Paid leave: Act respecting labour standards not intended to top up collective agreements

Release date: April 2, 2020

The union contested the employer’s decision to grant the two days of paid leave provided for by the Act respecting labour standards (ALS) only to employees without two or more flexible leave days per year. Under the collective agreement, employees with 10, 15 and 20 years of service are granted 1, 2 and 4 flexible paid leave days per year. The arbitrator found that the ALS amendments only oblige employers to recognize the right to at least two days of paid leave per year for employees who have at least three months of uninterrupted service and do not already receive this benefit. Employees who already enjoy at least two days of paid leave per year do not acquire the benefit of two days of paid leave granted to the other employees by virtue of the ALS, as the collective agreement already grants them a benefit equal or superior to the leave specified in the ALS. The grievance was dismissed.

Syndicat des travailleurs spécialisés de Sintra and Sintra inc.
2019EXPT-1992, 2019 QCTA 502, Richard Marcheterre


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