Question Period Note: SUPPORTS FOR PARENTS WHO HAVE LOST A CHILD

How does the Government of Canada support parents who have lost an infant child?

• The Government of Canada recognizes the grief faced by Canadians who lose an infant child and expresses its sympathy to families who have experienced the loss of a child.

• A number of initiatives are already available to support parents who are unable to work as a result of the loss of their child, such as bereavement leaves and EI sickness benefits.

• The Government of Canada has already made changes to provide families with EI benefits that are more flexible, inclusive and easier to access.

• The Government of Canada is committed to supporting grieving parents who are unable to work due to emotional and psychological distress caused by the death of a child by providing parents with access to paid bereavement leave under the Canada Labour Code, Employment Insurance sickness benefits as well as supports from various organizations.

Motion M-110

Private Member’s Motion (M-110) was introduced in late 2016 by Mr. Richards (Banff-Airdrie). The motion instructed the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) to study the impacts on parents who have lost a child.

HUMA conducted a study in Fall 2018 in consultation with various stakeholders including parents who have lost a child and tabled its report on February 7, 2019 that contained seven broad recommendations to better support bereaved parents and families who suffer the loss of a child.

Recommendations consist of:

• ensuring employees address bereaved families with compassion and understanding;
• streamlining ways to report a death;
• providing better information (e.g. helping Canadians navigate the systems of government benefits and supports);
• adding more job-protected leaves under the Canada Labour Code;
• providing improved financial support (e.g. bereavement grace periods for existing benefits or the creation of EI benefits for bereaved parents) and
• conducting further policy analysis (e.g. undertake a review of EI sickness benefits for grieving families, study establishing a bereavement grace period or extending the Canadian Benefit for Parents of Young Victims of Crime).

The Government’s response highlights the efforts underway to provide citizen-centric service to Canadians and current supports such as paid bereavement leave under the Canada Labour Code for federally regulated private sector employees and Employment Insurance sickness benefits available to all eligible Canadians to use during the grieving process following the loss of a child.

Existing protections under the Canada Labour Code

In 2017 and 2018, the Government modernized Part III of the Canada Labour Code to ensure that federally regulated private sector employees have access to a robust and modern set of labour standards. Some of the improved protections provide a right to request flexible work arrangements and extended leaves that can support bereaved families. More specifically:
A new right to request flexible work arrangements that allow employees to 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. This measure could support flexible return-to-work for parents who have suffered the loss of a child.

Enhanced bereavement leave under which employees are entitled to up to five days of bereavement leave, with the first three days being paid if they have three consecutive months of continuous employment with their employer, and they will be able to take their bereavement leave up to six weeks after the funeral, memorial service or burial.

New personal leave of five days with three days to be paid if an employee has completed three months of continuous employment with an employer. This new leave could be used by parents to attend any urgent matter concerning their family members, including following the tragic death of their child.

A number of other protections currently exist that are in line with existing EI benefits that could help families navigate difficult life circumstances such as the death of a child:
• Up to 17 weeks of unpaid sick leave if an employee is unable to work due to health reasons, including psychological trauma or stress resulting from the death of a child.
• Up to 17 weeks of unpaid maternity leave for the woman’s health-related needs surrounding childbirth.

EI Special Benefits

EI special benefits play an important role in helping individuals balance work/life responsibilities. They provide temporary income support to workers and self-employed individuals in specified circumstances.

EI parental benefits are intended to support parents in balancing the demands of work and family by providing the flexibility they need to stay home and care for their newborn or adopted children. Parental benefits may be shared by EI eligible parents, and are payable to either the birth or adoptive parents while they are caring for their child.

Parental benefits cease to be payable in the tragic event that the child passes away, as care of the child is no longer required. Benefits end in the week of the death.

EI maternity benefits support a birth mother’s physical and emotional recovery for up to 15 weeks surrounding childbirth. These benefits continue to be payable in the tragic event that the child passes away because they are for the mother’s recovery from pregnancy and childbirth.

While there are no EI special benefits specifically to cover a period of bereavement, grieving parents may be eligible to receive up to 15 weeks of EI sickness benefits should they be unable to work. The sickness benefit provides income support to claimants who are unable to work due to illness, injury or quarantine, including incapacity due to emotional or psychological distress.

• Mr. Richards – Banff-Airdrie (Conservative Party of Canada) has noted that October 15th marks infant loss remembrance day.

• Private Member’s Motion (M-110) was introduced in late 2016 by Mr. Richards – Banff-Airdrie (Conservative Party of Canada). The motion instructs the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) to study the impacts on parents who have lost an infant child, as a result of Sudden Infant Death Syndrome (SIDS). It calls on HUMA to consider ways to improve the level of compassion and support for parents who have lost an infant child, including potential changes to government programs and Employment Insurance (EI).

• The Government supported the Motion (M-110), introduced in late 2016 by Mr. Richards, and HUMA conducted a study in Fall 2018 and the Committee tabled its report entitled: “Supporting Families After the Loss of a Child” on February 7, 2019. The Government of Canada tabled its response on June 7, 2019.

• EI Maternity benefits are payable up to 15 weeks to eligible birth mothers to support physical and/or emotional recovery during the weeks surrounding birth. Benefits continue to be payable in the tragic event that the child dies.

• EI Parental benefits are payable to either the birth or adoptive parents, following the birth or placement of a child or children, parents can choose between 35 weeks of standard parental benefits or 61 weeks of extended parental benefits. Parental benefits cease to be payable at the end of the week of the death of the child.

• EI Sickness benefits are payable for up to 15 weeks to individuals who are unable to work due to illness or injury, including situations of pronounced psychological or emotional distress.