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First Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 12

THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT (LEAVE FOR RESERVISTS)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E110 amended

1           The Employment Standards Code is amended by this Act.

2           The following is added after section 59.4:

UNPAID LEAVE FOR RESERVIST

Definitions

59.5(1      ) The following definitions apply in this section.

"Reserves" means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force. (« Réserve »)

"service" means active duty or training in the Reserves. (« service »)

Unpaid leave for reservist

59.5(2)     An employee who

(a) is a member of the Reserves;

(b) has been employed by the same employer in civilian employment for at least seven consecutive months; and

(c) is required to be absent from work for the purpose of service;

is entitled, subject to the regulations, to an unpaid period of leave for the purpose of that service.

Length of leave

59.5(3)     Subject to the regulations, the period of leave for the purpose of service is the period necessary to accommodate the period of service.

Notice of leave for service

59.5(4)     An employee wishing to take a leave under this section must give the employer, in writing, as much notice as is reasonable and practicable in the circumstances.  The employer may require the employee to provide reasonable verification of the necessity of the leave, including a certificate from an official with the Reserves stating

(a) that the employee is a member of the Reserves and is required for service; and

(b) if possible, the expected start and end dates for the period of service.

Return to work after notice

59.5(5)     An employee on a leave under this section must give the employer written notice of the expected date of return to work.  The employer may defer the employee's return to work by up to two weeks or one pay period, whichever is longer, after receiving the notice.

3           The following is added after clause 144(1)(o.2):

(o.2.1) prescribing conditions or limits for leaves under section 59.5 (reservists);

Coming into force

4           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Employment Standards Code to provide job protection for members of the reserve force of the Canadian Forces.  It gives them a right to an unpaid leave to participate in training or active duty in the reserves.