5th Session, 42nd Legislature
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THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT (LEAVE FOR MISCARRIAGE OR STILLBIRTH)
|Bilingual version (PDF)||Explanatory Note|
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Employment Standards Code is amended by this Act.
2 The following is added before the centred heading "GENERAL" that precedes section 60:
BEREAVEMENT LEAVE — MISCARRIAGE OR STILLBIRTH
59.14(1) In this section, "stillbirth" means a stillbirth as defined in The Vital Statistics Act.
59.14(2) An employee who has been employed by the same employer for at least 30 days may take up to three days of paid leave if
(a) the employee's pregnancy ends in miscarriage or stillbirth; or
(b) another person's pregnancy ends in miscarriage or stillbirth and the employee
(i) is the person's spouse or common-law partner as defined in subsection 59.2(1),
(ii) is the person's former spouse or common-law partner and would have been a biological parent of the child born as a result of the pregnancy,
(iii) had undertaken to be the guardian of the child born as a result of the pregnancy, or
(iv) is the spouse or common-law partner of a person who had undertaken to be the guardian of the child born as a result of the pregnancy.
59.14(3) The amount an employer must pay an employee for a paid day of leave under subsection (2) must not be less than
(a) the wage the employee would have been paid had the employee worked their regular hours of work on the day of leave; or
(b) 5% of the employee's total wages, excluding overtime, for the four-week period immediately preceding the day of leave if
(i) the number of hours worked by the employee in a normal workday varies from day to day, or
(ii) the employee's wage for regular hours of work varies from day to day.
59.14(4) Unless a collective agreement otherwise provides and despite subsection 60(4.2), an employer who provides paid sick leave benefits or other paid leave benefits that are greater than the minimum required by this Code may require that an employee use those benefits for paid days of leave under subsection (2).
59.14(5) If an employee takes any part of a day as leave under this section, the employer may count that day as a day of leave for the purpose of this section.
3 Clause 60(5)(c) is amended by adding "or 59.14(3)" after "subsection 59.11(6)".
4 Subsection 96.1(1) is amended by adding "or 59.14(3)" after "subsection 59.11(6)".
5 Clause 135(1)(l.1) is amended by adding "or 59.14(2)" after "subsection 59.11(5)".
6 Clause 144(1)(o.2.3) is amended by adding "or 59.14(7)" after "subsection 59.11(11) or (12)".
7 This Act comes into force on the day it receives royal assent.
This Bill amends The Employment Standards Code. An employee may take up to three days' paid leave if their pregnancy or the pregnancy of their spouse or common-law partner ends in miscarriage or stillbirth.