In Manitoba, most employees are entitled to up to 3 days of unpaid Family Leave each year for personal illness or family responsibilities after 30 days on the job. For more serious conditions, the Long-Term Illness and Injury Leave protects your job for up to 27 weeks.
Balancing work with personal health or family emergencies can be incredibly stressful. Whether you are working at a factory in Winnipeg, a retail store in Brandon, or an agricultural business in Portage la Prairie, you should never have to choose between keeping your job and taking care of your well-being. Knowing your rights under the Employment Standards Code is the first step to protecting your career.
Many workers mistakenly believe that their employer can fire them simply for getting sick. 😷 While Manitoba does not currently mandate paid sick days for all workers, the law provides strict job protections for employees who need to take an unpaid leave of absence. Working with a local employment law firm can help clarify these rights and ensure your employer treats you fairly during your recovery.
Step-by-Step Process for Taking a Medical or Family Leave in Manitoba
Taking a leave of absence legally requires clear communication with your employer. By following these steps, you can ensure that your position is legally protected while you are away from the workplace.
Step 1: Determine Your Eligibility
First, you must figure out if you qualify for the specific leave. 📅 In Manitoba, you must generally be employed for at least 30 consecutive days with the same employer to qualify for the basic 3-day Family Leave. For longer leaves, such as the 27-week Long-Term Illness and Injury Leave, you must have been employed for at least 90 days.
Step 2: Notify Your Employer Immediately
You must inform your employer about your absence as soon as it is reasonably possible. You do not need to share intimate medical details, but you must tell them why you are off and provide a reasonable estimate of when you expect to return to work. An email or a logged phone call to HR is usually the best approach.
Step 3: Provide a Medical Certificate if Requested
Employers in Manitoba have the right to ask for reasonable verification of your illness under specific conditions. 📝 If you are taking the 27-week Long-Term Illness and Injury Leave, you must provide a medical certificate confirming your inability to work. However, under Bill 11 (The Employment Standards Code Amendment Act), which was passed on June 1, 2026, and is set to take effect on October 1, 2026, employers will be strictly prohibited from requiring a sick note or medical certificate for short-term absences lasting 7 or fewer consecutive days, or if your cumulative sick days do not exceed 10 in a calendar year. Until October 1, 2026, employers can continue to request sick notes for shorter absences without an obligation to pay for them.
Step 4: Managing Your Return to Work
When your medical leave is over, your employer is legally obligated to allow you to return to your previous position, or a comparable position with the same pay and benefits. If your employer refuses to take you back, or drastically changes your job duties upon your return, you should immediately contact an employment lawyer, as this may be considered a wrongful dismissal.
How Much Does it Cost in Manitoba?
Taking an unpaid leave obviously affects your personal finances, but there are also secondary costs to consider, especially if a legal dispute arises. 💵
| Leave-Related Expense | Estimated Cost (CAD) |
|---|---|
| Taking Family Leave (3 Days) | Unpaid (Loss of regular daily wages) |
| Doctor’s Note / Medical Certificate | $0 – $50+ (Fully reimbursed by the employer under Bill 11 starting October 1, 2026) |
| Employment Lawyer Consultation | $300 – $500 |
| Wrongful Dismissal Legal Claim | Usually 25% – 35% on contingency |
If you are off for a long period, you may be entitled to apply for federal Employment Insurance (EI) Sickness Benefits to help cover your living expenses. A lawyer from our directory can help you evaluate your options if your employer tries to penalize you financially for getting sick.
How Long Does the Process Take?
The duration of your job protection depends on the type of leave you require. 🕑 The standard Family Leave provides up to 3 days per year. The Long-Term Illness and Injury Leave offers up to 27 weeks. Maternity Leave provides up to 17 weeks, while Parental Leave provides up to 63 weeks. Compassionate Care Leave (for caring for a terminally ill family member) offers up to 28 weeks of unpaid job protection.
Frequently Asked Questions (FAQ)
Are sick days paid in Manitoba?
Under the provincial Employment Standards Code, employers are not legally required to pay you for sick days. However, many employers choose to offer paid sick leave as part of their company benefits package or union collective agreement. You should check your specific employment contract.
Can I be fired for taking sick days?
No. It is illegal for an employer to fire, lay off, or penalize you for taking a protected leave of absence in Manitoba. If you are fired shortly after requesting a legitimate medical leave, you may have a strong case for human rights discrimination and wrongful dismissal.
What is Domestic Violence Leave?
Manitoba offers specific protections for victims of domestic violence. Eligible employees can take up to 10 days of leave (in intermittent days) and up to 17 continuous weeks in a 52-week period. Notably, the law requires employers to pay the employee for up to 5 days of this leave.
Do I get paid out for unused sick days when I quit?
Generally, no. Unlike unused vacation pay, which is considered earned wages and must be paid out upon termination, unused sick days hold no cash value when you leave a company, unless your specific employment contract explicitly states otherwise.
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