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The Employment Standards Code Amendment Act (Unpaid Leave for Reservists)

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S.M. 2020, c. 27

Bill 211, 3rd Session, 42nd Legislature

The Employment Standards Code Amendment Act (Unpaid Leave for Reservists)

Explanatory Note

This note is a reader's aid and is not part of the law.

Before this enactment, The Employment Standards Code permitted a member of the Reserves to take an unpaid leave of absence from their employment for active duty or training.

This Act

  • clarifies when a leave can be taken; and
  • reduces the minimum consecutive employment period required for leave from seven to three months.

(Assented to December 3, 2020)

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(1)

The definition "service" in subsection 59.5(1) is replaced with the following:

"service" means

(a) active duty;

(b) military skills training; or

(c) treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from active duty or military skills training. (« service »)

2(2)

Clause 59.5(2)(b) is amended by striking out "seven" and substituting "three".

3

Clause 144(1)(o.2.1) is replaced with the following:

(o.2.1) respecting unpaid leave for reservists, including

(i) prescribing conditions or limits for leaves under section 59.5,

(ii) defining "active duty" for the purpose of clause (a) of the definition "service" in subsection 59.5(1), and

(iii) defining "military skills training" for the purpose of clause (b) of the definition "service" in subsection 59.5(1);

Coming into force

4

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