Fact Sheet


Leave for Organ Donation


Leave for organ donation allows employees to take unpaid leave to donate an organ or tissue to another individual.





Who qualifies for leave for Organ Donation?

Employees who have worked for their employer for at least 30 days. Employees must provide a certificate from a doctor stating the start and end dates for the period of time necessary to donate the organ and recover from the procedure.


How do employees start a leave for organ donation?

The need for this type of leave can be unpredictable. Employees must give their employer as much written notice as possible and a certificate from a doctor stating the start and end dates for the period of time necessary to donate the organ and recover from the procedure. 


How long is the leave?

The leave is up to 13 weeks. The employee can take leave for the period of time stated in the doctor's certificate.


If employees have not recovered, can this leave be extended?

Employees are entitled to extend their leave by up to an additional 13 weeks, if a doctor provides another certificate stating the time period needed to finish recovering. 


Does the employer need to pay during the leave?

Only Domestic Violence Leave has a paid portion.  Employers are not required to pay wages during any other protected leave, although may choose to provide greater standards or wages than those set out in the legislation.  For all leaves, employers must provide the time off and allow employees to return to their job when the leave has ended.


What happens when the leave ends?

Employees must be allowed to return to their job, or a comparable job, with the same or greater benefits and pay, when they return from leave. Employers may not discriminate or attempt to punish employees for taking a leave.


What if an employee wants to end the Leave for Organ Donation early?

Employees who wish to return to work before their leave has ended must give their employer written notice of their intent at least one pay period before the day he or she wishes to end the leave.


What if the employee's job is no longer available?

Employees must be given a position that is comparable with the same pay and benefits if the job they were doing prior to the leave is no longer available. There may be some circumstances where employers do not have a position available for reasons completely unrelated to the leave. For example, employees who are on unpaid leave would not necessarily be protected from losing their jobs if the employer shut down part of their operations and reduced their workforce based on a seniority system.

Employers must show the leave has no impact on the decision to lay-off or terminate the employment.


What if the employer refuses to bring the employee back to work?

Employees must be allowed to return to their job, or a comparable job, with the same or greater benefits and pay when they return from leave. Employers may not discriminate or attempt to punish employees for taking a leave.


How does an unpaid leave affect...

  • Termination?

When it comes to how much notice an employer or an employee has to give upon termination, the amount of time spent on the leave has to be included in determining the length of service. See the Termination of Employment fact sheet for more details.

  • Vacation?

The leave does not affect the amount of vacation time an employee is entitled to, as the time spent on leave is included in the employee’s length of service.  However, since vacation pay is a percentage of wages earned, the leave will affect the vacation pay.  See the Vacations & Vacation Pay fact sheet for more details.


What happens to pension and other benefits while an employee is on leave?

While employees are on leave the employment is deemed to be continuous. When employees return from the leave, they are still entitled to any benefits they had before the leave and their years of service include the time away on the leave.


Is the employer required to keep information related to the leave confidential?

Yes.  Unless it is required by law or the employee has given consent, employers cannot disclose information related to a leave except to other persons in the workplace who need it to carry out their duties.


What is a period of employment?

The length of time from when an employee starts working for an employer until the day the employment ends.

The period of employment also includes periods of temporary interruption in employment (a layoff, an unpaid leave) seasonal employment, and when an employee returns to work for the same employer after a break of less than two months.  Employees who work in a seasonal industry and return to work with the same employer each season have continuous service. Each consecutive season they return adds one more year of service to their total period of employment.


For more information contact Employment Standards:

Phone:     204-945-3352 or toll free in Canada 1-800-821-4307

Fax:           204-948-3046

E-mail:     employmentstandards@gov.mb.ca

Website:  www.manitoba.ca/labour/standards

This is a general overview and the information used is subject to change. For detailed information, please refer to current legislation including The Employment Standards Code, The Construction Industry Wages Act , The Worker Recruitment and Protection Act, or contact Employment Standards.


Available in alternate formats
upon request.

 


Date Published: May 25, 2017