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Religious Holiday Swap and Workplace Rights

Full Title:
The Employment Standards Code Amendment Act (Right to Religious Observance)

Summary#

This bill changes Manitoba’s Employment Standards Code to protect religious observance at work. It lets employees who do not observe Good Friday or Christmas Day swap those days for a different religious day. It also strengthens the right to observe religious practices and wear religious clothing at work, if it does not create serious business or safety problems.

  • Lets an employee ask to substitute a different religious day for Good Friday and/or Christmas Day, with written notice and details.
  • Requires employers to reasonably accommodate the request unless it causes undue hardship (serious difficulty or cost).
  • Sets pay rules for substituted days, so there is no double holiday pay.
  • Expands retail workers’ right to refuse to work on their day of religious observance on Friday, Saturday, or Sunday, with notice.
  • Requires reasonable accommodation for religious practices during the workday and for religious clothing, as long as safety rules are met.
  • Aligns wording in related laws to refer to a “day of religious observance.” Takes effect immediately on royal assent.

What it means for you#

  • Employees

    • If you do not observe Good Friday and/or Christmas Day, you can ask in writing to swap each one for a religious observance day within the next 12 months.
    • You must submit your request at least 30 days before Good Friday or Christmas Day. Include the date you want to swap and the date you want off.
    • Your employer must try to make it work unless it would cause serious problems for the business. They must give you a written yes or no within 7 days and explain any denial.
    • The substituted day counts as a general holiday. You get holiday pay (a paid day off for a statutory holiday) for the substituted day.
    • If your workplace is open on Good Friday or Christmas and you swapped, you get your regular wage for hours you work on those days and holiday pay for your substituted day.
    • If your workplace is closed on Good Friday or Christmas and you swapped, you get holiday pay for either the general holiday or your substituted day, but not both.
    • You have a right to reasonable accommodation for religious practices during the workday (like prayer) if it doesn’t seriously disrupt operations, and for religious clothing if it meets safety rules.

  • Retail employees

    • You may refuse to work on your day of religious observance if it falls on Friday, Saturday, or Sunday.
    • Give at least 14 days’ notice. If you were scheduled less than 14 days before, give as much notice as is reasonable.

  • Employers and managers

    • Set up a simple process to receive written substitution requests at least 30 days before Good Friday or Christmas Day.
    • Review requests and respond in writing within 7 days, approving when possible. If denying, give clear reasons tied to undue hardship (for example, major staffing shortages, significant costs, or safety risks).
    • Adjust scheduling and payroll to reflect substituted holidays and the pay rules.
    • Plan for Friday/Saturday/Sunday refusals in retail with 14 days’ notice rules.
    • Provide reasonable accommodation for religious practices during the day and for religious clothing, consistent with workplace safety laws.

Expenses#

No publicly available information.

Proponents' View#

  • Improves fairness for people of many faiths by letting them take their own holy days instead of Christian holidays they do not observe.
  • Reduces pressure to choose between job and faith, which can improve morale and retention.
  • Gives clear rules and timelines for requests, decisions, and pay, which can prevent disputes.
  • Expands weekend protections for retail workers of different faiths, not just Sunday observance.
  • Balances rights and operations through the “undue hardship” and safety limits.

Opponents' View#

  • Could add scheduling and administrative work, especially for small businesses managing multiple substituted days.
  • May create staffing gaps around busy periods like Easter or late December if several employees request swaps.
  • Pay and scheduling rules can be confusing, increasing the risk of payroll errors.
  • “Undue hardship” can be hard to judge, leading to disagreements or complaints.
  • Allowing religious clothing may require extra safety planning and equipment in some workplaces.