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:
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| 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)
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
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:
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| 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:
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| 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:
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