Alberta government alters bereavement leave legislation amid abortion debate
Tue, May 10, 2022,
EDMONTON — The Alberta government is amending its bereavement bill following criticism that it allowed leave for stillbirths and miscarriages but was silent on abortions.
Labour Minister Kaycee Madu introduced an amendment Tuesday to a bill that, if passed, would allow for leave in any pregnancy that doesn’t end in a live birth.
Madu said he has heard the concerns of the bill’s critics and other stakeholders.
“With this amendment, the legislation will provide the broadest approach possible to address any situation where pregnancy ends (in) other than a live birth, regardless of the reason or timing for the end of the pregnancy,” Madu told the house as he introduced the proposed change.
“Pregnancy loss is a very difficult and highly personal circumstance,” he added.
“Employees experiencing any kind of pregnancy loss should be able to access bereavement leave without having to share the details of their circumstance with their employers.”
When Madu introduced the bill on April 21, it proposed three days of unpaid leave for parents grieving after a stillbirth or miscarriage, but didn’t specifically promise leave when a pregnancy is purposely aborted.
He said at the time that while the bill didn’t include a specific mention of abortion, that didn’t stop employers from granting bereavement leaves in those situations.
However, the Opposition NDP said that without a specific mention, some women could be in the cruel position of having to litigate to gain that right while grieving their loss.
On Tuesday, Opposition critic Sarah Hoffman said Madu’s amendment does not go far enough and needs to spell out leave for abortion to ensure there is no confusion.
“Is this (amendment) language better than where we were at before? Probably,” Hoffman told the house. “Is this our best work? I don’t think so.
“I think we could do a very good service to the people of Alberta by actually spelling out the types of pregnancy loss, including abortion and termination of pregnancy for medical reasons.”
The bill took on heightened significance last week due to events in the United States, when a draft decision was leaked to media indicating U.S. Supreme Court judges are contemplating to overturn the 1973 landmark court decision Roe vs. Wade that guarantees the right to an abortion.
NDP Leader Rachel Notley told the house last week that leaders here must be vigilant to ensure such a decision does not take root and deprive Canadian women of their reproductive rights.
She called on Premier Jason Kenney, who opposes abortion, to affirm that his United Conservative government would not act to roll back those freedoms.
Kenney declined to do so but has previously said he considers abortion a settled issue in law and that his government wouldn't act to change it.
Notley said Kenney's refusal to affirm is a warning shot for women's freedoms. Kenney has accused Notley of trying to create a fresh political wedge issue where none exists.
This report by The Canadian Press was first published May 10, 2022
Dean Bennett, The Canadian Press
Abortion will qualify for bereavement leave in proposed labour bill amendment, minister says
CBC
Tue, May 10, 2022
Alberta Labour and Immigration Minister Kaycee Madu confirmed Tuesday that a proposed amendment will allow those who have had an abortion to qualify for bereavement leave.
Madu's amendment to Bill 17, Labour Statutes Amendment Act, 2022, extends bereavement leave to any pregnancy that ends in a result other than a live birth.
"The amendment before us is the broadest approach which addresses any situation where a pregnancy ends, regardless of the reason, or the timing for the end of the pregnancy," Madu told the legislature.
"And yes, [to] the members opposite, that also includes abortion."
Madu's statement came after nearly two hours of debate mostly dominated by three female NDP MLAs: Janis Irwin of Edmonton-Highlands-Norwood, Sarah Hoffman of Edmonton-Glenora and Marie Renaud of St. Albert.
They said Madu's proposal wasn't sufficient because it didn't specify abortion and termination for medical reasons as situations where someone could take three days of unpaid leave. They called on the minister to clarify what his amendment covered.
"Is this amendment better than the bill was before the amendment? Maybe," Hoffman said. "Is this amendment our best work? I don't think so."
Bill 17, Labour Statutes Amendment Act, 2022, amends the section of the employment standards code that grants job-protected leave to employees dealing with the death of a family member.
The original version of the bill extended three days of unpaid leave to anyone affected by miscarriage and stillbirth. The proposed legislation is now in the committee of the whole stage of debate where MLAs can propose and debate amendments.
Governments don't often amend their own legislation but it does happen on occasion.
