Manitoba Hansard — 42 5 b210e.php

42-5 b210e.php

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Home → Legislative Business → Bills → 42-5

Status of bills in this Session.

5th Session, 42nd 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 210

THE EMPLOYMENT STANDARDS CODE AMENDMENT ACT (LEAVE FOR MISCARRIAGE OR STILLBIRTH)

Bilingual version (PDF)

Explanatory Note

(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 before the centred heading " GENERAL " that precedes

section 60:

BEREAVEMENT LEAVE — MISCARRIAGE OR STILLBIRTH

Definition

59.14(1) In this section, "stillbirth" means a stillbirth as defined in The Vital Statistics Act .

Bereavement leave — miscarriage or stillbirth

59.14(2) An employee who has been employed by the same employer for at least 30 days may take up to three days of paid leave if

(

a) the employee's pregnancy ends in miscarriage or stillbirth; or

(

b) another person's pregnancy ends in miscarriage or stillbirth and the employee

(

i) is the person's spouse or common-law partner as defined in subsection 59.2(1),

(ii) is the person's former spouse or common-law partner and would have been a biological parent of the child born as a result of the pregnancy,

(iii) had undertaken to be the guardian of the child born as a result of the pregnancy, or

(iv) is the spouse or common-law partner of a person who had undertaken to be the guardian of the child born as a result of the pregnancy.

Amount of pay

59.14(3) The amount an employer must pay an employee for a paid day of leave under subsection (2) must not be less than

(

a) the wage the employee would have been paid had the employee worked their regular hours of work on the day of leave; or

(b) 5% of the employee's total wages, excluding overtime, for the four-week period immediately preceding the day of leave if

(

i) the number of hours worked by the employee in a normal workday varies from day to day, or

(ii) the employee's wage for regular hours of work varies from day to day.

Employer's option re leave

59.14(4) Unless a collective agreement otherwise provides and despite subsection 60(4.2), an employer who provides paid sick leave benefits or other paid leave benefits that are greater than the minimum required by this Code may require that an employee use those benefits for paid days of leave under subsection (2).

Leave for part day

59.14(5) If an employee takes any part of a day as leave under this section, the employer may count that day as a day of leave for the purpose of this section.

3 Clause 60(5)(

c) is amended by adding " or 59.14(3) " after " subsection 59.11(6) ".

4 Subsection 96.1(1) is amended by adding " or 59.14(3) " after " subsection 59.11(6) ".

5 Clause 135(1)(l.1) is amended by adding " or 59.14(2) " after " subsection 59.11(5) ".

6 Clause 144(1)(o.2.3) is amended by adding " or 59.14(7) " after " subsection 59.11(11) or (12) ".

Coming into force

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

Explanatory Note

This Bill amends The Employment Standards Code . An employee may take up to three days' paid leave if their pregnancy or the pregnancy of their spouse or common-law partner ends in miscarriage or stillbirth.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	42-5 b210e.php
Type	bill
Volume / chapter	42 5 b210e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	13c98b0db7744a840c05455abf6c8796fe857760

Source file is stored in the law ingest library (html).