Public Service Regulation

Public Service Regulation, M.R. 11/2022 The Public Service Act , C.C.S.M. c. P271 Regulation 11/2022 Registered February 18, 2022 bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1.1 Definitions PART 2 CORE PUBLIC SERVICE 2.1 Categories of core public service employment 2.2 Veteran and reservist status 2.3 Workforce management — government agency 2.4 Other public service employees who can apply for core public service positions PART 3 TERMS AND CONDITIONS OF EMPLOYMENT FOR NON-REPRESENTED CORE PUBLIC SERVICE EMPLOYEES 3.1 Definitions 3.2 Application 3.3 Types of employee service 3.4 Appointment letter 3.5 Absence due to illness and injury 3.6 Employee injured while at work 3.7 Independent medical examination 3.8 Abandonment of position 3.9 Hours of work — weekly and daily 3.10 Break period 3.11 Regular pay 3.12 Holidays 3.13 Holiday pay 3.14 December 24 falls on weekday 3.15 Extra time must be authorized and recorded 3.16 Employee may be paid or take time off with pay 3.17 Accrual rate for extra time 3.18 Vacation leave — entitlement and calculation 3.19 Rules for taking vacation leave 3.20 Vacation leave credits paid out on termination or death 3.21 Executive vacation credits 3.22 Sick leave credits 3.23 Use of sick leave credits to attend appointments 3.24 Use of sick leave and workers compensation claim 3.25 Use of sick leave and MPI income replacement 3.26 Employee seriously ill or injured while on vacation leave 3.27 Family-related leave 3.27.1 Personal wellness leave 3.28 Maternity leave 3.29 Plan A maternity leave 3.30 Plan B maternity leave 3.31 Accrual of benefits while on maternity leave 3.32 Leave on birth of employee's child 3.33 Leave on adoption of employee's child 3.34 Parental leave 3.35 Compassionate leave 3.36 Amount of severance pay 3.37 Benefit plans 3.38 Long-term disability income plan 3.39 Prorated leave for part-time employees 3.40 Retroactive pay adjustments 3.41 Court leave and witness fees 3.42 Jury duty 3.43 Civil liability 3.44 Pay plan — executive employees, non-represented employees PART 4 POLITICAL ACTIVITIES OF CORE PUBLIC SERVICE EMPLOYEES 4.1 Definitions 4.2 Activities deemed to impair impartiality at any time 4.3 Activities deemed to impair impartiality during working hours PART 5 CONFLICT OF INTEREST AND POST-EMPLOYMENT RESTRICTIONS FOR SENIOR PUBLIC EXECUTIVES 5.1 Application PART 6 POLITICAL STAFF 6.1 Definition 6.2 Employment functions of political staff 6.3 Employment agreements for political staff 6.4 Conditions of employment 6.5 Workforce management of political staff 6.6 Unpaid leave of absence for candidacy 6.7 Restrictions on political activities while employed in public service PART 7 TRANSITIONAL AND COMING INTO FORCE 7.1 Transition from former Act to new Act 7.2 Coming into force PART 1 INTRODUCTORY PROVISIONS Definitions 1.1 The following definitions apply in this regulation. "Act" means The Public Service Act . («  Loi  ») "appointment letter" means the written document referred to in section 17 of the Act. (« lettre de nomination ») PART 2 CORE PUBLIC SERVICE Categories of core public service employment 2.1 The categories of employment in the core public service are as follows: (a) regular — the employee carries out work of a continuing nature, and their appointment to the position is reasonably expected to continue for an indeterminate period of time that does not end on a specified date or on the occurrence of a specified event; (b) term — the employee is appointed to a position and carries out work for a specific period of time ending on a specified date or on the occurrence of a specified event as set out in the employee's appointment letter; (c) designated departmental position — the employee carries out seasonal work or work of a specified nature and their appointment is to a position designated by the commissioner. Veteran and reservist status 2.2(1) The following applicants may be given additional consideration in selection and appointment to a position in the core public service: (a) a veteran; (b) a spouse or common-law partner of a veteran; (c) a current member of the reserves; (d) a surviving spouse or common-law partner of a person who died from causes arising from service as a member of the Canadian Forces or reserves. 2.2(2) For the purpose of subsection (1), (a) a veteran is a member of the Canadian Forces who had successfully undergone basic training and has been released with an honourable discharge; and (b) a current member of the reserves is a person who continues to serve (i) as a member of the reserve force of the Canadian Forces, or (ii) as a member of a reserve component of the United States Armed Forces, in the case of a member of a First Nation or a person who is a citizen of Canada and the United States of America. Workforce management — government agency 2.3 For the purpose of Part 3 of the Act, (a) the executive director of Legal Aid Manitoba is responsible for managing the workforce of Legal Aid Manitoba as set out in section 27 of the Act and any reference to "deputy minister" in that Part and in this regulation as it relates to the management of its workforce is to be read as "executive director"; and (b) the chair of the Manitoba Securities Commission is responsible for managing the workforce of the Manitoba Securities Commission as set out in section 27 of the Act and any reference to "deputy minister" in that Part and in this regulation as it relates to the management of its workforce is to be read as "chair". Other public service employees who can apply for core public service positions 2.4 For the purpose of clause 15(1)⁠(a) of the Act, the meaning of "current employee" is expanded to include a current employee or staff member of any of the following: (a) Legal Aid Manitoba; (b) Manitoba Securities Commission; (c) the Advocate for Children and Youth; (d) the Auditor General; (e) the Chief Electoral Officer; (f) the Information and Privacy Adjudicator; (g) the Ombudsman; (h) the registrar appointed under The Lobbyists Registration Act ; (i) the office of the Speaker (other than the executive assistant); (j) the office of the Clerk of the Legislative Assembly; (k) the offices required for the administration of the Legislative Assembly, The Legislative Assembly Act and The Legislative Assembly Management Commission Act ; (l) political staff. PART 3 TERMS AND CONDITIONS OF EMPLOYMENT FOR NON-REPRESENTED CORE PUBLIC SERVICE EMPLOYEES Overview This Part is to be read with Part 3 of The Public Service Act . Non-represented core public service employees — Most core public service employees are members of a union whose terms and conditions of employment are established primarily by collective agreement. The Public Service Act provides that certain classes of employment may be excluded from the application of those collective agreements. This Part sets out the specific terms and conditions of employment for employees in those excluded classes. Deputy minister — Under section 27 of The