Vacation pay in Manitoba

Manitoba vacation pay is different for two different groups of employees: those who’ve worked at a company for at least one year, and those who’ve worked at a company for more than five years. After one year of employment, employees are entitled to at least two weeks of time off, and vacation pay is calculated as 4% of gross wages, excluding overtime. After five years of employment, employees are entitled to at least three weeks of time off, and vacation pay is calculated as 6% of gross wages, excluding overtime. Employees who’ve worked at a company for less than one year are not legally entitled to vacation pay or time off, even though many modern employers offer this as a perk regardless. Vacation needs to be taken within ten months of it being earned, and employees must work together with their employer to agree on when the vacation will be taken. If an agreement cannot be reached, the employer can choose the dates but must give at least 15 days’ notice. Vacation can also be rolled into an annual shutdown, which is more common in the resource and agricultural industries. Employers must determine whether vacation pay is included on every cheque, or paid out at the time of the actual leave being taken. If it isn’t taken in full at the time of an employee’s termination, it must be paid in full at that time.

Severance/termination pay in Manitoba

Much of what an employer is obligated to pay when the time comes to terminate an employee’s working contract depends on how long the employee has worked at the company. This not only affects the notice period that needs to be given, but also the total payout due to the employee. Payment is equal to what would normally have been earned during the notice period, and employees are able to decide whether to work out the full notice period, leave and receive wages in lieu of working out the notice period, or some combination of the two. In some industries, where information is confidential, employers may choose to dismiss an employee and “walk them out” of the office so as to prevent the theft of intellectual property. In instances like this, the employee receives the full amount owed to them according to the notice period and does not need to work during the notice period. If you’ve worked at least 30 days but less than one year, you are entitled to at least a one-week notice period. If you’ve worked at least one year but less than three years, you are entitled to at least a two-week notice period. If you’ve worked at least three years but less than five years, you are entitled to at least a four-week notice period. If you’ve worked at least five years but less than ten years, you are entitled to at least a six-week notice period. If you’ve worked ten years or more, you are entitled to at least an eight-week notice period. It is unlawful to terminate an employee without giving adequate notice, and you must pay out at least the minimum severance based on the corresponding notice period. There are, however, circumstances where notice is not required:

• For temporary or contract employment, where the working relationship is only for a specific and pre-defined period of time
• When employees make their own schedules, such as for on-call workers
• For temporary layoffs, as long as the layoff is clearly articulated as being temporary
• If the termination is for just cause, which is reserved for more serious cases of breach of contract like theft, workplace violence, conflicts of interest, subordination, or perpetual neglect of responsibilities

It’s also important to keep in mind that other laws can have an impact on termination, such as the Human Rights Code, Workplace Safety and Health Act and the Labour Relations Act. If you’re unsure about what your rights are under this and other employment legislation, speak to a lawyer. When the employee is the one resigning or terminating the employment contract, there are specific notice periods they must give. If it’s within the first 30 days of employment, no notice is required. Beyond 30 days but after less than one year of employment, at least one week’s notice is required. After one year of employment, at least two weeks’ notice is required. Regardless of the notice period given, it’s illegal for employers to withhold wages from employees who quit without appropriate notice.

Statutory holidays in Manitoba

There are a total of eight “General Holidays” on Manitoba’s employment calendar: New Year’s Day, Louis Riel Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, and Christmas Day. On these days, whether they work or not, employees are entitled to General Holiday pay (detailed below). Additionally, there are three days that are often confused as being General Holidays: Easter Sunday, Terry Fox Day, and Boxing Day. Employees who do not work on these days do not have to be paid, and it’s up to employers to determine whether they treat these days as General Holidays. General Holiday pay is calculated as 5% of total wages, not including overtime, in the four weeks that immediately precede the holiday. All employees, regardless of circumstances, are entitled to General Holiday pay whether they work or not on the holiday in question. The only exceptions to this are if the employee is scheduled to work on the holiday but is absent without employer permission, or if the employee is absent from their last scheduled day before, or first scheduled day after, the holiday in question without permission. Most employers pay their workers General Holiday pay plus “ time and a half ” (1.5x their regular wage for time worked). Those in certain workplaces, like gas stations, hotels, restaurants, amusement/tourist attractions or in a seasonal industry receive regular wages if they work on a General Holiday, so long as they receive a different day off with General Holiday pay in the 30 days after the holiday in question.

