Topping Up Maternity And Parental Leave Plans: Does Your Plan Discriminate?

On November 14, 2014, the Supreme Court of Canada released oral reasons allowing the appeal in British Columbia Teachers' Federation v. British Columbia Public School Employers' Association, 2014 SCC 70.

This decision will impact any employer who provides a supplementary employment benefit (SEB) to employees on maternity or parental leave.

The Case

The British Columbia Teachers' Federation and the Surrey Teachers' Association (collectively, the "Union") and the British Columbia Public School Employers' Association and Board of Education of School District No. 36 (Surrey) (together, the "Employer") had negotiated a collective agreement that provided SEB benefits for 17 weeks for all parents (birth mothers, adoptive parents, and birth fathers).