Public Service Act , the deputy minister of a department is responsible for managing the department's employees. The deputy minister is permitted to delegate their powers and duties to employees in their department. Terms and conditions of employment — This Part sets out the terms and conditions of employment relating to hours of work holidays extra time paid and unpaid leaves (vacation, sick, family-related, personal wellness, maternity, parental and compassionate) severance pay other matters INTRODUCTORY PROVISIONS Definitions 3.1 The following definitions apply in this Part. "accumulated service" means accumulated service as defined in clause 3.3(1)⁠(b). (« service accumulé ») "calendar service" means calendar service as defined in clause 3.3(1)⁠(c). (« service civil ») "continuous service" means continuous service as defined in clause 3.3(1)⁠(a). (« service continu ») "day" means working day. (« jour ») "deputy minister" , in relation to an employee, means the deputy minister of the department to which the employee is appointed. (« sous-ministre ») "doctor" means a duly qualified medical practitioner as that term is defined in The Interpretation Act . (« médecin ») "employee" means an employee to whom this Part applies as set out in section 3.2. (« employé ») "extra time" means extra time worked by an employee as authorized by section 3.15. (« heures supplémentaires ») "full-time employment" means employment that normally requires the employee to work full daily and weekly hours of work on a continuous basis during the employment period. (« emploi à plein temps ») "General Manual of Administration" means the government's general manual of administration issued under The Financial Administration Act , as amended from time to time. («  General Manual of Administration  ») "holiday" means a holiday listed in subsection 3.12(1). (« jour férié ») "medical note" means a certificate of a doctor or nurse practitioner attesting to the employee's state of health. (« certificat médical ») "nurse practitioner" means a person who is registered and certified to practise as a registered nurse (nurse practitioner) under the College of Registered Nurses of Manitoba General Regulation , M.R. 114/2017. (« infirmier praticien ») "operational requirements" means the requirements of a government office or work location to provide public services. (« besoins opérationnels ») "part-time employment" means employment that normally requires the employee to work less than full daily or weekly hours on an ongoing, predetermined schedule of work on a regular and recurring basis. (« emploi à temps partiel ») "vacation year" means the period beginning April 1 in a year and ending on March 31 of the next year. (« période de référence pour congés payés ») "workers compensation" means compensation under The Workers Compensation Act . (« indemnisation pour accident du travail ») Application 3.2(1) This Part applies to the following employees in the core public service: (a) employees who perform management functions primarily, including executive management functions; (b) employees who are employed in a confidential capacity on matters related to labour relations; (c) employees who are employed in a position that has been specifically excluded from a collective agreement as indicated in the employee's appointment letter. 3.2(2) For greater certainty, this Part does not apply to the following: (a) an employee who is employed for a term of less than two months; (b) a student employed in the core public service; (c) a casual or hourly paid employee; (d) a person who has entered into an agreement to provide consulting or other professional services under section 28 of the Act. Types of employee service 3.3(1) An employee accrues the following types of service: (a) continuous service, which means consecutive days, weeks, months and years of employment with no break in service involving termination of employment; (b) accumulated service, which means continuous service based on the hours of work for which the employee has received regular pay and approved paid leaves of absence, but not including pay for extra time, leaves of absence with partial pay, unpaid leaves of absence or income maintenance payments; (c) calendar service, which means continuous service starting from the employee's initial date of appointment to the core public service to the present date, but not including periods of lay-off that do not affect continuity of service. 3.3(2) One year of accumulated service must not exceed 1885 hours of accumulated service in a 12-month period. EMPLOYEES Appointment letter 3.4 The appointment letter of an employee must (a) state that terms and conditions of employment are set out in this Part; (b) indicate the length of the day and the days of the work week for the employee; and (c) indicate whether the employee must serve a probation period and, if so, the terms and conditions of the probation period, including rejection and extension. Information Note A typical day is 8:30 a.m. to 4:30 p.m. A typical work week is Monday to Friday. Absence due to illness or injury 3.5(1) An employee who is absent from work due to illness or injury must promptly notify the employee's immediate supervisor. 3.5(2) The deputy minister may require a copy of a medical note or statutory declaration from the employee certifying that the employee is absent due to illness or injury. The note or declaration must be in a form acceptable to the deputy minister. 3.5(3) If (a) the employee does not provide the requested medical note or statutory declaration; or (b) the deputy minister is of the opinion that the employee's absence was not supported by the medical note provided by the employee; the employee's absence from work must be an unpaid leave of absence. Employee injured while at work 3.6 An employee who is injured while at work and is required to leave for medical treatment or is sent home by their supervisor due to the injury is entitled to (a) regular pay and benefits for the day the injury occurred; and (b) if the employee requires immediate medical treatment, transportation to obtain medical treatment at the government's expense. Independent medical examination 3.7(1) A deputy minister may require, in writing, that an employee undergo a physical or psychiatric examination to ensure that the employee is capable of performing the duties and functions of their position. 3.7(2) The government must select the doctor and pay the cost of the examination. 3.7(3) The commissioner may request that the doctor who conducted the examination complete and submit the required forms, and the doctor must comply with the request. 