Job-protected leave for organ donors in effect in Manitoba

Donors can take up to 13 weeks of unpaid leave

The jobs of Manitobans who take unpaid leave from work to donate organs and tissue will be protected under an amendment to the Employment Standards Code that took effect this month.

"Most employers in the province would voluntarily provide unpaid leave to employees who are donating potentially life-saving organs or tissues for transplantation, and this legislation formally recognizes the need for job-protected leave in this type of situation," said Minister of Labour and Immigration Jennifer Howard.

The amendment was introduced as a private member's bill by member of the legislative assembly Kevin Lamoureux.

Manitoba is only the second Canadian jurisdiction to provide job-protected leave specifically for living organ and tissue donors in its employment standards legislation.

Organ- and tissue-donor leave gives employees the opportunity to take up to 13 weeks of unpaid time while they prepare for, undergo and recover from transplant surgery. This leave can be extended by up to 13 additional weeks if recommended by a physician. If individuals want to end the leave early, they must provide employers with written notice of their intent to return at least one pay period before they return.

Employees must have worked for the same employer for at least 30 days to qualify. As with other leave provisions, employees must be allowed to return to their job or a comparable job with the same or greater benefits and pay.

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