Summary: The Manitoba law requires that covered employees be provided with up to 16 weeks of unpaid leave when a child is placed with them or arrives in their care through adoption or surrogacy.
By: Paul Kramer
Covered employees: Manitoba employees who have been employed by their employer for at least seven consecutive months.
Effective date: June 1, 2026
Action items: Review and revise policies, practices and management training to support compliance with this new law.
Table of contents
- What is the purpose of Manitoba’s Attachment Leave for Adoption and Surrogacy?
- When does the leave begin and end?
- Do employees need to give their employers notice?
- Do employees need to provide evidence for attachment leave?
- What happens if placement fails to occur?
- What happens if the placement includes more than one child?
- Does Manitoba’s Attachment Leave support job security?
- How can employers prepare for Manitoba’s Attachment Leave?
Manitoba is the fifth largest province in Canada, with a working population of approximately 750,000 employees. The employee-friendly province offers family-oriented policies and legal protection to promote a strong work-life balance.
The province recently strengthened employee job-protected leave rights by passing legislation granting time off to workers who receive a child through adoption or surrogacy. This edition of Compliance Navigator explains the key aspects of Manitoba’s Attachment Leave for Adoption and Surrogacy law.
What is the purpose of Manitoba’s Attachment Leave for Adoption and Surrogacy?
This employee leave grants time off from work to bond with a new child placed through adoption or surrogacy. A worker employed by the same employer for at least seven consecutive months is entitled to unpaid leave of up to 16 continuous weeks. This is to fulfill responsibilities relating to the placement of a child.
When does the leave begin and end?
Leave may begin no earlier than six weeks before the estimated placement date. Alternatively, if placement occurs more than six weeks before the estimated date, it must begin no earlier than the actual placement date. Leave must end no later than 16 weeks after the placement date.
Do employees need to give their employers notice?
Employees must give their employer written notice of the need for leave at least four weeks before the leave will begin unless circumstances necessitate a shorter notice period. An employee who does not give proper notice or gives the employer less than the required notice is still entitled to leave beginning on the day the employee stops working.
Do employees need to provide evidence for attachment leave?
Upon the employer’s request, the employee must provide reasonable proof that they are entitled to take leave. They must do this as soon as feasible.
What happens if placement does not occur?
If the employee is notified that the placement will not occur during the leave, the employee may continue the leave for two weeks after the day the employee is so informed. The employee must notify the employer of their return date as soon as possible.
What happens if the placement includes more than one child?
An employee is entitled to only one leave regarding the placement of two or more children if the placements occur in the same week or the placements occur under other prescribed circumstances.
Does Manitoba’s Attachment Leave support job security?
As a protected leave under the Manitoba Employment Standards Code, employees’ jobs are secure while they are on leave.
How can employers prepare for Manitoba’s Attachment Leave?
To prepare for this new leave, employers should review and update their policies and practices. They should also update procedures, employment contracts and collective agreements. Training managers to recognize and understand this new leave entitlement when it arises helps avoid costly compliance violations.
Get expert insights into navigating compliance requirements in the Current State of North American Workplace Compliance report.
