441-01546 (Employment and labour)

The Government of Canada thanks the petitioners for sharing their views and notes the request to implement a bereavement benefit for all grieving parents of pregnancy and infant loss and to implement all seven of the recommendations contained within the report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities entitled Supporting Families After the Loss of a Child.

The Government welcomed the recommendations of the committee and responded along the key themes of:

1. enhancing information and services for grieving families in a compassionate way;
2. reducing financial hardships and supporting flexible return-to-work for parents who suffered the loss of a child; and,
3. conducting policy analysis regarding supports for parents who have suffered the loss of a child.

For the full Government response to the committee, please visit: ourcommons.ca/content/Committee/421/HUMA/GovResponse/RP10555719/421_HUMA_Rpt14_GR/421_HUMA_Rpt14_GR-e.pdf.

The Government acknowledges that grieving the loss of a child is difficult and that these events can have implications for Canadians’ mental and physical health, and that this can make it difficult to return to work. The Employment Insurance (EI) sickness benefits are available to eligible parents who need to step away from work due to the emotional or psychological distress caused by the loss of a loved one, including a child. On December 18, 2022, the Government announced an extension of EI sickness benefits from 15 weeks to 26 weeks for new claims beginning on or after this date.

In addition, in the tragic event that the infant dies during the 15-week period surrounding childbirth, a parent who has established an EI maternity claim will continue to be eligible to receive benefits to support their recovery from pregnancy and childbirth. Maternity benefits are also payable to eligible parents in the event of a pregnancy loss (e.g., a stillbirth) that occurs during or after the 20^th week of pregnancy.

Part III of the Canada Labour Code (the Code) includes leave provisions to ensure that federally regulated private sector employees (about 6% of all Canadian employees) have job-protected leave while claiming an EI special benefit, including maternity and sickness benefits. Job protection is a federal-provincial/territorial responsibility and leave provisions included in PT labour standard legislation generally align with those from the Code.

Since 2019, several changes have been made to the Code that can support grieving parents. These changes include:

• the enhancement of bereavement leave, from three days with pay, immediately following the death of an immediate family member, to ten working days (including three days with pay) that can be taken up to six weeks after the funeral, memorial service or burial. An Act to Amend the Criminal Code of Canada and the Canada Labour Code (Bill C-3), which received Royal Assent in December 2021, includes amendments to bereavement leave that will provide up to eight weeks of unpaid leave for employees who experience a stillbirth or the death of a child. An order of the Governor in Council will be necessary to bring these provisions into force;
• the addition of a new personal leave of five days (including three days with pay) that can be used by parents to attend to any urgent matter concerning their family members, including following the death of their child or a pregnancy loss;
• the enhancement of medical leave without pay from 17 weeks to 27 weeks to align with the extension of EI sickness benefits, and entitling employees to earn and take up to 10 days of medical leave with pay per year; and,
• the introduction of a right to request flexible work arrangements, which can help employees to cope with the death of their child by allowing them to formally request a change to the terms and conditions of their employment related to the number of hours they work, their work schedule, and the location of their work.

In addition, as announced in Budget 2023, the Government is committed to amend the Code to create a new stand-alone leave for employees who experience a pregnancy loss. This new leave will provide employees with time to begin their physical and emotional recovery without risk of losing their job or forfeiting income security.

Building a modernized EI program remains an important part of the Government’s commitment to support workers. Work is underway to modernize the program, informed by the feedback received from individuals and stakeholders through substantive consultations held through 2021 and 2022, as well as changing economic conditions so that Canadians continue to be supported.

Once again, the Government wishes to thank the petitioners.  Their views will be taken into consideration in our ongoing efforts to improve the EI program.