3.7(4) For greater certainty, this section does not apply to an absence due to illness or injury under section 3.5. Abandonment of position 3.8 An employee who is absent without leave for a two-week period is considered to have abandoned their position. The employee is deemed to be terminated as of the last day on which the employee was present at work and performing the duties and functions of the position. HOURS OF WORK AND PAY Hours of work — weekly and daily 3.9(1) The regular hours of work for a full-time employee are 36.25 hours each week. 3.9(2) The regular work schedule for a full-time employee is 7.25 hours of work each day from Monday to Friday. The work day includes the break period referred to in section 3.10 but does not include a meal period. Break period 3.10 Each day, an employee is entitled to two paid rest periods of 15 minutes each to be taken at a time determined by the employee's supervisor. Regular pay 3.11 An employee's regular pay is based on the employee's weekly hours of work in a two-week period and the employee's rate of pay. HOLIDAYS Holidays 3.12(1) The following holidays are observed in the core public service: 1. New Year's Day 2. Louis Riel Day 3. Good Friday 4. Easter Monday 5. Victoria Day 6. Canada Day 7. Terry Fox Day 8. Labour Day 9. National Day for Truth and Reconciliation (September 30) 10. Thanksgiving Day 11. Remembrance Day 12. Christmas Day 13. Boxing Day 14. Any other holiday proclaimed by federal or provincial statute 3.12(2) If a holiday falls on a weekend, it is observed by employees as follows: holiday falls on holiday observed on Saturday following Monday Sunday following Monday Saturday and Sunday following Monday and Tuesday Holiday pay 3.13(1) An employee is entitled to regular pay for a holiday. 3.13(2) Despite subsection (1), an employee is not entitled to regular pay for a holiday if (a) the employee fails to report to work after having been scheduled to work on the holiday; or (b) the employee is absent from work on the first day before or after the holiday without the deputy minister's approval unless the employee provides a medical note in a form acceptable to the deputy minister and the deputy minister is of the opinion that the employee's absence was supported by the medical note. December 24 falls on weekday 3.14 The following applies when December 24 falls on a weekday: 1. Each government office or other work location that does not provide direct service to the public may close at 1 p.m. 2. Each government office or other work location that does provide direct service to the public may close at 1 p.m. or operate with a reduced number of employees but only if the deputy minister determines that the closure or operation does not affect the provision of services to the public. 3. If the government office or other work location closes at 1 p.m., the day must be considered a full day for the purpose of calculating pay and benefits. 4. If the deputy minister requires an employee to work the entire day, the employee is entitled to a 1/2 day of compensatory leave with pay to a maximum of four hours. EXTRA TIME Extra time must be authorized and recorded 3.15(1) An employee may work more than 7.25 hours in a day or on the employee's day of rest or a holiday only if authorized to do so by the deputy minister. 3.15(2) The employee's supervisor must record the authorized extra time worked by the employee. Employee may be paid or take time off with pay 3.16 Subject to section 3.17 and at the deputy minister's determination, an employee with recorded extra time may (a) be paid for that time at the applicable accrual rate; or (b) be granted paid leave for that time at the applicable accrual rate. Accrual rate for extra time 3.17(1) Subject to this section, an employee may accrue extra time at the following rate: overtime rate 1.5 × each authorized hour or part of an hour worked straight time rate 1.0 × each authorized hour or part of an hour worked 3.17(2) The following positions are eligible for the overtime rate: (a) administrative assistant to the President of the Executive Council; (b) administrative assistant to a minister; (c) administrative assistant to a deputy minister; (d) judicial assistant; (e) mechanical supervisor; (f) positions within the professional officer 1 and 2 series in the pay plan. 3.17(3) The commissioner may determine which other positions are eligible for the overtime rate. The commissioner must publish a list of those other positions on an internal government website. 3.17(4) An employee who is not eligible for the overtime rate is eligible for the straight time rate. 3.17(5) As an exception to subsection (1), an employee who (a) was employed in a position referred to in subsection 25(11) of the Conditions of Employment Regulation under The Civil Service Act (other than a labour board officer) on the day before that Act was repealed; and (b) remains employed under Part 3 of The Public Service Act after the Act comes into force; is eligible for the premium overtime rate at 2 × each authorized hour or part of an hour worked on the employee's day of rest or holiday. VACATION LEAVE Entitlement and calculation 3.18(1) An employee is entitled to accumulate vacation leave credits from their initial date of appointment to the core public service until they have a break in service. 3.18(2) The amount of vacation leave is based on the number of vacation leave credits earned during the vacation year determined as follows: Vacation credits = A/B × CA In this formula, A = the employee's accumulated service hours for the year up to 1885 hours B = 1885 hours CA = credit accrual rate as set out in the second column of the following table: length of calendar service completed during the vacation year credits accrued for 1885 accumulated service hours less than 2 years of calendar service completed 15 credits 2 years of calendar service completed to 8 years of calendar service completed 20 credits 9 years of calendar service completed to 18 years of calendar service completed 25 credits 19 years of calendar service completed and every year of calendar service completed after that 30 credits 3.18(3) For the purpose of this section, the following rules apply to determine an employee's accumulated service: 1. When an employee is absent from work and receiving workers compensation, the employee is entitled to accumulate vacation leave credits as if the employee were not absent. But this accumulation must not continue beyond 12 calendar months from the date the absence began. 2. When a full-time employee is on an approved leave of absence without pay, the employee is entitled to accumulate vacation leave credits up to a maximum of five days in a vacation year. Rules for taking vacation leave 3.19 The following rules apply to the taking of vacation leave by an employee: 1. Vacation leave accrued in one year must be taken in the next vacation year. 2. Vacation leave must not be taken in advance of when it is earned. 3. As an exception, the deputy minister may approve vacation leave being taken in the vacation year in which it is earned. 4. Vacation leave must be taken when operational requirements permit and may be subject to the deputy minister's approval. 5. Subject to operational requirements, the time for taking vacation leave must be rotated amongst employees without consideration of length of service. 