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S.M. 2021, c. 10
Bill 73, 3rd Session, 42nd Legislature
The Employment Standards Code Amendment Act (COVID-19 Vaccination Leave)
This note was written as a reader's aid to the Bill and is not part of the law.
This Bill amends The Employment Standards Code to entitle an employee to up to three hours of paid leave for each time the employee is vaccinated against COVID-19.
The job protection for an employee who is temporarily unable to work due to circumstances related to the COVID-19 pandemic is expanded to include leave for employees who suffer side effects after receiving a COVID-19 vaccine.
The amendments remain in effect until they are repealed by proclamation.
(Assented to May 12, 2021)
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.
Subsection 59.12(2) is amended by adding the following after clause (b.1):
(b.2) the employee is absent from work as a result of the side effects from being vaccinated against COVID-19;
The following is added after section 59.12 and before the centred heading that follows it:
An employee is entitled to paid leave for the purpose of being vaccinated against the communicable disease known as COVID-19.
Paid leave under this section is for the amount of time the employee is required to be absent from work, up to a maximum of three hours for each time the employee is vaccinated.
For each hour or part of an hour of paid leave that an employee is entitled to receive under this section, the employer must pay the employee
(a) the regular wage rate that applies to the employee's regular hours of work during the pay period in which the leave occurs; or
(b) if the employee's wage for regular hours of work varies from pay period to pay period, the employee's average hourly wage as determined by the following formula:
average hourly wage = A/B
In this formula,
is the employee's total wages, excluding overtime wages, for the four-week period immediately before the leave began;
is the total number of regular hours of work worked by the employee during the four-week period immediately before the leave began.
Employee to give notice to employer
An employee who wishes to take a leave under this section must give the employer as much notice as is reasonable and practicable in the circumstances.
If requested by the employer, the employee must, as soon as practicable, provide evidence of the employee's entitlement to the leave.
Subsection 60(3.1) is amended by adding the following after clause (f):
(g) section 59.13 (COVID-19 vaccination leave);
Repeal of COVID-19 vaccination leave
Section 59.13 and clause 60(3.1)(g) of The Employment Standards Code, as enacted by sections 3 and 4 of this Act, are repealed.
Coming into force — royal assent
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Section 5 comes into force on a day to be fixed by proclamation.