Parental leave in Manitoba allows new parents to take unpaid time off from work to care for their newborn or adopted child — without the risk of losing their job. While unpaid, this leave plays a vital role in supporting family bonding, child development, and a healthy work-life balance.
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This article provides a comprehensive breakdown of Manitoba’s parental leave laws, who qualifies, how long the leave is, and what happens before, during, and after your leave.
What Is the Difference Between Maternity Leave and Parental Leave in Manitoba?
- Maternity Leave: Unpaid leave taken by a pregnant employee near the end of their pregnancy or immediately after childbirth.
- Parental Leave: Unpaid leave taken by either parent, including adoptive parents, to care for a child after birth or adoption.
Parental leave may be taken in addition to maternity leave, provided the employee qualifies for both.
Who Qualifies for Parental Leave in Manitoba?
To be eligible for parental leave, employees must:
- Have worked for the same employer for at least seven consecutive months.
- Have become a parent through birth or adoption.
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How Long Is Parental Leave in Manitoba?
As of June 4, 2018, parental leave in Manitoba is:
- Up to 63 weeks in duration.
- Must be taken as one continuous period.
If an employee also takes maternity leave, the parental leave must begin immediately after maternity leave ends, unless the employer agrees otherwise.
Do Employees Get Paid During Parental Leave?
No. Under The Employment Standards Code, employers are not required to pay employees during parental leave. The law only guarantees job protection and a return to work after the leave.
However, federal programs such as Employment Insurance (EI) parental benefits may provide income support during this time.
Are There Financial Support Programs During Parental Leave?
Yes. While employers are not obligated to pay wages during parental leave, Service Canada offers EI Parental Benefits to eligible parents. These benefits provide partial income replacement.
To learn more, contact:
- Service Canada: 1-800-622-6232 (1-800-O-Canada)
- Or visit: https://www.canada.ca/en/services/benefits/ei/ei-parental.html
How to Start Parental Leave in Manitoba
To begin parental leave:
- The employee must give at least four weeks’ written notice to the employer before the leave begins.
- The leave must start within 18 months of the child’s birth or adoption.
- If the employee took maternity leave, parental leave must immediately follow unless otherwise agreed upon.
Who Determines the Type of Leave?
The employee must notify the employer about the type of leave they’re taking. Employers can ask for enough information to confirm the time off meets legal requirements.
Employers cannot refuse statutory leave, but they can manage other types of absences, such as vacation or personal leave.
What If Employees Don’t Provide Notice?
Employees are still entitled to parental leave, but the total leave period may be reduced:
- If only two weeks’ notice is given instead of four, the total leave may be shortened by two weeks (to 61 weeks instead of 63).
What Happens When Parental Leave Ends?
Upon returning to work, employees must be:
- Reinstated to the same position they held before the leave; or
- Placed in a comparable position with equal or greater pay and benefits.
What If Employees Want to End Leave Early?
Employees can return to work earlier than planned if they:
- Provide at least two weeks’ written notice (or one pay period, whichever is longer) to their employer before returning.
What If the Employee’s Job No Longer Exists?
If the employee’s previous job is no longer available due to factors unrelated to the leave (e.g., layoffs, restructuring):
- They must be given a comparable position with equal or greater pay and benefits.
- Employers must prove the leave was not a factor in the job loss.
What If the Employer Refuses to Reinstate the Employee?
If an employer fails to reinstate the employee after leave:
- The employee can file a complaint with Manitoba Employment Standards.
- Complaints must be filed within six months of the expected return date.
How Does an Unpaid Leave Affect Termination, Vacation, and Benefits?
Termination
- Leave time counts toward service.
- Employers must include leave periods when calculating termination notice.
Vacation
- Employees continue to accumulate vacation entitlement based on service time.
- However, since vacation pay is based on wages earned, the unpaid leave period will reduce the dollar amount of vacation pay.
Pension & Benefits
- Employment is considered continuous during parental leave.
- Employees remain eligible for benefits and pension plans as before.
- Years of service include time on leave.
Is Parental Leave Information Confidential?
Yes. Employers must keep all leave-related information confidential, unless:
- Required by law, or
- The employee consents to the disclosure.
What Is Considered a Period of Employment?
The period of employment includes:
- The time from the start date to the last day of employment.
- Any temporary interruptions like leaves, layoffs, or seasonal breaks of less than two months.
- For seasonal workers returning to the same employer, service is considered continuous.
If a layoff exceeds 8 weeks in a 16-week period, it becomes a termination, and the period of employment ends on the date the layoff began.
Final Thoughts: Know Your Rights Under Manitoba Parental Leave Laws
Manitoba’s parental leave protections offer essential security for growing families. While the leave is unpaid, programs like EI parental benefits can help replace lost income. Employees have the right to take time off, return to their jobs, and keep their service-related benefits intact.
If you’re planning to take parental leave, it’s important to give timely written notice, understand your benefits, and communicate clearly with your employer.
Need help or have questions?
Contact Manitoba Employment Standards for more information:
- Website: www.gov.mb.ca/labour/standards
- Phone: 204-945-3352 or toll-free 1-800-821-4307