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The Employment Standards Code Amendment Act (Unpaid Leave Related to Donating an Organ)

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S.M. 2010, c. 38

Bill 227, 4th Session, 39th Legislature

The Employment Standards Code Amendment Act (Unpaid Leave Related to Donating an Organ)

(Assented to June 17, 2010)

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

Interpretation

59.6(1)     For the purpose of this section, an employee donates an organ when he or she undergoes a surgical procedure that involves the removal of an organ or tissue from the employee for the purpose of it being transplanted into another individual.

Unpaid leave for donating an organ

59.6(2)     An employee who has been employed by the same employer for at least 30 days is entitled to unpaid leave of up to 13 weeks for the purpose of donating an organ.

Notice and medical certificate to be given to employer

59.6(3)     An employee who wishes to take a leave under this section must give the employer

(a) in writing, as much notice as is reasonable and practicable in the circumstances; and

(b) a medical certificate stating the start date and end date of the period necessary for the employee to donate the organ and recover from the procedure.

Length of leave

59.6(4)     The employee is entitled to take leave for the period set out in the medical certificate.

Extending leave

59.6(5)     The employee is entitled to extend his or her leave if, in respect of the period certified under clause (3)(b) coming to an end, the employee gives the employer a medical certificate stating that the employee requires an additional specified period to recover from donating an organ.

Extensions not to total more than 13 weeks

59.6(6)     A leave may be extended more than once, but the total extension period must not exceed 13 weeks.

Notice to employer — minimum period

59.6(7)     An employee who wishes to extend a leave must give the employer written notice at least one pay period before extending the leave, if reasonable and practicable in the circumstances.

When extended leave ends

59.6(8)     An extended leave ends on the day specified in the most recent medical certificate given to the employer.

Ending leave early

59.6(9)     The employee may end the leave earlier than provided in subsections (4) or (8) by giving the employer written notice at least one pay period before the day he or she wishes to end the leave.

Coming into force

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