Maternity And Paternity In Quebec: Two Different Concepts

In a very important decision handed down on July 20, 2015,1 the arbitrator dismissed a grievance after determining that not receiving wage replacement benefits on top of government benefits while on paternity leave, when mothers on maternity leave receive such additional wage replacement benefits, is not discriminatory against fathers.

Background

The Public Service Alliance of Canada (the Alliance) filed a grievance alleging that the fact that only mothers on maternity leave received benefits from their employer, Aéroports de Montréal, in addition to government benefits, to the exclusion of fathers on paternity leave, was discriminatory. The Alliance and the employer sought an interpretation decision from arbitrator Marc Gravel on the contested legality of not paying additional benefits to fathers on paternity leave. That decision would, at the same time, address other similar grievances, including grievances filed on behalf of other units against the same employer.

It is important to note that both mothers and fathers who decided to take parental leave could receive an additional employer-paid benefit for a certain number of weeks on top of the benefits paid under the Quebec Parental Insurance Plan. In other words, while there was a distinction between maternity leave and paternity leave, in the case of Parental leave, which was shared between the two parents, benefits were paid without regard to the gender of the parent who was on leave.

Decision

In his decision, the arbitrator reviews and analyzes the question in detail, focusing on the union's claim of discrimination and disparity in treatment. He broadly outlines the parties' representations and joins, with approval, the employer's argument supporting...