Canada: Jurisdictional Summary- Manitoba

Last Updated: December 19 2014
Practice Guide by Blaney McMurtry LLP

All references are to the Employment Standards Code, CCSM c E110 SM 2013, c 32, unless noted otherwise.

HOURS OF WORK 8 hours per day standard: 10(b) or any greater number: provided for in collective agreement i; prescribed by regulation or permitted by Director under s13 if no collective agreement ii.

40 hours weekly standard: 10(a) or any greater number prescribed by regulation or permitted by Director under s13. Permit issued by Director lasts 3 years or shorter term specified in permit.

Employee not covered by collective agreement who regularly works at least 35 hours per week can enter written agreement with employer exempting them from standard hours of work in s10. 14.1(1)

Any agreed alternative must not exceed 10 hours per day or 40 hours per week. 14.1(2)
EATING PERIODS 30 minute break for every 5 consecutive hours of work: 50(1) unless shorter period provided in a collective agreement or director approves a shorter period: 50(2)
REST PERIODS At least 24 consecutive hours in each week: 45; employer can apply to Director for exemption if application of 45is an undue hardship to the employer; of little or no benefit to employees in remotely located business, if a business that operates only part of the year, unduly restricts operation; or causes severe loss to business owing to the way it operates: 46

Employee is entitled to day off without pay in lieu of day of rest: 48
OVERTIME Employer must pay overtime at an hourly rate no less than 150% the employee's regular wage rate 17(1).

Employee can bank time in lieu of wages for some or all of overtime if collective agreement or written agreement provides 18(2); at no less than 150% of the overtime the employee should receive time off with pay in lieu of wages 18(3).

Time off must be taken during employee's regular hours of work within three months after the end of the pay period it was earned; or any longer period prescribed by regulation or approved by the Director 18(4)

Employer must pay employee a wage within certain time (86) at regular wage rate for any banked time employee has when his/her employment terminates; or for which employee did not receive time off with pay by the end of required period in 18(4), 18(7).

Employer may require overtime in emergency:
  1. When present or imminent situation or condition requires prompt action to avoid or limit

    1. loss of life,
    2. harm to individual's health or threat to individual's safety,
    3. serious interference with ordinary operation of employer's business;
  2. urgently required because of a present or imminent situation or condition interrupting or threatens to interrupt

    1. provision of essential service by government, agency of government, municipality or public utility, or
    2. provision of municipal services or health services
  3. where urgently required by or under an Act of the Legislature in relation to an existing or threatened disaster or emergency.
MINIMUM WAGE Employers required to pay minimum wage except as otherwise authorized under Code: 6

As of September 30, 2013 general minimum wage rate is $10.45 per hour. MR 6/2007 11
EMPLOYMENT OF CHILDREN Restricted employment of children under 16: 83(1), subject to permit from Director unless the work will adversely affect the safety, health or well-being of the child or the child is under 12: 83(2),(3); children under 16 cannot work between 11:00pm and 6:00am or for more than 20 hours during a week of school, except by special authorization by the Director: 83(4).
HOLIDAY General holiday means any of following: New Year's Day; Louis Riel Day; Good Friday; Victoria Day; Canada Day; Labour Day; Thanksgiving Day; Christmas Day; any other day designated as a general holiday (jour ferie): 21(1)

Day off given in addition to annual vacation 21(2);

Employee eligible for holiday pay in relation to general holiday unless 22(1)
  1. absent on first scheduled work day before or after holiday without consent;
  2. holiday falls on a day that would normally be a workday for the employee and the employee is scheduled or required to work on the holiday, and is absent on that day without employer's consent.
Holiday pay is normal employee wage: 23(1);

For employees with varying wages, eligible employee's holiday pay is 5% of total wages for the 4-week period immediately before the holiday:

23(2) If employee works on a general holiday, entitled to pay for the hours worked at the overtime wage rate and holiday pay for that day: 25(1)

If employee works in continuously operating business, climate-controlled agricultural business, seasonal business, place of amusement, gasoline service station, hospital, hotel or restaurant or in domestic service, the employer may
  1. pay the employee for the hours worked on the general holiday as if it were not one; and
  2. give a day off in lieu, within 30 days after the holiday with at least 2 days' notice or on another date prior to employee's next annual vacation, if the employee agrees: 25(2)
If holiday falls on a non-workday, employer must give another normal workday off with holiday pay before next annual vacation, or if it falls on a Saturday or Sunday, they must give them the next workday off after the holiday with holiday pay. 26(2)

Employer may substitute another day for a general holiday within 12 months and with holiday pay, if made on collective agreement, or with written agreement by bargaining agent or signed majority of employees: 28 (1)

If employee terminated less than 4 weeks before a general holiday, entitled to 5% of his or her total wages, excluding overtime, for the 4 week period before the holiday: 29(1)

If a construction employee, employer must pay overtime wage rate for any hours worked on a general holiday: 30
VACATION At least 2 weeks of vacation after each of first four years of employment: 34(1), and 3 weeks after five consecutive years and each year after that: 34(1) Given no later than 10 months after entitlement: 35.

