Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Definitions

• 206.51 (1) The following definitions apply in this section.

  common-law partner

  common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

  stillbirth

  stillbirth means the complete expulsion or extraction of a foetus from a person on or after the 20th week of pregnancy or after the foetus 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 foetus after the expulsion or extraction. (mortinaissance)

• Marginal note:Eligible employees

  (2) An employee is eligible for the leave of absence referred to in subsection (3) if

  • (a) their pregnancy does not result in a live birth;

  • (b) the pregnancy of their spouse or common-law partner does not result in a live birth; or

  • (c) they intended to be the legal parent of the child that would have been born had another person’s pregnancy resulted in a live birth.

• Marginal note:Entitlement to leave

  (3) An employee who is eligible for a leave of absence under subsection (2) is entitled to and shall be granted a leave of absence of up to

  • (a) eight weeks, if the pregnancy resulted in a stillbirth; or

  • (b) three days, in any other case.

• Marginal note:Pregnancy with multiples

  (4) For the purposes of this section, the following apply in respect of a pregnancy of more than one foetus:

  • (a) an employee may take only one leave of absence under subsection (3) in respect of the pregnancy; and

  • (b) a pregnancy that does not result in a live birth includes a pregnancy that has ended without a live birth in respect of at least one foetus.

• Marginal note:Period when leave may be taken

  (5) The period during which the employee may take a leave of absence begins on the day on which the pregnancy does not result in a live birth and ends 26 weeks after that day.

• Marginal note:Leave with pay

  (6) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.

• Marginal note:Division of leave

  (7) The leave of absence may be taken in one or two periods. The employer may require that each period of leave be not less than one day’s duration.

• Marginal note:Regulations

  (8) The Governor in Council may make regulations defining any expression for the purposes of this section, including the expressions “regular rate of wages” and “normal hours of work”.