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Fourth 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 227

THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT (UNPAID LEAVE RELATED TO DONATING AN ORGAN)


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 59.5 and before the centred heading "GENERAL":

UNPAID LEAVE FOR ORGAN DONATION

Definitions

59.6(1)     The following definitions apply in this section.

"organ" means a kidney, liver, lung, pancreas, small bowel or another organ or type of human tissue that is prescribed in the regulations. (« organe »)

"organ donation" means the donation of all or part of an organ to an individual. (« don d'organe »)

Unpaid leave for organ donation

59.6(2)     An employee who undergoes surgery for organ donation is entitled to the prescribed period of unpaid leave if

(a) the employee has been employed by the employer for at least 90 days; and

(b) the leave is necessary for the health of the employee.

Notice to employer

59.6(3)     An employee who wishes to take a leave under subsection (2) must give the employer 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.

Leave for part day

59.6(4)     If an employee takes any part of a day as leave under this section, the employer may count it as a full day of leave.

Extending period of leave

59.6(5)     When the leave described in subsection (2) ends, if a legally qualified medical practitioner issues a certificate stating that the employee is not yet able to perform the duties of his or her position because of the organ donation and will not be able to do so for a specified time, the employee is entitled to extend the leave for the specified time.

Leave may not be extended beyond 90 days

59.6(6)     The employee's leave may be extended more than once under subsection (5), but the total extension period must not exceed 90 days.

Ending leave early

59.6(7)     The employee may end the leave earlier than provided in subsection (2) by giving the employer written notice at least two weeks before the day the employee wishes to end the leave.

Notice to employer — minimum period

59.6(8)     An employee who wishes to take leave under subsection (2) or to extend a leave under subsection (5) must give the employer written notice at least two weeks before beginning or extending the leave, if possible.

Notice to employer after starting or extending leave

59.6(9)     If the employee must begin or extend the leave before being able to notify his or her employer, the employee must advise the employer of the matter in writing as soon as possible after beginning or extending the leave.

Duty to provide certificate

59.6(10)    When the employer requests a certificate under subsection (5), the employee must provide it as soon as possible.

Regulations

59.6(11)    The Lieutenant Governor in Council may make regulations

(a) for the purpose of this section, prescribing one or more periods of leave and different periods with respect to the donation of different organs;

(b) for the purpose of the definition "organ" in subsection (1), prescribing other organs or types of human tissue;

(c) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section.

Coming into force

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

Explanatory Note

This Bill amends The Employment Standards Code to allow an unpaid leave of absence for an employee who undergoes surgery to donate an organ. The allowable length of the leave is to be prescribed by regulation.