FRANCAIS

January 05, 2004

Manitoba’s new legislation to provide unpaid compassionate care leave and to improve job protection for workers returning from maternity or parental leave, or from caring for a family member at risk of death, took effect yesterday.

"The new legislation reduces the vulnerability of Manitobans who choose to exercise their maternity and parental leave options," said Labour and Immigration Minister Nancy Allan. "At the same time, our introduction of unpaid compassionate care leave offers a new range of options for Manitobans responding to major family health situations."

Under the new compassionate care leave legislation:

• a person must be employed at least 30 calendar days to be eligible;
• the leave is for a maximum of eight weeks and may be broken into two periods with a minimum length of one week;
• the employee is required to provide a medical certificate from the physician of the ill family member verifying that there is a significant risk of death and that "care or support" is required;
• the employee must provide notice, if circumstances permit, of at least one pay period or more; and
• unless otherwise agreed, the employee will provide 48 hours’ notice if he or she returns from the leave early.

Individuals who believe their rights have been violated can ask the provincial Employment Standards Branch to investigate complaints. The branch will either dismiss the complaint or issue an order for loss and/or reinstatement. Decisions may be appealed by either party to the Manitoba Labour Board.

Under federal legislation which went into effect yesterday, new changes to the Employment Insurance Act provide up to six weeks of compassionate care benefits for individuals taking leave to care for a family member with a significant risk of death within 26 weeks.

"We needed to ensure that Manitobans qualified for unpaid time off and could apply for the new federal benefits to reduce the financial impact during these stressful times," said Allan. "Manitoba workplaces are constantly evolving; the needs of employers and employees continually change; and the province’s legislation must respond to this process in a realistic and tangible manner."

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