6. The deputy minister may authorize vacation leave to start on any day. 7. The deputy minister may authorize an employee to take vacation leave in two or more periods. 8. If necessary, the deputy minister may require an employee to take vacation leave in two or more periods. But the period must be at least one week in length unless the employee decides otherwise. 9. If an employee is unable to take their vacation leave because of operational requirements, (a) the deputy minister may authorize pay in place of vacation leave without benefit (including pension) deductions; or (b) the employee may, instead of receiving pay under clause (a), elect to carryover the vacation leave to the next vacation year. 10. As an exception, the deputy minister may authorize up to one year's entitlement of vacation leave to be carried forward for use in the next vacation year. Vacation leave credits paid out on termination or death 3.20(1) Any vacation credits that an employee has earned but not taken must be paid out to the employee on termination of their employment. 3.20(2) If an employee dies, any vacation credits that the employee has earned but not taken must be paid out to the employee's estate. Executive vacation credits 3.21(1) Despite subsection 3.18(2) and subject to subsections (2) and (3), an executive employee may earn vacation leave credits at the rate of up to 30 credits for 1885 hours of accumulated service. 3.21(2) The deputy minister must request approval from the commissioner for the increased credit accrual rate. 3.21(3) In the case of an executive employee who is a deputy minister, the increased credit accrual rate may be approved only by the Clerk of the Executive Council. 3.21(4) For the purpose of this section, "executive employee" means an employee whose rate of pay is determined by the pay plan for executives established under the Act and includes a deputy minister. SICK LEAVE Sick leave credits 3.22(1) An employee is entitled to accumulate sick leave credits to use when an employee is unable to perform their duties and functions as a result of illness or injury from their initial date of appointment to the core public service until they have a break in service. 3.22(2) An employee accumulates sick leave credits as follows: length of service credit hours first four years of calendar service 3.625 hours for each 72.5 hours of accumulated service fifth year of calendar service and every year after that 7.25 hours for each 72.5 hours of accumulated service 3.22(3) An employee may accumulate up to a maximum of 208 days or 1508 hours of sick leave credits at any one time. 3.22(4) For certainty, an employee who returns from sick leave is entitled to continue to accumulate sick leave credits up to a maximum of 208 days or 1508 hours. 3.22(5) Sick leave must not be accumulated during the following periods: (a) when the employee is on sick leave for a period of more than 10 consecutive days; (b) when the employee is absent from work and receiving workers compensation for a period of more than 10 consecutive days; (c) when the employee is receiving long-term disability income or taking an unpaid leave of absence. Use of sick leave credits to attend appointments 3.23(1) An employee is entitled to use their sick leave credits to attend a health care appointment according to the following rules: 1. The employee must be unable to schedule the appointment outside of their regular work hours. 2. The employee must make a reasonable effort to schedule the appointment at a time that is least disruptive to operational requirements. 3. Subject to Items 4 and 5, the leave must not exceed more than three hours without the approval of the employee's supervisor. 4. The leave must include reasonable travel time to and from the health care appointment as determined by the employee's supervisor. 5. If the health care is unavailable where the employee resides, the employee may take more than three hours of leave to attend the appointment to (a) a maximum of one day if the employee resides south of the 53 rd parallel; or (b) a maximum of two days if the employee resides north of the 53 rd parallel. 3.23(2) In this section, "health care" means (a) a medical or dental examination; or (b) a treatment by a doctor, dentist, nurse practitioner, physiotherapist or chiropractor. Use of sick leave and workers compensation claim 3.24(1) If an employee with sufficient accumulated sick leave credits is absent from work as a result of injury or illness and has made a claim for workers compensation, the following rules apply: 1. The employee is to be paid as if the employee were using their accumulated sick leave. 2. If the employee's workers compensation claim is approved, (a) the employee is granted back 90% of the sick leave credits used while waiting for the approval; (b) any amount payable to the employee from their workers compensation claim must be remitted directly to the government; and (c) the employee is to remain in receipt of sick leave and 10% of the employee's leave period must be charged against the employee's accumulated sick leave credits for the duration of their claim or until the employee's accumulated sick leave credits are depleted. 3. If the employee's workers compensation claim is not approved, (a) 100% of the employee's leave period is to be charged against the employee's accumulated sick leave credits; and (b) in the case of an overpayment when the amount of the salary paid to the employee exceeds the accumulated sick leave credits, (i) the deputy minister must provide the employee with a written statement indicating the amount of the overpayment and the options for recovery of the overpayment from the employee, and (ii) the government may recover the overpayment through a deduction of the employee's pay or through other means of repayment agreed to by the deputy minister and the employee. 3.24(2) When the employee's supervisor is advised that the employee has made a claim for workers compensation, the supervisor must provide to the employee the following: (a) a copy of this section; (b) information about the amount of accumulated sick leave credits that the employee is entitled to at the time of their injury or illness; (c) information about the long-term disability income plan and how to apply for benefits under it; (d) information about the sickness benefits available to the employee through the federal government and how to apply for those benefits. Use of sick leave and MPI income replacement 3.25(1) This section applies to an employee with sufficient accumulated sick leave credits who is receiving an income replacement indemnity from Manitoba Public Insurance Corporation while absent from work. 3.25(2) To maintain a net salary consistent with the net salary the employee would receive if the employee were on sick leave, the employee may elect to be paid an amount in addition to the income replacement indemnity from Manitoba Public Insurance Corporation. 