Employment Standards Act - Maternity and Parental Leave
Labour and Immigration
Last Verified:
2004-06-30
Act:
Employment Standards Act
Regulation:
Manitoba Labour
To Whom Does This Apply?
All new Parents in the Manitoba workforce.
Eligible Activities
Maternity Leave
A pregnant employee who has been employed by the same employer for at least 7 consecutive months is entitled to 17 weeks of unpaid maternity leave. Maternity leave may begin any time during the 17 weeks before the expected delivery day, and end no later than 17 weeks after the date of delivery. The employee must provide written notice to her employer at least 4 weeks before the start of maternity leave.
Parental Leave
An additional 37 weeks unpaid parental leave is available to mothers and fathers (including adoptive parents) who have been employed for the same employer for at least 7 consecutive months. A mother's parental leave must follow immediately after her maternity leave unless she and her employer agree to a different arrangement. Fathers may take parental leave at any time within 52 weeks of the child's birth or adoption. Written notice is required at least 4 weeks before the date on which parental leave will start. An employee may end her maternity leave or his/her parental leave early by giving the employer written notice of at least two weeks, or one pay period (whichever is longer) before the day he/she wishes to end the leave.
Summary
Provincial law spells out the requirements to qualify for time off and the amount of time off employees are entitled to take when their child is born or adopted. The parental leave provisions of the Employment Standards Act allow parents in Manitoba more flexibility when taking time off to care for their newborn and newly adopted children.
TERMS AND CONDITIONS
- Maternity leave can begin as early as 17 weeks prior to the expected date of birth.
- A woman's parental leave must follow immediately after her maternity leave is completed, unless she and her employer have agreed to a different arrangement.
- A father's parental leave can be taken at the same time, a different time, or overlap the mother's parental leave.
- Parental leave must be commenced within 52 weeks of the child's birth or the date the child comes into custody, although it does not necessarily have to be completed within that time.
- You may qualify to receive Employment Insurance benefits for part of the time you are on leave. Mothers can qualify for up to 15 weeks of paid maternity benefits; up to 10 weeks of additional paid parental benefits are available to either parent or they can be split. Contact your local Human Resources Development Centre.
- Upon completion of parental leave, the employer must ensure that the employee is placed back into his or her original job or a job which is comparable, with no less than the same wages and benefits received before the leave
DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.
Manitoba Contact(s):
Manitoba Labour and Immigration
639 Park Avenue
P.O. Box 50
Beausejour, Manitoba
R0E 0C0
Telephone: (204) 268-6042
Fax: (204) 268-6045
Toll-free (information): 1-800-821-4307
Manitoba Labour and Immigration
Provincial Govt Building
304-340 9th Street
Brandon, Manitoba
R7A 6C2
Telephone: (204) 726-6370
Fax: (204) 726-6749
Toll-free (information): 1-800-821-4307
Manitoba Labour and Immigration
158 Stephen Street
Morden, Manitoba
R6M 1T3
Telephone: (204) 822-4491
Toll-free (information): 1-800-821-4307
Manitoba Labour and Immigration
59 Elizabeth Drive
P.O. Box 19
Thompson, Manitoba
R8N LX4
Telephone: (204) 677-6664
Fax: (204) 268-6045
Toll-free (information): 1-800-821-4307
Manitoba Labour and Immigration
Room 604
401 York Avenue
Winnipeg, Manitoba
R3C 0P8
Telephone: (204) 945-3352
Fax: (204) 948-3046
Toll-free (information): 1-800-821-4307
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