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S.M. 1990-91, c. 7
Bill 23, 1st Session, 35th Legislature
The Employment Standards Amendment Act (2)
(Assented to December 14, 1990)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Employment Standards Act is amended by this Act.
Section 36 is amended by striking out "11 weeks" and substituting "17 weeks" in subsection (2) and clause (3)(a).
Sections 37 and 38 repealed and substituted
Sections 37 and 38 are repealed and the following is substituted:
Every employee
(a) who,
(i) in the case of a female employee, becomes the natural mother of a child,
(ii) in the case of a male employee, becomes the natural father of a child or assumes actual care and custody of his new-born child, or
(iii) adopts a child under the law of a province; and
(b) who completes 12 consecutive months of employment for or with an employer; and
(c) who submits to the employer an application in writing for parental leave at least 4 weeks before the day specified in the application as the day on which the employee intends to commence the leave;
is entitled to, and shall be granted, parental leave consisting of a continuous period of up to 17 weeks.
Subject to subsection 38(1), parental leave must commence no later than the first anniversary date of the birth or adoption of the child or of the date on which the child comes into the actual care and custody of the employee.
Application of subsections 36(6) to (11)
Subsections 36(6) to (11) apply, with such modifications as the circumstances require, to parental leave under this section.
Total leave period must be continuons
Where an employee intends to take parental leave in addition to maternity leave, the employee must commence the parental leave immediately on expiry of the maternity leave without a return to work after expiry of the maternity leave and before commencement of the parental leave, unless the employee and the employer otherwise agree or an applicable collective agreement otherwise provides.
Subsection (1) does not apply to an employee who, before November 18, 1990, commences a maternity leave under subsection 36(1) and gives birth.
Late applications for parental leave
Where an application for parental leave under subsection 37(1) is not made in accordance with clause 37(1)(c), the employee is nonetheless entitled to, and upon application to the employer shall be granted, parental leave under section 37 for the portion of the leave period that remains under subsection 37(1) at the time the application is made.
This Act comes into force on royal assent.
Subject to subsection (3), notwithstanding the coming into force of this Act after November 18, 1990, the amendments made by this Act apply in respect of employees who, before the coming into force of this Act, commence maternity leave under section 36, paternity leave under section 37 or adoptive leave under the section 38, as these sections exist before the coming into force of this Act and who are on leave at the time this Act comes into force.
Where, on the coming into force of this Act, an employee is on paternity leave under section 37 as it exists before the coming into force of this Act, the paternity leave becomes, on the coming into force of this Act, a parental leave under subsection 37(1) and the leave period may be extended by the employee, on reasonable notice to the employer, to a maximum continuous period of 17 weeks inclusive of the period taken as paternity leave.