3rd Session, 43rd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 10

THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT (ATTACHMENT LEAVE FOR ADOPTION AND SURROGACY)

(Assented to                                         )

HIS 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 57.1 and before the centred heading that follows it:

ATTACHMENT LEAVE FOR ADOPTION AND SURROGACY

Meaning of "placement"

57.2(1)   In this section, "placement" means

(a) the placement of a child into an employee's care for the purposes of adoption;

(b) the arrival of a newborn child of an employee into the employee's care where the person who gave birth to the child is a surrogate; or

(c) the occurrence of any other prescribed event or prescribed circumstances.

Entitlement to leave

57.2(2)   An employee who has been employed by the same employer for at least seven consecutive months is entitled to an unpaid leave of absence of up to 16 continuous weeks for carrying out responsibilities related to a placement.

Earliest that leave may begin

57.2(3)   A leave under this section must begin not earlier than six weeks before the estimated date of the placement or, if the placement occurs more than six weeks before the estimated date, not earlier than the actual date of the placement.

Latest that leave may end

57.2(4)   A leave under this section must end not later than 16 weeks after the actual date of the placement.

Notice to employer

57.2(5)   An employee who wishes to take a leave under this section must give the employer written notice at least four weeks before the day the leave is to begin, unless circumstances necessitate a shorter period of notice.

If notice not given

57.2(6)   An employee who does not give the employer notice before stopping work because of a placement, or who gives the employer less notice than is required under subsection (5), is still entitled to a leave under this section beginning on the day that the employee stops working.

Evidence

57.2(7)   If requested by the employer, an employee taking a leave under this section must, as soon as practicable, provide evidence reasonable in the circumstances of the employee's entitlement to the leave.

Ending leave early

57.2(8)   An employee may end their leave under this section earlier than the expiry of 16 weeks 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.

If placement will not occur

57.2(9)   If, during a leave under this section, the employee is informed that the placement will not occur, the employee may continue the leave for two weeks after the day the employee is so informed. The employee must notify the employer of their return date as soon as practicable.

More than one placement

57.2(10)   An employee is entitled to only one leave under this section in respect of the placement of two or more children if

(a) the placements occur in the same week; or

(b) the placements occur in other prescribed circumstances.

3   Subsection 58(3) of the English version is amended by striking out "and custody".

4   Section 59 is amended

(a) by replacing the section heading of the English version with "Parental leave must be continuous with maternity or attachment leave"; and

(b) by striking out "maternity leave and parental leave shall" and substituting "maternity leave or attachment leave for adoption and surrogacy as well as parental leave must".

5   Subsection 59.1(1.1) is repealed.

6   The following is added before clause 144(1)(o.1):

(o.0.2) respecting attachment leave for adoption and surrogacy, including

(i) prescribing other events and circumstances for the purpose of clause (c) of the definition "placement" in subsection 57.2(1), and

(ii) prescribing other circumstances for the purpose of clause 57.2(10)(b);

Transitional — employee on parental leave

7   An employee who, on the day this Act comes into force, is on parental leave under section 58 of The Employment Standards Code and is eligible for attachment leave for adoption and surrogacy under section 57.2 of The Employment Standards Code, as enacted by section 2 of this Act, may interrupt their parental leave to take attachment leave. Their parental leave resumes immediately after the attachment leave ends.

Coming into force

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