Mandatory food and rest breaks in Manitoba

For every five hours worked, employees must receive a 30-minute unpaid break—the only one required by the Employment Standards Code. Any other breaks, whether for coffee, rest, or other meals, are at the employer’s discretion. It’s up to the employee to spend their 30-minute break judiciously, and to make sure they don’t need others during the day.

Manitoba pay deductions

There are specific circumstances under which employers can make deductions from an employee’s wages. Deductions for any other reason are unlawful. Employers can make deductions from wages for:

• Legally required federal remittances (such as income tax, employment insurance, and CPP)
• Court-authorized payments (such as garnishes or bankruptcy)
• Cash advances or overpaid wages
• Something initiated and agreed to by the employee that directly benefits them (like corporate RRSP matching or health and dental benefits)

It is illegal for employers to deduct pay for:

• Damage to company-owned assets (vehicles, tools, or other equipment)
• Losses from traffic accidents or tickets received while driving company-owned vehicles
• Faulty or inadequate work
• Theft by customers
• Cash and inventory shortfalls
• PPE, safety equipment, uniforms, or other special items of attire
• Business supplies
• Educational expenses with only an employer benefit

Protected leaves of absence in Manitoba

Significant events in an employee’s life may cause them to qualify for one of the 12 protected types of leave under the Employment Standards Code. If an employee decides to take this leave, they are not at risk of losing their job and must be reinstated at their full pay and position upon return. Depending on the type of leave being requested, an employee must have worked for the company for a certain time before being eligible. The employee must inform the employer of their need to take the leave, and employers require details and sometimes supporting documentation from a physician or lawyer to demonstrate that the requested leave is appropriate. Employers cannot dictate when an employee takes leave, unlike other forms of time off. To qualify for maternity leave, which only pregnant employees can take, an employee must have been with the company for at least seven months. They receive up to 17 weeks off during a pregnancy to prepare for the birth of a child. To qualify for parental leave, which both parents are eligible to take, an employee must have been with the company for at least seven months. They receive up to 63 weeks to care for their newborn child. To qualify for family leave, an employee must have been with the company for at least 30 days. They receive up to three days to deal with family responsibilities or a personal illness in the family. To qualify for bereavement leave, an employee must have been with the company for at least 30 days. They receive up to three days to deal with the death of a family member. To qualify for compassionate care leave, an employee must have been with the company for at least 90 days. They receive up to 28 weeks to help care for a seriously ill family member. To qualify for long-term serious injury or illness leave, an employee must have been with the company for at least 90 days. They receive up to 17 weeks to recover from a serious injury or illness. A doctor’s note helps tremendously in this circumstance. To qualify for domestic violence leave, an employee must have been with the company for at least 90 days. There are two components to this leave, respectively allowing up to 10 days and up to 17 weeks to address situations involving violence or the threat of violence at home. To qualify for citizenship leave, an employee must be a new Canadian and must have been with the company for at least 30 days. They receive up to four hours to receive their certificate of citizenship and/or attend the citizenship ceremony. To qualify for child death or disappearance leave, an employee must have been with the company for at least 30 days. They receive 52 or 104 weeks to deal with the death or disappearance of their child if it resulted from crime. To qualify for reservist leave, an employee must have been with the company for at least seven months. They are given as much time as needed for their required service if they’re in the Canadian Forces Reserves. To qualify for organ donation leave, an employee must have been with the company for at least 30 days. They receive up to 13 weeks to donate an organ or tissue and recover from the operation. To qualify for critical illness leave, an employee must have been with the company for at least 30 days if caring for a child or 90 days if caring for an adult. They receive 37 weeks to care for a critically ill child or 17 weeks to care for a critically ill adult.

What to remember

If you’re an employer in Manitoba, it’s crucial that you make yourself aware of, and comply with, the province’s employment standards. Failure to comply can result in legal ramifications that will end up costing you significantly more time and money to correct than remaining compliant in the first place.