Domestic violence employment leave

In Manitoba, if you are a worker and you are the victim of domestic violence, you have the right to take leave from work (including up to five days with pay) in order to get help.

Effective June 1, 2016, changes to Manitoba’s Employment Standards Code ensure any worker who is the victim of domestic violence (regardless of gender) has the right to access employment leave. Domestic violence employment leave can be used for one or more of the following purposes:

■   To seek medical attention for the worker or her/his children related to domestic violence;
■   To obtain services from a victim services organization (e.g. abuse shelter);
■   To obtain psychological or other professional counselling;
■   To relocate (either temporarily or permanently);
■   To get help from law enforcement or to seek legal assistance (including preparing for, or participating in, related civil or criminal proceedings); or
■   For other purposes that may be prescribed in Regulation.

You can take up to 10 days of employment leave all at once or as you need it. If you need more time, you can take a further leave of up to 17 weeks in one continuous period. A worker must have been employed by the same employer for at least 90 days to qualify, and must give the employer as much notice as is reasonable and practical in the circumstances.

You are entitled to be paid for up to five (5) days of domestic violence employment leave; any other leave taken will be unpaid. It is the worker’s responsibility to notify the employer of which days (up to a maximum of five) are to be paid. When taking paid leave, the worker must provide verification of the need for the leave. Employers may also require verification when unpaid leave is taken.*

Employers are required to maintain confidentiality with respect to all matters related to accessing domestic violence leave.

Help spread the word, so workers know their rights, and victims can access the help they need:

Poster  available for download - to display at your workplace and union office

Fact Sheet  available for download

For more information, you can contact the Manitoba Employment Standards Branch:

Phone:    204-945-3352
                 1-800-821-4307 (Toll free)
E-Mail:     EmploymentStandards@gov.mb.ca
Web:        www.gov.mb.ca/labour/standards/

* Regulations may be developed in the future to specify what type of verification is required, but so far, no rules have been developed in this regard.

 

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