On June 1, 2026, Manitoba Bills 10 and 11 received Royal Assent. These bills amend the province’s Employment Standards Code (ESC) to provide leave for employees following an adoption or surrogacy, and to clarify when, and on what terms, an employer can require a sick note for illness and injury.
Bill 10: Attachment Leave for Adoption and Surrogacy (in force June 1, 2026)
This new law amends the ESC to provide up to 16 weeks of unpaid attachment leave for employees following the placement of a child in the employee’s care for adoption, or the arrival of a newborn child via surrogacy.
Employees in Manitoba are eligible for this leave after working for the same employer for at least seven consecutive months and must provide notice to their employer at least four weeks before the day the leave is set to begin, unless the employee’s circumstances require a shorter notice period. However, the new law clarifies that employees who do not provide their employer with proper notice of their need for attachment leave are nevertheless entitled to this leave beginning on the first day the employee stops working.
Under the new law, employees may begin this leave up to six weeks before the estimated date of the placement, or the actual placement date, whichever is earlier, and may not end their leave later than 16 weeks after the actual placement date. Employees seeking to end their attachment leave early must provide notice at least two weeks, or the length of one pay period, whichever...
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