Houston government proposes unpaid leave for pregnancy loss

The passionate appeal by a Liberal MLA last fall has spurred the Houston government to propose changes to Nova Scotia's labour law, creating a special unpaid leave for women and their spouses or partners who face a pregnancy loss.

Cole Harbour-Dartmouth representative Lorelei Nicoll introduced a private member's bill a year ago in response to the loss of her granddaughter in November 2020. She died in the womb at 32 weeks gestation.

Nicoll's daughter, Elizabeth Cushing, and son-in-law, Stephen, named their stillborn daughter Ruby.

Almost two years after that heartbreaking loss, Nicoll is grateful the government is moving ahead with its own changes to the law.

"It really hit me," Nicoll said following the government's briefing on its amendment to the Labour Standards Code. "I just want to say on behalf of all women, this means a lot."

"It will give [people] time to grieve and it will give them time to rebuild and feel that they are valued and that they can try again."

The changes will allow people who experience a sudden end to a pregnancy at least five unpaid days off consecutively. Those who suffer that loss at least 19 weeks into the pregnancy would be allowed up to 16 weeks of unpaid leave to come to terms with the loss.

Those eligible include:

• The pregnant individual.
• The spouse or partner of that individual.
• The former spouse, if they would have been the biological parent.
• Anyone who would have been the parent of a child born through surrogacy.
• The parent of a child who would have been born as a result of an adoption.

Some may need paid time off

Cynthia Yazbek, executive director of the Labour Services Branch, said the province chose a broad range of individuals to qualify because of the broad range of people directly affected by a miscarriage or the death of a child during pregnancy. 

"[We're] just trying to be inclusive, in terms of the legislation and recognizing that the concept of family, if we want to call it that, or who might be involved is different today than it may have been years past," said Yazbek. "We want to make sure that the the language is very inclusive."

Although pleased with the change, Nicoll called it a first step and called on employers to be mindful that some people, particularly single mothers, might need paid time off to handle a pregnancy loss.

NDP MLA Kendra Coombes echoed that sentiment.

"Unpaid should be paid days in the act," said the representative for Cape Breton Centre-Whitney Pier. "Paid days are much more needed."

"More people will be able to utilize it."

Another proposed change to the law would protect the job of the person taking time off to grieve.

"When someone experiences the end of pregnancy they should not have to worry about taking time away from work," said Labour Minister Jill Balser, who is responsible for shepherding the bill through the house. "They should not have to worry about whether their job will be there for them when they return."

According to the bill, the changes will come into effect on or after Jan. 1, 2023.

The federal government has programs for special circumstances around maternity and parental benefits.