3.25(3) The amount paid under subsection (2) must be (a) charged against the employee's sick leave credits accumulated as of the date the employee begins to receive the income replacement indemnity; and (b) payable only until the employee's sick leave credits are depleted. Employee seriously ill or injured while on vacation leave 3.26 If an employee becomes seriously ill or is injured for more than three days while on vacation leave, the deputy minister may approve the use of sick leave by the employee. The employee's vacation leave equivalent to the approved sick leave credits must be credited to the employee's sick leave accumulation. FAMILY-RELATED LEAVE Family-related leave 3.27(1) A full-time employee is entitled to use up to five days of sick leave in each fiscal year as family-related leave in accordance with this section. 3.27(2) The deputy minister may approve the use of sick leave by the employee for family-related leave if (a) the employee is required to attend to family responsibilities that are real, immediate and unavoidable and necessitate the employee's absence from work; (b) the family responsibilities cannot be attended to by another person or at another time or in another way; and (c) the amount of leave covers the time period until appropriate alternative arrangements can be made by the employee. 3.27(3) The employee's annual sick leave accumulation must not be reduced to fewer than 12 days in a year. 3.27(4) A part-time employee is entitled to leave under this section as calculated in accordance with the proration factor in the formula set out in section 3.39. 3.27(5) For certainty, the family-related leave entitlement is for a fiscal year and must not be carried forward to the next fiscal year. M.R. 13/2025 PERSONAL WELLNESS LEAVE Personal wellness leave 3.27.1(1) An employee is entitled to use up to two days of sick leave in each fiscal year as personal wellness leave in accordance with this section. 3.27.1(2) The deputy minister may approve the use of the leave by the employee if (a) it is used for the purpose of personal wellness, for example, to manage stress, mental health challenges, work-life balance and other personal matters affecting the employee's well-being; (b) it is used consecutively or non-consecutively; and (c) it is not used during or immediately before or after vacation leave. 3.27.1(3) The employee's annual sick leave accumulation must not be reduced to fewer than 12 days in a year. 3.27.1(4) For certainty, the personal wellness leave entitlement is for a fiscal year and must not be carried forward to the next fiscal year. M.R. 13/2025 MATERNITY LEAVE Maternity leave 3.28(1) The following are the types of maternity leave that may be provided by the government: (a) Plan A — leave without pay; (b) Plan B — leave with supplemental pay. 3.28(2) A term employee is not eligible for Plan B maternity leave. 3.28(3) The commissioner may determine which positions are ineligible for Plan B leave. The commissioner must make a list of those positions available on an internal government website. Plan A maternity leave 3.29(1) Plan A provides for a leave without pay for (a) a period of not more than 17 weeks if the actual delivery date is on or before the estimated delivery date; or (b) a period of 17 weeks plus the additional period between the estimated delivery date and the actual delivery date. 3.29(2) A pregnant employee is eligible for Plan A leave if the employee has completed at least seven months of continuous service. 3.29(3) For Plan A leave, the employee must (a) apply in writing to the deputy minister for Plan A leave at least four weeks before the employee's specified leave start date; (b) provide the deputy minister with a medical note certifying that the employee is pregnant and specifying the estimated delivery date. 3.29(4) The employee may apply to use up to five days of accumulated sick leave credits during the employment insurance waiting period. 3.29(5) If the employee returns to work but their employment is terminated before accumulating the amount of sick leave credits used under subsection (4), the employee must reimburse the government in an amount equal to the sick leave credits not yet accumulated at the time of termination. Plan B maternity leave 3.30(1) Plan B provides a leave for (a) a period of not more than 17 weeks if the actual delivery date is on or before the estimated delivery date; or (b) a period of 17 weeks plus the additional period between the estimated delivery date and the actual delivery date. 3.30(2) During Plan B leave, a supplement is payable to the employee as follows: time period supplement amount one week waiting period for maternity leave employment insurance benefits 93% of the employee's weekly rate of pay up to 15 weeks while receiving maternity leave employment insurance benefits amount equal to the difference between the eligible employment insurance benefits and 93% of the employee's weekly rate of pay one week period after maternity leave employment insurance benefits exhausted unless immediately in receipt of parental leave employment insurance benefits 93% of the employee's weekly rate of pay 18 weeks or more zero 3.30(3) Despite subsection (2), an employee who does not serve the one-week waiting period for maternity leave benefits is to receive 93% of the employee's weekly rate of pay for an additional week after those benefits are exhausted unless they are immediately in receipt of parental leave employment insurance benefits. 3.30(4) A pregnant employee is eligible for Plan B leave if the employee (a) has completed at least seven months of continuous service; (b) is not a term employee or an employee in another category determined by the commissioner to be ineligible for Plan B leave; and (c) is entitled to employment insurance benefits in accordance with section 23 of the Employment Insurance Act (Canada). 3.30(5) For Plan B leave, the employee must (a) apply in writing to the deputy minister for Plan B leave at least four weeks before the employee's specified leave start date; (b) provide the deputy minister with a medical note certifying that the employee is pregnant and specifying the estimated delivery date; and (c) provide the deputy minister with proof that the employee has applied for and is entitled to employment insurance benefits in accordance with section 23 of the Employment Insurance Act (Canada). 3.30(6) The employee must enter into and sign a written agreement with the deputy minister, (a) to return to work on (i) the date the employee's maternity leave expires, or (ii) if the employee takes parental leave, on the date the employee's parental leave expires; (b) to remain in full-time employment with the government for at least six months after their return to work; (c) to pay back to the government (i) the full amount of the supplement received during the leave if the employee fails to return to work on the required date, or (ii) the proportionate amount of the supplement if the employee fails to remain in full-time employment with the government for at least six months. 