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S.M. 2019, c. 26
Bill 7, 2 nd Session, 42nd Legislature
The Employment Standards Code Amendment Act (Leave for Victims of Interpersonal Violence)
This note is a reader's aid and is not part of the law.
Currently, an employee who is a victim of domestic violence may take a leave from work under The Employment Standards Code. This Act expands leave eligibility to an employee who is a victim of sexual violence or stalking.
In the Act, these three forms of violence are collectively referred to as interpersonal violence.
In addition, an employee may now take a leave to assist their child or other dependant who experiences or is exposed to interpersonal violence.
(Assented to December 5, 2019)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Employment Standards Code is amended by this Act.
The centred heading before section 59.11 is replaced with "INTERPERSONAL VIOLENCE LEAVE".
Subsections 59.11(1) to (3) are replaced with the following:
The following definitions apply in this section.
"common-law partner" has the same meaning as in section 59.2. (« conjoint de fait »)
(a) a child of the employee;
(b) a child of the employee's spouse or common-law partner;
(c) any person under 18 years of age who is under the care and control of the employee;
(d) any person who is 18 years of age or older, and who, because of illness, disability or any other reason, is under the day-to-day care and control of the employee; and
(e) any other prescribed person. (« personne à charge »)
"interpersonal violence" means
(a) domestic violence, being violence that occurs when a person is subjected to an act or omission mentioned in subsection 2(1.1) of The Domestic Violence and Stalking Act by another person who
(i) is cohabiting or has cohabited with the person in a spousal, conjugal or intimate relationship,
(ii) has or had a family relationship with the person, in which they have lived together,
(iii) has or had a family relationship with the person, in which they have not lived together,
(iv) has or had a dating relationship with the person, whether or not they have ever lived together, or
(v) is the other biological or adoptive parent of their child, regardless of their marital status or whether they have ever lived together;
(b) stalking within the meaning of subsection 2(2) of The Domestic Violence and Stalking Act, including the conduct referred to in subsection 2(3) of that Act; and
(c) any sexual act or act targeting a person's sexuality, gender identity or gender expression — whether the act is physical or psychological in nature — that is committed, threatened or attempted against a person without the person's consent, and includes sexual assault, sexual harassment, indecent exposure, voyeurism and sexual exploitation. (« violence interpersonnelle »)
An employee is entitled to interpersonal violence leave if
(a) the employee or a dependant is a victim of interpersonal violence; and
(b) the employee has been employed by the same employer for at least 90 days.
An employee is entitled to both the following periods of interpersonal violence leave in each 52-week period:
(a) leave of up to 10 days, which the employee may choose to take intermittently or in one continuous period;
(b) leave of up to 17 weeks to be taken in one continuous period.
Purposes for which leave may be taken
An employee may take an interpersonal violence leave for only one or more of the following purposes, as those purposes relate to the employee or to a dependant:
(a) to seek medical attention in respect of a physical or psychological injury or disability;
(b) to obtain services from a victim services organization;
(c) to obtain psychological or other professional counselling;
(d) to relocate temporarily or permanently;
(e) to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the interpersonal violence;
(f) any other prescribed purpose.
Child exposed to interpersonal violence
For the purpose of this section, a child is also considered to be a victim of interpersonal violence if they are directly or indirectly exposed to interpersonal violence experienced by
(a) a parent as defined in subsection 59.9(1);
(b) a parent or child of a person referred to in clause (a);
(c) a spouse or common-law partner of the child;
(d) a child of the child; or
(e) any other person who lives with the child as a member of their family.
Subsection 144(1) is amended
(a) by adding the following after clause (o.2.1):
(o.2.1.1) by prescribing persons for the purpose of clause (e) of the definition "dependant" in subsection 59.11(1);
(b) in clause (o.2.2) of the English version, by striking out "domestic violence leave" and substituting "interpersonal violence leave".
This Act comes into force on the day it receives royal assent.