Recent Changes to Bereavement Leave in Manitoba

On May 30, 2023, an amendment to bereavement leave entitlements under The Employment Standards Code (the “Code”) came into effect. The amendment expands existing bereavement leave entitlements upon the death… Learn More

Author(s):  Megan Smith
This article was co-written by TDS LLP summer student, Robyn Otto.

published 06/22/2023

On May 30, 2023, an amendment to bereavement leave entitlements under The Employment Standards Code (the “Code”) came into effect. The amendment expands existing bereavement leave entitlements upon the death of a family member and creates a new form of bereavement leave for the loss of a pregnancy.

Provincially regulated employers in Manitoba will want to take note of the changes and make necessary amendments to any existing policies or employee handbooks that address leave entitlements.

Expanded bereavement leave

Employees are now eligible for five days of unpaid leave for the death of a family member. This is an increase from the three days of unpaid leave that were previously allotted under the Code.

Bereavement leave for loss of pregnancy

An employee may now take up to five days of unpaid leave if they or their spouse or common-law partner experiences the loss of a pregnancy. The five-day unpaid leave entitlement also applies to an employee who had undertaken to be the guardian of the child born as a result of the pregnancy as well as the spouse or common-law partner of that person. If there has been a relationship breakdown since the pregnancy began, the former spouse or common-law partner of the person who experiences the loss of the pregnancy and the current spouse or common-law partner of the former spouse or common-law partner are also eligible for five days of unpaid leave.

The changes do not set any conditions on the length of a pregnancy before an employee is eligible for the unpaid leave. However, an employee must have been employed with the employer for at least 30 days to be entitled to bereavement leave.

Additional obligations

Employers should remain aware that in addition to the protected leave entitlements under the Code, they may have obligations to employees experiencing loss, pursuant to The Human Rights Code. For example, an employee who has experienced a pregnancy loss and is experiencing physical or mental health disability may be entitled to additional unpaid leave or other reasonable accommodation.

Thompson Dorfman Sweatman LLP frequently assists employers with navigating requests for leave or other forms of accommodation. Should you have any questions with respect to the application of these changes, please do not hesitate to reach out; one of our employment lawyers will be happy to assist.  

action-icon

Interested in early access to articles such as these? Stay up to date with our newsletter! Sign up for the TDS Digest newsletter, which is sent out five times per year. Our flagship newsletter shares recent news, events and articles covering various topics. Sign up today.


DISCLAIMER: This article is presented for informational purposes only. The content does not constitute legal advice or solicitation and does not create a solicitor client relationship. The views expressed are solely the authors’ and should not be attributed to any other party, including Thompson Dorfman Sweatman LLP (TDS), its affiliate companies or its clients. The authors make no guarantees regarding the accuracy or adequacy of the information contained herein or linked to via this article. The authors are not able to provide free legal advice. If you are seeking advice on specific matters, please contact Keith LaBossiere, CEO & Managing Partner at kdl@tdslaw.com, or 204.934.2587. Please be aware that any unsolicited information sent to the author(s) cannot be considered to be solicitor-client privileged.

While care is taken to ensure the accuracy for the purposes stated, before relying upon these articles, you should seek and be guided by legal advice based on your specific circumstances. We would be pleased to provide you with our assistance on any of the issues raised in these articles.

The Author(s)

Related Service Areas