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June 10, 2003
Marriage Leave and Same Sex
Couples
The purpose of this bulletin is to provide departments with
direction to implement an order by the Canadian Human Rights Tribunal regarding
marriage leave and same-sex couples.
This supersedes the bulletin issued by the Director of
Representation and Consultation, dated June 12, 1997, instructing departments
not to give general implementation to the Public Service Staff Relations Board
(PSSRB) decision issued on June 5, 1997 that awarded marriage leave to a
Physical Scientist in Natural Resources Canada.
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.
New Leave Provision
In light of this Tribunal Order and in the interim, 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 up to five (5) days leave to employees in a same -sex
relationship who apply for leave in recognition of their same-sex public
commitment ceremony. This provision also applies to excluded and unrepresented
employees, including executives. The effect of this new provision is for the
future only.
This leave is to be approved in accordance with the Leave
with Pay for Other Reasons Article of the relevant collective agreement,
until such time as the Treasury Board Secretariat directs otherwise.
The employee will provide a sworn affidavit certifying to the
spousal union for the purpose of granting the employee with the leave with pay.
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.
Original
signed by
Thomas A. Smith
Director, Pay Administration
Labour Relations and Compensation Operations
Human Resources Management Office
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