Changes in leave entitlements: federal, Saskatchewan and British Columbia updates for 2025-2026 Changes in leave entitlements: federal, Saskatchewan and British Columbia updates for 2025-2026

Various legislative amendments have been proposed to change, or have recently amended, statutory leave of absence entitlements, affecting federally-regulated employers under the Canada Labour Code (Code) and provincially-regulated employers in Saskatchewan and British Columbia. Employers should take note as changes to leave of absence policies may be required to comply with these changes.

British Columbia

Amendments to B.C.’s Employment Standards Act (ESA) came into effect on November 28, 2025, and provide improved job-protected leave entitlements for workers who are covered by the ESA. The changes were proposed in Bill 30: The Employment Standards (Serious Illness or Injury Leave) Amendment Act, 2025, which received royal assent on November 27, 2025. Employers should begin updating their workplace policies to include the new unpaid medical leave and train human resource teams on document requirements.

The amendments provide eligible employees with up to 27 weeks of unpaid, job-protected leave within a 52-week period if they are unable to work due to a serious personal injury or illness. The leave does not have to be taken at once and can be broken up throughout the year. However, the extended leave must be taken in increments of at least one week. To access the leave, workers will have to obtain a certificate from a doctor or nurse practitioner confirming an inability to work due to medical reasons, as well as the dates during which leave is required.

This amendment reflects a major change for both employees and employers, bringing B.C.’s protections up to the standard that is already in place in other jurisdictions in Canada, such as Ontario, Manitoba, and Québec, and complements financial supports available through the federal Employment Insurance Sickness Benefits program.

Federal law

Beginning as early as December 12, 2025, according to Bill C-59: Fall Economic Statement Implementation Act, 2023 (Bill C-59), federally regulated workers will gain access to new leaves reflecting the realities of pregnancy loss and bereavement. The measures are anticipated to include three days’ paid leave for employees whose pregnancy, or the pregnancy of their spouse or common-law partner, does not result in a live birth, as well as up to eight weeks of unpaid leave for pregnancies resulting in stillbirth. Employees with three consecutive months of continuous employment are eligible to have the first three days of the leave paid at the regular rate of wages.

For bereavement leave, Bill C-59 amends the relevant provisions of the Code to better align them with other categories of leave. Under these amendments, up to eight weeks of leave of absence will be available in the event of the death of a child of the employee or the employee’s spouse or common-law partner, with flexibility to take the leave within a period starting on the date of death and ending 12 weeks after a memorial or funeral.

Finally, Bill C-59 provides anew 16-week unpaid leave to support workers who need to carry out responsibilities related to the placement of a child into their care, whether through adoption or surrogacy.

Saskatchewan

Saskatchewan has proposed broad amendments following Bill 5: An Act to amend The Saskatchewan Employment Act (Bill 5) [PDF] which are projected to take effect January 1, 2026.

Bill 5 will extend long-term, job-protected sick leave from 12 to 27 weeks to support employees dealing with prolonged illness or injury. The amendments will also make bereavement leave more flexible by allowing the existing five-day unpaid entitlement to be used within six months of a death, and by extending eligibility to “like family” relationships and to pregnancy loss. Additionally, maternity leave eligibility will be expanded to include employees who experience pregnancy loss within 20 weeks of the due date.

Bill 5 will further create a new unpaid leave of up to 16 weeks for employees experiencing interpersonal or sexual violence. This leave will be taken in one continuous period within a 52‑week span and is intended to supplement the existing 10‑day leave, comprising of five paid and five unpaid days, that may be taken either consecutively or intermittently. The new leave is designed to enable employees to access medical care, counselling, victim services, relocation, and support from legal or law enforcement services.