UTGB Vol 5.pdf - Robson Hall Faculty of Law

A growing portion of the labour force is made up of women, and women have
particular needs that are of concern to society as a whole. An interruption of
employment due to maternity can no longer be regarded as a matter of individual
responsibility. 118
In fact, a growing number of provinces (B.C., Quebec, and New Brunswick)
have removed eligibility thresholds for maternity and parental leave and for
other leaves (e.g., Ontario has no eligibility threshold for family
medical/compassionate care leave) in recognition of their discriminatory
impact. It appears that even Manitoba has recognized that the trend is toward
lower, if any, eligibility thresholds, as evidenced by the fact that the new
compassionate care leave (which corresponds to the federal benefits for
compassionate care of a terminally ill family member) can be taken by any
employee who has worked for an employer during the previous 30 calendar
days. 119 We call upon the Manitoba government to uphold equality rights by
removing the eligibility threshold for maternity and parental leave (currently
seven months with the same employer) and other leaves.
Finally, the Code should be amended to require employers to give employees at
least five paid sick days per year. This basic protection is particularly important
for low income, vulnerable workers who often go to work when they are
extremely ill because they do not want to lose their job and cannot afford to be
sick. Bereavement leave of five paid days per year (not to be carried over if
unused) should also be provided so that all workers, including low;income
workers, are provided with some necessary time to grieve the loss of a family
member.
VI. CONCLUSION: MAKING GOOD ON THE PROMISE TO
MANITOBA WORKERS
In conclusion, we welcome this Review and the opportunity to make these
submissions. As set out in our submissions, we think i: is dear that there is
much to be done to bring Manitoba's employment standards legislation into
compliance with the substantive equality guarantees of the Charter, the trends
in other Canadian jurisdictions and at the Supreme Court, and international
human rights law. We urge this Review to make the necessary
recommendations to protect the fundamental rights and interests of Manitoba
workers and to remedy the current ineffectiveness of the Code in a variety of
118
Ibid. at para. 66.
119
Government of Manitoba, Employment Standards Fact Sheet: Compassionate Care Leave,
online: Government of Manitoba .