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The Employment Standards Code Amendment Act (Leave Related to the Critical Illness, Death or Disappearance of a Child)

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S.M. 2012, c. 45

Bill 3, 2nd Session, 40th Legislature

The Employment Standards Code Amendment Act (Leave Related to the Critical Illness, Death or Disappearance of a Child)

(Assented to December 6, 2012)

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 as section 59.8:

LEAVE RELATED TO CRITICAL ILLNESS OF CHILD

Definitions

59.8(1)     The following definitions apply in this section.

"common-law partner" has the same meaning as in section 59.2. (« conjoint de fait »)

"critically ill child" has the same meaning as in the regulations made under the Employment Insurance Act (Canada). (« enfant gravement malade »)

"physician" means a physician who provides care to a child and who is entitled to practise medicine under the laws of the jurisdiction in which the care is provided. (« médecin »)

Employee entitled to leave related to critical illness of a child

59.8(2)     An employee is entitled to a leave under this section if the employee, in relation to a critically ill child, is

(a) a parent of the child;

(b) the spouse or common-law partner of a parent of the child;

(c) a person with whom the child has been placed for the purposes of adoption;

(d) the guardian or a foster parent of the child; or

(e) a person who has the care, custody or control of the child, and is considered to be like a close relative, whether or not they are related by blood or adoption.

Entitlement to leave

59.8(3)     An employee who has been employed by the same employer for at least 30 days is entitled to a leave of absence from employment of up to 37 weeks to provide care or support to a critically ill child.

Physician's certificate

59.8(4)     For an employee to be eligible for leave, a physician must issue a certificate

(a) stating that the child is a critically ill child and requires the care or support of the employee; and

(b) setting out the period during which the child requires that care or support.

Employee to give notice to employer

59.8(5)     An employee who wishes to take a leave under this section must give the employer notice of at least one pay period, unless circumstances necessitate a shorter period.

Employee to provide physician's certificate

59.8(6)     The employee must give the employer a copy of the physician's certificate as soon as possible.

Ending leave early

59.8(7)     Unless the employee and employer agree otherwise, an employee may end a leave earlier than the expiry of 37 weeks by giving the employer written notice at least one pay period before he or she wishes to end the leave.

3           The following is added as section 59.9:

LEAVE RELATED TO DEATH OR DISAPPEARANCE OF CHILD

Definitions

59.9(1)     The following definitions apply in this section.

"child" means a person who is under 18 years of age. (« enfant »)

"common-law partner" has the same meaning as in section 59.2. (« conjoint de fait »)

"crime" means an offence under the Criminal Code (Canada). (« crime »)

"parent" means

(a) a parent of a child;

(b) the spouse or common-law partner of a parent of a child;

(c) a person with whom a child has been placed for the purposes of adoption;

(d) the guardian or a foster parent of a child; or

(e) a person who has the care, custody or control of a child, and is considered to be like a close relative, whether or not they are related by blood or adoption. (« parent »)

Entitlement to leave — death of child

59.9(2)     An employee who has been employed by the same employer for at least 30 days is entitled to a leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.

Entitlement to leave — disappearance of child

59.9(3)     An employee who has been employed by the same employer for at least 30 days is entitled to a leave of absence from employment of up to 52 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.

Exception

59.9(4)     An employee is not entitled to a leave of absence under this section if he or she is charged with the crime.

Employee to give notice to employer

59.9(5)     An employee who wishes to take a leave under this section must give the employer notice of at least one pay period, unless circumstances necessitate a shorter period.

Verification

59.9(6)     The employee must provide the employer with reasonable verification of the necessity of the leave as soon as possible.

Ending leave early

59.9(7)     Unless the employee and employer agree otherwise, an employee may end a leave earlier than the expiry of the leave period by giving the employer written notice at least one pay period before he or she wishes to end the leave.

Coming into force

4(1)        In this section, "federal Act" means Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations, 1st Session, 41st Parliament, 2012.

Coming into force — royal assent

4(2)        This Act, except sections 2 and 3, comes into force on the day it receives royal assent.

Coming into force — section 2

4(3)        Section 2 comes into force on the same day that section 18 of the federal Act comes into force.

Coming into force — section 3

4(4)        Section 3 comes into force on the same day that section 6 of the federal Act comes into force.