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August 12, 2003
Marriage Leave and Same- Sex Couples
The purpose of this bulletin is to provide departments with
direction in light of recent court decisions on marriage and to implement an
order by the Canadian Human Rights Tribunal regarding marriage leave and
same-sex couples.
This supersedes the bulletin issued on June 10, 2003, by the
Director, Pay Administration which in turn superseded the bulletin issued by the
Director of Representation and Consultation, dated June 12, 1997.
Background:
On May 26, 2003, the Canadian Human Rights Tribunal heard the
complaints of three federal government employees alleging that the denial of
marriage leave under their respective collective agreements discriminated
against them on the basis of sexual orientation. All three complainants had
sought marriage leave for the purpose of participating in a public ceremony
expressing their commitment to a same-sex partner in a form of union.
Tribunal Order:
The Tribunal Order directs the Employer to credit the employees
for the annual leave they were obliged to take as a result of the denial of
marriage leave.
It also allows some time for Treasury Board to take the
necessary steps to eliminate the discriminatory practice in the application of
all the collective agreements to which it is party. The Treasury Board
Secretariat is proposing to talk with the bargaining agents on how to implement
the Tribunal Order.
Leave Provisions:
Treasury Board Secretariat is hereby instructing organizations
listed in the Public Service Staff Relations Act, Schedule I, Part I,
effective from May 26, 2003:
To grant employees in a same-sex relationship who marry in a
province where same-sex marriage is recognized, Marriage Leave for the purpose
of getting married.
To grant up to five (5) days leave to employees in a same-sex
relationship who apply for leave to participate in their public commitment
ceremony, in provinces where same-sex marriage is not available.
These leaves are to be coded under Marriage Leave or Family
Related Responsibilities Leave article, as applicable, of the relevant
collective agreement, until such time as the Treasury Board Secretariat directs
otherwise.
These provisions also apply to excluded and unrepresented
employees, including executives.
As is the case for any employee, management may require a
validation of the circumstances necessitating the leave request, which, for the
purpose of this leave, will be a marriage certificate, a statutory declaration
or a sworn affidavit certifying to their public commitment ceremony.
Departmental Compensation and Staff Relations managers should
direct any questions that they may have to their corporate Compensation
officials who, if need be, can contact the Pay Administration Section.
Thomas A. Smith
Director, Pay Administration
Labour Relations and Compensation Operations
Human Resources Management Office
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