Madu said he proposed his change after talking to stakeholders including Aditi Loveridge, founder and CEO of the Pregnancy & Infant Loss Support Centre. Loveridge met with the government after reviewing the words of Bill 17 after it was introduced last month. She has called on Madu to make the language as broad and inclusive as possible.
Non-partisan debate becomes partisan
The issue of abortion has been tricky for the governing United Conservative party as a number of MLAs have a history of opposition to abortion, including Premier Jason Kenney.
The NDP hammered the government on abortion access after a leaked decision suggested the Supreme Court in the United States may overturn the landmark Roe v. Wade case.
Mark Smith, the UCP MLA for Drayton Valley-Devon, said he supported the broad language in the amendment as it allows people time to grieve the loss of a pregnancy, including women he says have regretted their abortions.
"Their grief is real," Smith said. " And the time to mourn is necessary even when, and maybe especially when, the loss of the pregnancy is the result of an abortion."
Opposition MLAs seized on Smith's statement as evidence of the government's hidden agenda on abortion. They also pointed to Kenney's reluctance to comment on the Roe v. Wade issue and his refusal to confirm whether his government would maintain access to abortion in Alberta.
Madu said he was disappointed the NDP used the debate to take swipes at the government on abortion.
"They are not interested in the substance of the amendment," he said. "They would rather make this bill that should not be a subject of partisan conversation a partisan issue."
The discussion ended without a vote on the amendment. The bill will be up for debate again in the coming days.
CBC
Tue, May 10, 2022
Alberta Labour and Immigration Minister Kaycee Madu confirmed Tuesday that a proposed amendment will allow those who have had an abortion to qualify for bereavement leave.
Madu's amendment to Bill 17, Labour Statutes Amendment Act, 2022, extends bereavement leave to any pregnancy that ends in a result other than a live birth.
"The amendment before us is the broadest approach which addresses any situation where a pregnancy ends, regardless of the reason, or the timing for the end of the pregnancy," Madu told the legislature.
"And yes, [to] the members opposite, that also includes abortion."
Madu's statement came after nearly two hours of debate mostly dominated by three female NDP MLAs: Janis Irwin of Edmonton-Highlands-Norwood, Sarah Hoffman of Edmonton-Glenora and Marie Renaud of St. Albert.
They said Madu's proposal wasn't sufficient because it didn't specify abortion and termination for medical reasons as situations where someone could take three days of unpaid leave. They called on the minister to clarify what his amendment covered.
"Is this amendment better than the bill was before the amendment? Maybe," Hoffman said. "Is this amendment our best work? I don't think so."
Bill 17, Labour Statutes Amendment Act, 2022, amends the section of the employment standards code that grants job-protected leave to employees dealing with the death of a family member.
The original version of the bill extended three days of unpaid leave to anyone affected by miscarriage and stillbirth. The proposed legislation is now in the committee of the whole stage of debate where MLAs can propose and debate amendments.
Governments don't often amend their own legislation but it does happen on occasion.
Madu said he proposed his change after talking to stakeholders including Aditi Loveridge, founder and CEO of the Pregnancy & Infant Loss Support Centre. Loveridge met with the government after reviewing the words of Bill 17 after it was introduced last month. She has called on Madu to make the language as broad and inclusive as possible.
Non-partisan debate becomes partisan
The issue of abortion has been tricky for the governing United Conservative party as a number of MLAs have a history of opposition to abortion, including Premier Jason Kenney.
The NDP hammered the government on abortion access after a leaked decision suggested the Supreme Court in the United States may overturn the landmark Roe v. Wade case.
Mark Smith, the UCP MLA for Drayton Valley-Devon, said he supported the broad language in the amendment as it allows people time to grieve the loss of a pregnancy, including women he says have regretted their abortions.
"Their grief is real," Smith said. " And the time to mourn is necessary even when, and maybe especially when, the loss of the pregnancy is the result of an abortion."
Opposition MLAs seized on Smith's statement as evidence of the government's hidden agenda on abortion. They also pointed to Kenney's reluctance to comment on the Roe v. Wade issue and his refusal to confirm whether his government would maintain access to abortion in Alberta.
Madu said he was disappointed the NDP used the debate to take swipes at the government on abortion.
"They are not interested in the substance of the amendment," he said. "They would rather make this bill that should not be a subject of partisan conversation a partisan issue."
The discussion ended without a vote on the amendment. The bill will be up for debate again in the coming days.
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