The Employment Standards Code Amendment Act (Attachment Leave for Adoption and Surrogacy)
Chamber
manitoba
Stage
Introduced
This Manitoba bill gives employees up to 16 weeks of unpaid leave when they adopt a child or receive a child through surrogacy.
Key Changes
- Creates a new 'Attachment Leave for Adoption and Surrogacy' of up to 16 continuous unpaid weeks for eligible employees
- Defines 'placement' to include adoption, surrogacy births, and any other government-prescribed circumstances
- Requires at least seven consecutive months of employment with the same employer to qualify
- Allows leave to begin up to six weeks before the expected placement date
- Allows employees already on parental leave to interrupt it, take attachment leave, and then resume parental leave
- Gives the government power to make regulations defining additional qualifying events and circumstances
Gotchas
- The leave is unpaid — employees receive no wages from their employer during this time, though they may qualify for federal Employment Insurance benefits separately
- If the placement falls through while the employee is already on leave, they can still take up to two more weeks of leave after being informed
- If two or more children are placed in the same week (e.g., sibling adoption), the employee is only entitled to one leave period, not multiple
- Employees on parental leave when the law comes into force can interrupt that leave to take attachment leave, which is a transitional protection but could create scheduling complexity for employers
- The government can expand the definition of qualifying 'placement' events through regulation, meaning the scope of who qualifies could change without a new vote in the legislature
Who's Affected
- Manitoba employees who are adopting a child
- Manitoba employees who are having a child through surrogacy
- Employers in Manitoba who must accommodate this new leave
- Employees who may already be on parental leave when this law takes effect
Vibes
0 responses
Gotchas
- The leave is unpaid — employees receive no wages from their employer during this time, though they may qualify for federal Employment Insurance benefits separately
- If the placement falls through while the employee is already on leave, they can still take up to two more weeks of leave after being informed
- If two or more children are placed in the same week (e.g., sibling adoption), the employee is only entitled to one leave period, not multiple
- Employees on parental leave when the law comes into force can interrupt that leave to take attachment leave, which is a transitional protection but could create scheduling complexity for employers
- The government can expand the definition of qualifying 'placement' events through regulation, meaning the scope of who qualifies could change without a new vote in the legislature
Summary
This bill changes Manitoba's Employment Standards Code to create a new type of job-protected leave called 'Attachment Leave for Adoption and Surrogacy.' Employees who have worked for the same employer for at least seven consecutive months can take up to 16 weeks of unpaid time off when a child is placed in their care through adoption or when a surrogate gives birth to their child. The leave can start up to six weeks before the expected placement date and must end no later than 16 weeks after the child actually arrives. The bill was introduced to give adoptive parents and parents using surrogacy similar leave protections to those available to biological parents. Previously, these parents may not have had a dedicated leave category that recognized the time needed to bond with and care for a newly placed child before or instead of parental leave. Employees must give at least four weeks' written notice to their employer before starting the leave, though exceptions are allowed if circumstances require shorter notice. Employers can ask for reasonable evidence that the employee qualifies for the leave. Employees can also end the leave early by giving at least two weeks' notice.
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Vibes
0 responses