Canadian Payroll Reporter

3 Canadian HR Reporter, a Thomson Reuters business 2016 Manitoba proposes job-protected time off work for domestic violence victims Change to amendments would be first for Canada BY SHEILA BRAWN EMPLOYEES IN MANITOBA who are victims of domestic violence may soon be able to take time off work to deal with the problem without having to worry about losing their job or, in some cases, their pay. The Manitoba legislature is considering amendments to the province's Employment Stan- dards Code that would add leave for domestic violence to the list of job-protected leaves governed by the legislation. If passed, the province would be the first in Canada to implement a leave spe- cifically for domestic violence. Labour and Immigration Minister Erna Braun tabled Bill 8, The Employment Standards Code Amendment Act (Leave for Victims of Domestic Vio- lence, Leave for Serious Injury or Illness and Extension of Com- passionate Care Leave), in the Manitoba Legislative Assembly in late November. "When there is violence at home, you shouldn't have to worry about holding onto your job as you escape and rebuild," Braun said. "This proposed first- in-Canada legislation would ensure that victims of domestic violence have financial security, job protection and flexibility to take time away from work to re- cover from violence." The time off would consist of two leaves, one for up to 10 days and another for up to 17 weeks. The leaves would be available in each 52-week period. Eligible employees would be allowed to take the 10 days off in one con- tinuous period or intermittently as needed, but they would have to take the 17-week leave in one unbroken period. Employers would have to pay employees for up to five days of the leave. There would be no requirement to pay for the remaining days. "Paid leave is an important component of this bill as it will help provide victims with short- term financial stability during an initial crisis or an emerging situation, such as when a victim takes steps to leave an abusive relationship or relocates to a safe place," Braun said. Workers could only take the leave for certain reasons related to domestic violence, includ- ing to seek medical care or psy- chological or other professional counseling, to obtain help from a victim services organization, to temporarily or permanently relocate, or to seek legal or law enforcement assistance. To be eligible for the leave, an employee would have to be a victim of domestic violence and have been employed by the same employer for at least 90 days. Em- ployees who wished to take the leave would have to give their em- ployer as much notice as would be practicable in the situation. To be paid for up to five days, an employee would have to spe- cifically request it when notify- ing the employer of the leave and provide their employer with reasonable proof of the need for the leave. For an unpaid leave, employ- ees would only have to provide proof of the need for the leave if their employer required it. The government would have the authority to create regulations specifying the type of proof an employee would have to provide. For the paid days of leave, the amount an employer would have to pay would be equal to the em- ployee's wages for regular hours of work on those days. If the hours of work or wages varied from day to day, the pay would be equal to five per cent of the employee's total wages, exclud- ing overtime, for the four weeks immediately before the leave. If an employer provided em- ployees with paid sick leave ben- efits or other paid leave benefits that exceed employment stan- dards minimums (such as more paid vacation than required by law), the employer could require employees to use those benefits for their paid days of domestic violence leave. Labour groups have ap- plauded the legislation, saying it will give victims of domestic violence the time and space they need to seek help. Barb Byers, secretary-trea- surer of the Canadian Labour Congress (CLC), said, "(Research shows) that a significant number of workers experience domestic violence, and that the violence follows people to work, putting jobs and workplace safety at risk." Domestic violence survey The CLC and Western Univer- sity in London, Ont., did a sur- vey on domestic violence in the workplace. The results, released in 2014, found Canadian em- ployers lose $77.9 million a year to the direct and indirect im- pacts of domestic violence. The survey, Can Work be Safe when Home Isn't?, found that 33.6 per cent of respondents re- ported they had experienced do- mestic violence from an intimate partner and 35.4 per cent said they had at least one co-worker who they believed was currently facing domestic violence or had in the past. Of those who reported do- mestic violence, 38 per cent said it affected their ability to go to work and 8.5 per cent said they lost their job because of it. The survey also found three-quarters of respondents said they thought workplace supports such as paid leave and safety policies could reduce the impact of domestic violence on the lives of workers. Business groups cautious Business representatives have been more cautious about the proposed leave. The Manitoba Chambers of Commerce de- clined to comment on the bill, saying it needed to do more re- search on the issue. Cory Kolt, the organization's director of policy and communications, said that since there was little to no consultation with busi- ness before the government an- nounced plans for the leave in its throne speech last fall, busi- nesses do not yet have a full un- derstanding of how the bill could impact them. News CPR | January 2016 see PENALTIES page 8 Credit: Josef Hanus/Shutterstock

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