Employer cannot require employee to take less than 1 week of vacation at a time: 37

When business customarily shuts down for extended period in each year, employer may require the employees to take their annual vacations during that period: 38

Pay for each week of vacation, a vacation allowance consisting of:
  1. 2% of wages that employee earned in the year related to the year they earned annual vacation
  2. if board and lodging is paid, 2% of cash value of board and lodging allowance
If terminated before taking vacation, entitled to 4% of the wages earned since date of employment or date employee was last entitled to annual vacation, whichever is later; and if employed for 5 consecutive years or longer, an additional 2% of the date calculated above: 44(2).
EQUAL PAY Employers are prohibited from paying an employee of one sex at a rate of pay less than the rate paid to an employee of the other sex if they perform substantially the same kind or quality of work. 82(2)
LEAVES OF ABSENCE PREGNANCY - 17 weeks without pay starting at due date or if delivery after due date, 17 weeks plus the time in between due date and delivery: 54(1); if employed for at least 7 consecutive months by the same employer: 53. Leave must begin no earlier than 17 weeks before the estimated due date and end no later than 17 weeks after date of delivery: 54(2).

Employees required to give 4 weeks' written notice prior to leave and medical certificate with due date as soon as possible:54(3). If no prior notice given, employee still entitled if within 2 weeks after taking leave, employer is provided with a medical certificate: 55(1).

PARENTAL - 37 weeks without pay, so long as employee has been employed for at least 7 months, gives 4 weeks' written notice of leave, and in the case of an adoption, adoption is recognized under Manitoba Law 58(1). If less than 4 weeks given, entitled to 37 weeks of leave less the number of days short of 4 weeks in giving notice: 58(2). To begin no later than 1st anniversary of date child is born or adopted or comes into care and custody of employee: 58(3); Parental leave following pregnancy leave must be continuous: 59

COMPASSIONATE LEAVE - up to 8 weeks to provide care or support to a seriously ill family member if a qualified physician provides a certificate stating that the family member has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or shorter, and family member requires care or support of one or more family members: 59.2(1.1, 2, 3). Must give notice of at least one pay period: 59.2(4) Only 2 periods of leave allowed, at least 1 week at a time; must end no later than 26 weeks after day first period of leave began: 59.2(6, 7).

FAMILY LEAVE - Up to 3 days per year for health of employee or for employee to meet his or her family responsibilities with as much notice as is reasonably possible 59.3

BEREAVEMENT LEAVE - up to 3 days without pay upon death of a family member: 59.4(1); Employee must give notice of death, timing and duration of leave to be taken, and also must provide evidence upon request: 59.4(2)

RESERVIST - Employee entitled to leave without pay, after 7 months of employment, if a member of the reserve force to accommodate that service: 59.5(2). Employee must provide as much notice as is practicable, including the estimated date of resuming work: 59.5(4,3).

ORGAN DONOR - Up to 13 weeks, if already employed for 30 days 59.6 (2). Can extend if medically necessary, to a maximum of an additional 13 weeks. 59.6(6).

CITIZENSHIP CEREMONY - up to 4 hours if employed at least 30 days with at least 14 days' notice or as is reasonably practicable: 59.7.

CRITICALLY ILL CHILD CARE - Up to 37 weeks without pay, if employee has been employed for at least six months, to provide care or support to a critically ill child. Medical practitioner must provide certificate stating the child requires the care of one or more parents and setting out the period for which care is required 59.8(3)(4) Employee required to give notice in writing 59.8(5).

CRIME RELATED CHILD DEATH OR DISAPPEARANCE - Up to 104 weeks without pay, if employed for at least 30 days, if a child of the employee dies and it is probable that the child died as the result of a crime 59.9(2). Up to 52 weeks without pay, if employed for at least 30 days, if a child of the employee disappears and it is probable that the child disappeared as a result of a crime 59.9(3) Does not apply in circumstances where the employee has been charged with a crime 59.9(4).
TERMINATION/SEVERANCE Notice of termination required or wage in lieu of notice 61(1). Notice requirement is at least one week plus one additional week for each year of employment over two years, to a maximum of eight weeks: 61(2). Employee gives one week if employed less than a year or two weeks if employed one year or more: 62.1(1)

To terminate employment of 50 or more employees at once, or within a period not exceeding four weeks, must give copy of notice to the Minister and any trade union or bargaining agent: 67(1) and (3). Copies of notice must be given in advance of proposed date of termination at least:
  1. 10 weeks, if no more than 100 affected employees;
  2. 14 weeks, if more than 100 and fewer than 300 affected employees;
  3. (c) 18 weeks, if at least 300 affected employees.
EXEMPTIONS Certain categories of employees are exempt from the provisions of the Act related to hours of work, rest periods, overtime, minimum wage and vacation. These categories are prescribed by regulation MR 6/2007, ss 2-8, and are:
  1. agricultural workers and fishers
  2. volunteers and trainees
  3. camp counsellors
  4. employee in employer's residence
  5. professions: if qualified to practise and is practicing or employed in a profession governed under Act of Legislature applying to that profession
  6. family business and certain salespersons
  7. certain Crown employees
  8. Workers under the Election Act
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

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