3.30(7) Despite the written agreement and at the employee's request and on the deputy minister's recommendation, the commissioner may authorize the employee to return to work on a part-time basis for a 12-month period. Accrual of benefits while on maternity leave 3.31 Benefits for an employee do not accrue during the maternity leave period. However, the leave period counts as continuous service towards vacation credit and sick leave credit entitlement. LEAVE — BIRTH OF EMPLOYEE'S CHILD Leave on birth of employee's child 3.32(1) A full-time employee is entitled to one day's leave with pay for the birth of the employee's child to be granted on one of the following days: (a) the day of or after the birth; (b) the day the parent who gave birth is admitted or discharged from the hospital; (c) a day agreed to by the employee and the deputy minister. 3.32(2) A part-time employee is entitled to leave under this section as calculated in accordance with the proration factor in the formula set out in section 3.39. 3.32(3) Despite subsections (1) and (2), an employee is not entitled to this leave if the employee is eligible for maternity leave or adoptive parent leave. ADOPTIVE PARENT LEAVE Leave on adoption of employee's child 3.33(1) A full-time employee is entitled to one day's leave with pay to deal with the needs directly related to the adoption of the employee's child to be granted on one of the following days: (a) the day of or after the adoption; (b) a day agreed to by the employee and the deputy minister. 3.33(2) A part-time employee is entitled to leave under this section as calculated in accordance with the proration factor in the formula set out in section 3.39. PARENTAL LEAVE Parental leave 3.34(1) An employee is entitled to leave without pay for up to 63 continuous weeks in accordance with this section. 3.34(2) The employee must (a) be the natural or adoptive parent of a child; (b) have completed at least seven months of continuous service on the day that the leave begins; and (c) apply in writing to the deputy minister at least four weeks before the employee intends to begin the leave. 3.34(3) Subject to subsection (4), the parental leave must begin no later than 78 weeks after the date on which the child is born or adopted or comes into the care and custody of the employee. 3.34(4) When an employee takes parental leave in addition to maternity leave, the employee must begin the parental leave immediately on the expiry of the maternity leave without returning to work unless otherwise authorized by the deputy minister. COMPASSIONATE LEAVE Compassionate leave 3.35(1) An employee may be granted up to four days of compassionate leave with pay upon the death of the employee's family member. 3.35(2) The employee's supervisor must determine the specific number of days to be taken by the employee. 3.35(3) In subsection (1), a "family member" means (a) a spouse or common-law partner of the employee; (b) a child of the employee or a child of the employee's spouse or common-law partner; (c) a parent of the employee or a spouse or common-law partner of the parent; (d) a brother, sister, step-brother, step-sister, uncle, aunt, nephew, niece, grandchild or grandparent of the employee or of the employee's spouse or common-law partner; (e) a parent of the employee's spouse or common-law partner; (f) a current or former foster parent of the employee or of the employee's spouse or common-law partner; (g) a current or former foster child, ward or guardian of the employee or of the employee's spouse or common-law partner; (h) the spouse or common-law partner of a person mentioned in any of clauses (d) to (g); or (i) any other person whom the employee considers to be like a close relative, whether or not they are related by blood, adoption, marriage or common-law relationship. 3.35(4) An employee is entitled to an additional two days compassionate leave with pay when the employee requests the leave to travel to a funeral more than 225 kms from the employee's residence. 3.35(5) For a part-time employee, the leave under this section must be calculated in accordance with the proration factor set out in the formula in section 3.39. SEVERANCE PAY Amount of severance pay 3.36(1) When an employee is terminated without cause, the government must pay the employee severance pay in accordance with this section. 3.36(2) In determining the amount of severance pay, the government (a) must include any payment in lieu of notice that the employee is entitled to under The Employment Standards Code ; and (b) may include an additional amount that takes into account the employee's length of accumulated service and the employee's age, education and position. 3.36(3) The amount of severance pay must not exceed the equivalent of up to 52 weeks of pay at the employee's rate of pay at the time of termination. BENEFIT PLANS Benefit plans 3.37(1) The government must provide for the following benefit plans for employees: (a) dental care; (b) vision care; (c) prescription drugs; (d) health spending account; (e) ambulance and hospital semi-private stay. 3.37(2) The benefit plans must offer the same conditions and limits as the benefit plans that apply to those employees represented by the bargaining agent whose membership includes the majority of represented core public service employees. Long-term disability income plan 3.38(1) The government must provide for a long-term disability income plan for employees. 3.38(2) A term employee is eligible to receive long-term disability income only until the expiry of the term of their employment. OTHER MATTERS Prorated leave for part-time employees 3.39 A part-time employee's leave entitlement must be calculated in accordance with the following formula: Proration factor = EHW ÷ 290 In this formula, EHW is the number of regularly scheduled hours of work for the employee in the eight weeks before the leave is to be taken. Retroactive pay adjustments 3.40(1) The following employees are entitled to receive retroactive pay adjustments for work performed during the time period between the end of a pay plan and the establishment of a new pay plan under section 3.44: (a) an employee who is employed during that time period and on the date the new pay plan is established; (b) an employee who retired in accordance with The Civil Service Superannuation Act during that time period; (c) an employee who died during that time period; (d) an employee who was laid off during that time period; (e) a term employee whose position was terminated during that time period at the end of the specific term of appointment or completion of work; (f) an employee who voluntarily resigned during that time period. 