancy loss.

Miscarriage can be a devastating experience both physically and emotionally, and providing support and resources to employees during such a time is crucial for creating a positive work environment and inclusive workplace culture. For Canadian employers, it’s important to understand the legislative framework around miscarriage leave and implement compassionate, supportive policies that comply with provincial and federal regulations.

Miscarriage Leave in Canada: Legal Framework

There is no specific federal legislation addressing miscarriage leave across all of Canada, but various provinces have developed their own provisions for employees who experience a miscarriage. The approach varies depending on jurisdiction, making it essential for employers to be aware of the applicable laws in their province.

• Federal jurisdiction: Under the Canada Labor Code, miscarriage is recognized within the broader context of pregnancy loss. Employees under federal jurisdiction may be entitled to medical leave or compassionate care leave, depending on the circumstances. The code allows up to 17 weeks of unpaid medical leave in case of pregnancy loss after 19 weeks, or up to five days of personal leave for health-related issues, which could apply in the event...

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