3rd Session, 43rd Legislature

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Bill 201

THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT (RIGHT TO RELIGIOUS OBSERVANCE)

(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   Subsection 28(1) is amended by adding "by employer" after "holiday" in the section heading.

3   The following is added after section 28:

Definition

28.1(1)   In this section and in section 28.2, "religious observance day" means a day for religious holiday observance by the religious denomination with which an employee is affiliated.

Substitution of religious observance day for Good Friday

28.1(2)   If an employee does not observe the general holiday of Good Friday, the employee may request in writing that the employer substitute one religious observance day within 12 months after Good Friday.

Substitution of religious observance day for Christmas Day

28.1(3)   If an employee does not observe the general holiday of Christmas Day, the employee may request in writing that the employer substitute one religious observance day within 12 months after Christmas Day.

Time to submit

28.1(4)   The request in subsection (2) or (3) must be submitted not later than 30 days before the general holiday.

Information required

28.1(5)   The employee's written request must include information identifying

(a) the date of the general holiday requested to be substituted for a religious observance day;

(b) the date proposed to be substituted as a religious observance day; and

(c) any other prescribed information.

Employer must reasonably accommodate employee

28.1(6)   In response to the request, the employer must reasonably accommodate the employee if the accommodation does not cause undue hardship to the employer.

Decision and reasons

28.1(7)   The employer must give to the employee written notice of the employer's decision to approve or deny the request within seven days after the request is received. If the request is denied, the employer must provide reasons.

Substituted day is general holiday

28.2(1)   A religious observance day that is substituted for a general holiday under section 28.1 is a general holiday for the purpose of this Code.

Wage rate if business operates on Good Friday or Christmas Day

28.2(2)   If a business operates on the general holiday of either Good Friday or Christmas Day, or both, and an employee requests a substituted religious observance day, the employer must pay the employee

(a) holiday pay for the substituted religious observance day; and

(b) the regular wage rate for the hours worked on Good Friday or Christmas Day.

Holiday pay if business does not operate on Good Friday or Christmas Day

28.2(3)   If a business does not operate on the general holiday of Good Friday or Christmas Day, the employer must pay holiday pay for the general holiday or the substituted religious observance day, but not both.

4   The heading for Division 12 is replaced with "RETAIL EMPLOYEES' RIGHT TO REFUSE TO WORK ON DAY OF RELIGIOUS OBSERVANCE".

5(1)   Subsection 81(1) is replaced with the following:

Retail employees may refuse to work on day of religious observance

81(1)   Subject to the regulations, an employee in a retail business establishment may refuse to work on a Friday, Saturday or Sunday as a day of religious observance if the employee gives the employer

(a) at least 14 days' notice before the applicable Friday, Saturday or Sunday; or

(b) as much notice as is reasonable and practicable in the circumstances if the employee is scheduled to work less than 14 days before the day of religious observance.

5(2)   Subsections 81(2) and (3) are amended by striking out "a Sunday" and substituting "the day of religious observance".

6   The following is added after Division 12:

DIVISION 12.1
EMPLOYEES' OBSERVANCE OF RELIGIOUS PRACTICE

Reasonable accommodation for religious practice

81.1   An employer must reasonably accommodate the observance by an employee during the workday of the religious practice of the religious denomination with which the employee is affiliated if the observance does not unduly restrict the operation of the business.

Reasonable accommodation for religious clothing

81.2   An employer must reasonably accommodate an employee wearing clothing in accordance with their religious observance if the accommodation does not unduly restrict the operation of the business and complies with The Workplace Safety and Health Act and the regulations under that Act or any other applicable enactment.

7   Clause 92(1)(b.1) of the English version is amended by striking out "Sunday" and substituting "day of religious observance".

Consequential amendment, C.C.S.M. c. R80

8   Section 3.3 of The Remembrance Day Act is amended by striking out "Sunday" and substituting "a day of religious observance".

Coming into force

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