3.40(2) For certainty, a non-represented employee described in subsection 3.44(3) who is entitled to a retroactive pay adjustment is to receive that adjustment after the establishment of the new pay plan. M.R. 111/2022 Court leave and witness fees 3.41 If an employee is required to attend court for the purpose of their employment, the employee must remit to the government any witness fees received by the employee. Jury duty 3.42 If an employee is required to attend court to serve as a juror, the employee must be granted a leave of absence with pay for the period of time required to attend court. The employee must remit to the government any juror fees received by the employee. Civil liability 3.43(1) The following applies when an action or proceeding is brought against an employee for an alleged tort committed by the employee in performing their duties and functions: 1. The employee must advise their deputy minister on being served with any legal process or on receiving notice of any action or proceeding brought against the employee. 2. The deputy minister and the employee must, without delay, agree to the appointment of counsel. 3. If the deputy minister and the employee do not agree to the appointment, the government must unilaterally appoint counsel and accept full responsibility for the conduct of the action or proceeding. The employee must cooperate fully with the appointed counsel. 4. The government must pay (a) any damages or costs awarded against the employee; (b) all legal fees and disbursements; (c) the amount of the settlement of any claim against the employee if (i) the deputy minister approves the settlement before it is finalized, and (ii) the employee's conduct in the alleged tort did not constitute gross negligence in the performance of the employee's duties and functions. 3.43(2) For the purpose of subsection (1), "employee" includes a former employee. Pay plan — executive employees, non-represented employees 3.44(1) A pay plan for executive employees and non-represented employees is to be established by order in council. 3.44(2) The minister must ensure that the pay plan is published on an internal government website. 3.44(3) Despite subsection (1), a non-represented employee who is appointed to a position with a classification included in a collective agreement is to be paid in accordance with that collective agreement. 3.44(4) The following definitions apply in this section. "executive employee" means an employee who is appointed to a position whose rate of pay is determined by the pay plan for executives established under the Act and includes a deputy minister. (« cadre ») "non-represented employee" means a core public service employee who is not represented by a bargaining agent as defined in The Labour Relations Act , other than an executive employee. (« employé non représenté ») M.R. 111/2022 PART 4 POLITICAL ACTIVITIES OF CORE PUBLIC SERVICE EMPLOYEES Definitions 4.1 The following definitions apply in this Part. "contribution" means a contribution as defined in The Election Financing Act . (« don ») "supervisor" means (a) an assistant deputy minister; (b) an executive director; (c) a director; or (d) a core public service employee whose duties include the supervision or management of other core public service employees. (« superviseur ») Information Note The term "political activity" is defined in the Act as follows: "political activity" means (a) carrying on any activity in support of, within or in opposition to a political party; (b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or (c) seeking nomination as or being a candidate in an election before or during the election period. Activities deemed to impair impartiality at any time 4.2(1) For the purpose of section 36 of the Act, the following activities are deemed to impair the ability of a core public service employee to perform their duties in a politically impartial manner at any time: (a) engaging in a political activity while using government facilities, resources, equipment or supplies; (b) engaging in a political activity while wearing a government uniform or displaying any other form of government identification; (c) if the employee is a supervisor, soliciting contributions for a political party or candidate from a core public service employee supervised by them; (d) subject to subsection (2), referring to the employee's position as a core public service employee while engaging in a political activity. 4.2(2) If a core public service employee has been granted leave under section 37, 38 or 39 of the Act, the employee may refer to the employee's position as a core public service employee while engaging in a political activity but only to the extent necessary to inform the public of their work experience, qualifications and skills. Activities deemed to impair impartiality during working hours 4.3 For the purpose of section 36 of the Act, the following activities are deemed to impair the ability of a core public service employee to perform their duties in a politically impartial manner if performed during working hours: (a) engaging in a political activity while on government premises; (b) displaying a sign or any other thing that supports a political party or candidate in the employee's workspace; (c) wearing clothes or any other thing that supports a political party or candidate in the employee's workspace; (d) creating or developing a resource, material or tool that is intended to support or promote a political party or candidate; (e) distributing resources or materials that support a political party or candidate.

PART 5 CONFLICT OF INTEREST AND POST-EMPLOYMENT RESTRICTIONS FOR SENIOR PUBLIC EXECUTIVES Application 5.1(1) For the purpose of clause 43(d) of the Act, the following senior public executive positions in the core public service are prescribed: (a) an associate deputy minister; (b) the Provincial Comptroller appointed under subsection 13(1) of The Financial Administration Act ; (c) any other position classified in the executive officer series. 5.1(2) For the purpose of clause 43(e) of the Act, the following are prescribed: (a) Manitoba Hydro; (b) the Manitoba Liquor and Lotteries Corporation; (c) the Manitoba Public Insurance Corporation; (d) Efficiency Manitoba. PART 6 POLITICAL STAFF Definition 6.1 In this Part, "chief of staff" means the senior member of the political staff. Employment functions of political staff 6.2 The following are the employment functions of political staff: (a) to act in a confidential capacity to the Executive Council or a member of the Executive Council; (b) to provide special, professional or technical expertise to the Executive Council or a member of the Executive Council. Information Note Political staff members are employed to assist the Executive Council and its members on matters when the non-political and the political work of government overlap and when it would not be appropriate for core public service employees to become involved. Political staff members provide assistance that is complementary to the impartial advice and support that the core public service provides to the Executive Council and its members. Employment agreements for political staff 6.3 It is a term of employment of the chief of staff that the chief of staff is authorized