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New Adoption and Surrogacy Attachment Leave

Full Title:
The Employment Standards Code Amendment Act (Attachment Leavefor Adoption and Surrogacy)

Summary#

  • This bill changes Manitoba’s Employment Standards Code to add a new unpaid leave for people adopting a child or having a child through a surrogate.

  • It sets clear rules on who can take the leave, how long it lasts, and how it lines up with parental leave.

  • Key changes:

    • Creates an “attachment leave for adoption and surrogacy” of up to 16 weeks in a row, unpaid.
    • Covers two situations: when a child is placed with an employee for adoption, or when a newborn from a surrogate comes into the employee’s care. The government may add other similar situations by regulation.
    • You must have worked for the same employer for at least seven straight months to qualify.
    • Leave can start up to six weeks before the expected placement and must finish no later than 16 weeks after the actual placement. You can end it early with notice.
    • If the placement falls through, you can continue leave for two more weeks after you are told.
    • Aligns parental leave so it must run right after maternity leave or this new attachment leave. A temporary rule lets some employees switch from parental leave to take this new leave and then return to parental leave.

What it means for you#

  • Employees planning to adopt or use a surrogate

    • You can take up to 16 weeks of unpaid leave to handle adoption or surrogacy responsibilities and to bond with your new child.
    • You must have been with your current employer for at least seven months.
    • You can start leave as early as six weeks before the expected placement date. If the placement happens earlier than expected, you can start when it actually happens.
    • The leave must be taken all at once (continuous). You may end it early if you give written notice at least two weeks or one pay period (whichever is longer).
    • You should give your employer written notice at least four weeks before you plan to start. If that’s not possible, you can still take the leave starting the day you stop work.
    • If your employer asks, you must provide reasonable proof that you qualify (for example, documents about the adoption or surrogacy).
    • If the placement is canceled, you may stay on leave for two more weeks to adjust and make plans.
    • If two or more children are placed with you in the same week, you get one attachment leave for that group of placements.
    • This leave is unpaid. The bill does not create wage replacement.

  • Parents using parental leave

    • Parental leave must now follow right after maternity leave or the new attachment leave.
    • If you are already on parental leave when this law takes effect and you qualify for attachment leave, you can pause parental leave, take attachment leave, and then resume parental leave.

  • Employers

    • You must allow eligible employees up to 16 weeks of unpaid attachment leave for adoption or surrogacy, within the timing rules.
    • Expect written notice when possible and be ready to review reasonable proof if requested.
    • Plan for scheduling changes, especially if placements happen earlier than expected or if an employee ends leave early with proper notice.
    • Be aware that the province may add more qualifying situations by regulation.

Expenses#

No publicly available information.

Proponents' View#

  • Gives adoptive and surrogacy parents time to bond with their child, similar to what birth mothers have with maternity leave.
  • Sets clear, fair rules that match real-world timelines for adoption and surrogacy, which can be uncertain.
  • Helps children by supporting early attachment and family stability.
  • Keeps leave rules simple by making parental leave run right after maternity or attachment leave.
  • Brings Manitoba’s standards closer to other jurisdictions that already recognize adoption and surrogacy leave.

Opponents' View#

  • Could create staffing and scheduling challenges for small businesses, especially when placements happen with short notice.
  • Adds another type of leave that employers must track, which may increase administrative work.
  • The seven-month service requirement may leave newer employees without coverage, leading to uneven access.
  • Because the leave is unpaid, some families may still face financial strain during the time off, limiting who can use it.