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Second Session, Thirty-Seventh 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.

BILL 2

THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT


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         Section 53 is amended by striking out "12 consecutive months" and substituting "seven consecutive months".

3         The following is added after section 57:

End of maternity leave

57.1(1)   An employee's maternity leave ends

(a) 17 weeks after it began; or

(b) if clause 54(1)(b) applies, 17 weeks after it began plus the additional time provided for in that clause.

Ending leave early

57.1(2)   An employee may end her maternity leave earlier than the day set out in subsection (1) by giving her employer written notice at least two weeks or one pay period, whichever is longer, before the day she wishes to end the leave.

4(1)      Subsection 58(1) is amended

(a) in the part before clause (a), by striking out "17 continuous weeks" and substituting "37 continuous weeks"; and

(b) in clause (a), by striking out "12 consecutive months" and substituting "seven consecutive months".

4(2)      Subsection 58(2) is amended by striking out "17 weeks of parental leave" and substituting "37 weeks of parental leave".

5         The following is added after section 59:

End of parental leave

59.1(1)   An employee's parental leave ends

(a) 37 weeks after it began; or

(b) if subsection 58(2) applies, 37 weeks after it began less the number of days provided for in that subsection.

Ending leave early

59.1(2)   An employee may end his or her parental leave earlier than the day set out in subsection (1) by giving the employer written notice at least two weeks or one pay period, whichever is longer, before the day the employee wishes to end the leave.

Coming into force

6         This Act comes into force on December 31, 2000.

Explanatory Note

This Bill increases an employee's entitlement to unpaid parental leave from 17 weeks to 37 weeks.  It also decreases the qualifying period for maternity and parental leave from 12 months to seven months of employment, and permits an employee who is on maternity or parental leave to return to work early by giving the employer written notice of at least two weeks or one pay period, whichever is longer.