to enter into an employment agreement with the other political staff members. Information Note All political staff members are appointed by the Lieutenant Governor in Council under section 59 of the Act. Conditions of employment 6.4(1) The following provisions of Part 3 apply, with necessary changes, to political staff: (a) sections 3.5 and 3.6 (absence due to illness or injury, injury at work); (b) section 3.7 (independent medical examination); (c) section 3.11 (regular pay); (d) sections 3.12 to 3.14 (holidays and holiday pay); (e) sections 3.15 to 3.17 ( extra time); (f) sections 3.18 to 3.20 (vacation leave); (g) sections 3.22 and 3.23 (sick leave); (h) sections 3.24 and 3.25 (use of sick leave and workers compensation claim and MPI income replacement); (i) section 3.26 (ill or injured while on vacation leave); (j) section 3.27 (family-related leave); (k) sections 3.28 to 3.31 (maternity leave — Plan A, Plan B); (l) section 3.32 (leave — birth of employee's child); (m) section 3.33 (adoptive parent leave); (n) section 3.34 (parental leave); (o) section 3.35 (compassionate leave); (p) section 3.37 (benefit plans); (q) section 3.38 (long-term disability income plan); (r) section 3.43 (civil liability). 6.4(2) The letter of employment for a political staff member must (a) state that the terms and conditions of employment are referred to in this Part as well as their employment agreement; and (b) indicate their hours of work and work schedule. Workforce management of political staff 6.5(1) For the purpose of subsection 60(2) of the Act, a political staff member must comply with the policies developed and implemented under Part 3 of the Act for (a) a respectful workplace, including policies for addressing and preventing harassment, including sexual harassment and bullying; (b) employee conflict of interest; (c) workplace impairment; (d) reasonable accommodation; (e) the use of technology in the workplace, including employee network usage, the use of the virtual private network and mobile devices; (f) the use of the internet and social media; and (g) employee conduct in relation to offences under the Criminal Code (Canada), drug related offences under any other federal law and offences under any other federal or any provincial law. 6.5(2) In carrying out their employment functions, a political staff member must not exercise any power to manage employees in the core public service. Unpaid leave of absence for candidacy 6.6(1) A political staff member who seeks nomination as a candidate in an election or is a candidate before the election period may request a leave of absence without pay from the chief of staff. 6.6(2) On receiving the request, the chief of staff must grant the political staff member a leave of absence without pay for any part of the period before the election period that the chief of staff considers appropriate. 6.6(3) A political staff member may seek nomination as a candidate or be a candidate in a federal or provincial election during the election period only if the member has requested and has been granted a leave of absence without pay from the chief of staff. 6.6(4) On receiving the request, the chief of staff must grant the political staff member a leave of absence without pay for the nomination period or the election period, as the case may be. 6.6(5) A political staff member who seeks nomination as a candidate or is a candidate in a municipal or school board election during the election period may request a leave of absence without pay from the chief of staff. 6.6(6) On receiving the request, the chief of staff must grant the political staff member a leave of absence without pay for the nomination period or the election period, as the case may be. 6.6(7) A political staff member ceases to be an employee of the government on the day they are declared elected in a federal or provincial election. Restrictions on political activities while employed in public service 6.7(1) In carrying out their employment functions, a political staff member must not do any of the following: (a) use government premises, facilities, resources, equipment or supplies for any purpose that is not directly related to their employment functions; (b) give or create the appearance of giving preferential treatment to a person based on the person's actual or perceived political beliefs, political associations or political activities; (c) within the meaning of The Election Financing Act , solicit a contribution to or accept a contribution on behalf of a registered political party; (d) suppress or supplant the advice prepared for or provided to the Executive Council or a member of the Executive Council by a core public service employee; (e) display a sign or any other thing that supports a political party or candidate in the employee's workspace; (f) wear clothes or any other thing that supports a political party or candidate in the employee's workspace; (g) distribute resources or materials that support a political party or candidate. 6.7(2) A political staff member is considered to be carrying out their employment functions (a) during their regular office hours; and (b) at any other time in respect of which the political staff member receives remuneration from the government. 6.7(3) For the purpose of subsection (2), holiday pay and pay in respect of vacation leave is not considered to be remuneration. PART 7 TRANSITIONAL AND COMING INTO FORCE Transition from former Act to new Act 7.1(1) For the purpose of Part 9 of the Act, (a) as an exception to the last entry in the table in subsection 64(2) of the Act, an individual who entered into an employment agreement under the former Act in respect of an appointment to the following positions before the day this regulation comes into force is deemed not to be a core public service employee appointed pursuant to section 17 of the Act: (i) the Chief Commissioner and Deputy Chief Commissioner of the Automobile Injury Compensation Appeal Commission under The Manitoba Public Insurance Corporation Act , (ii) the Chief Commissioner and Deputy Chief Commissioner of the Residential Tenancies Commission under The Residential Tenancies Act , (iii) the Chair and Vice-Chair of the Manitoba Labour Board under The Labour Relations Act , (iv) the Chairperson of the Public Utilities Board under The Public Utilities Board Act , (v) the Chairperson of the Clean Environment Commission under The Environment Act , (vi) the Chairperson of the Manitoba Securities Commission under The Securities Act , (vii) an articling student with the Department of Justice; (b) a current pay plan established under the former Act on or before the day this regulation comes into force is deemed to be established under the Act and continues to apply until it is amended or replaced. 7.1(2) In this section, "former Act" means The Civil Service Act , R.S.M. 1987, c. C110. Coming into force 7.2 This regulation comes into force on the same day that The Public Service Act , S.M. 2021, c. 11, comes into force.