Manitoba Leave Laws
Paid federal statutory holidays
- New Year’s Day – 1st January
- Good Friday – 2 days before Easter Sunday
- Victoria Day – Monday preceding May 25th
- Canada Day – 1st July
- Labour Day – first Monday of September
- Thanksgiving Day – second Monday of October
- Remembrance Day – 11th November
- Christmas Day – 25th December
- Boxing Day – 26th December
Provincial Paid holidays
Manitoba has an additional holiday:
- Louis Riel Day- 3rd Monday of February (this is Family day in some other provinces)
- Remembrance Day and Boxing day are not official holidays. If the employee works on Remembrance Day: Half of the workday at 1.5 times x regular rate.
- The first Monday of August (Civic Holiday) is not an official statutory holiday in Manitoba.
Only the following types of business can stay open on a holiday (or Sunday):
Establishments with educational, recreational or amusement purposes; Laundromats; Pharmacies; Restaurants; Retail stores selling nursery or garden supplies and accessories; produce; or gasoline and related goods for motor vehicles; Tourism and recreational facilities; Vehicle rental, repair and service shops.
To be eligible to work and receive stat pay, the employee must have:
- Worked the scheduled shift before and after the holiday
Eligible Pay Rate and/or Entitlement:
- If the holiday falls on a regular workday: Daily wage + 1.5 times regular rate (additional one day paid leave is subject to the agreement with employer)
- If the holiday falls on a non-working day: One day paid leave (taken before the next annual vacation)
In Manitoba, employees are entitled to 2 consecutive weeks of vacation leave after the first year of employment and 3 consecutive weeks of leave after five years of employment.
Employees are entitled to vacation pay of 4% of gross wages for the first five years of employment and 6 % of gross wages after five years of employment.
The rollover policy
- Statutory Provisions Addressing Vacation Pay
Vacation is considered earned wages.
- Use-It-or-Lose-It Policy
In Canada is illegal to use the policy.
- Payment of Accrued Vacation upon Termination
The employee’s earnings must be paid upon termination of employment.
- Vacation and PTO
Vacation pay is calculated as a percentage of the gross wages an employee earns during the “year of employment”.
- Personal leave and Family leave – Sick Leave
Employers are required to provide eligible employees with up to 3 days per year of unpaid Family leave to take care of the needs of the employees’ family or personal illness. A medical certificate is required.
Maternity, Paternity, FMLA
Maternity Leave Employers are required to provide pregnant employees with up to 17 weeks of unpaid maternity leave. Leave can begin up to 17 weeks before the expected birth date and the latest that a leave can last is 17 weeks after the birth. Employees are eligible for leave if they have worked with the same employer for at least seven consecutive months. Employees are entitled to receive additional days equal to the number of days between the expected date and the birth. Employees are required to provide a 4 weeks written notice.
Parental Leave Employers are required to provide employees with up to 63 weeks of unpaid leave to care for a child after birth or adoption. Leave has to be taken in one continuous period. Birth mothers are allowed to take parental leave immediately following the maternity leave. Parental leave can begin up to 18 months after the birth or adoption of a child. Employees must provide at least four weeks’ written notice prior to leave.
Jury Duty Leave
All employers must allow employees to take unpaid leave in order to attend court as jurors.
Employers are required to provide employees with up to three days of unpaid bereavement leave to deal with the death of a family member. Employees are eligible for leave if they have been employed for at least 30 days with the same employer. Employees may be requested to provide a reasonable verification, such as an obituary.
Leave related to death or disappearance of a child
Employees who have worked for the same employer for at least 30 days, and are a parent of a child under 18 years old who has disappeared or died as a result of a crime under the Criminal Code are entitled to receive up to 52 weeks of job-protected unpaid leave due to a disappearance of a child and up to 104 weeks of job-protected unpaid leave due to a death of a child. Employees must provide reasonable verification of the need for leave.
Compassionate care leave, Leave Related to Critical Illness of a Child and Interpersonal Violence Leave
Compassionate care leave
Employees can take up to 28 weeks of unpaid job-protected leave to care for or support a family member who has a serious medical condition with a significant risk of death within the next 26 weeks. Leave may be taken in one or two periods that must be at least one-week long. Employees are eligible for leave if they have worked for the same employer for at least 90 days. Employees must provide a medical certificate, providing information about the family member’s health condition, risk of death within the next 26 weeks and the need for care and support.
Leave Related to Critical Illness of a Child
The employer is required to provide employees with up to 37 weeks of unpaid leave within a 52 week period to provide care or support to a critically ill child under 18 years old and up to 17 weeks of unpaid leave within a 52 week period to provide care or support to a critically ill adult. Employees are eligible to take leave related to the critical illness of a child if they have worked for the same employer for at least 30 days. For leave related to the critical illness of an adult, employees have to be employed for at least 90 days.
If the family member remains critically ill after the 52 week period, the leave can be taken again.
A medical certificate is required.
Interpersonal Violence Leave
Employers are required to provide eligible employees with paid and unpaid Interpersonal violence leave. Leave applies to domestic violence, sexual violence, and stalking. Leave has two parts:
- Up to 10 consecutive days or taken intermittently in a 52 week period
- up to 17 weeks in a 52 week period in one continuous period
Employees are entitled to up to 5 days of paid leave in a 52 week period. Employees are eligible if they have worked for the same employer for at least 90 days.
Leave may be taken for the following reasons:
- to seek medical attention in respect of a physical or psychological injury or disability;
- to obtain services from a victim services organization;
- to obtain psychological or other professional counseling;
- to relocate temporarily or permanently;
- 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; or
- any other purpose prescribed in the regulation.
Reasonable verification is needed.
Employers are required to provide employees who are members of the Canadian Forces Reserves with job-protected unpaid leave in order to take part in active duty or training. Leave can be taken as long as the members continue to serve. There is no restriction on length. Employees are eligible for leave if they have worked for the same employer for seven consecutive months. Employers must reinstate employees to a previous position or a similar one with the same benefits and wages as they had before the leave. Employees must provide written notice and may be required to provide a certificate.