Pay Equity Maintenance
Frequently Asked Questions
2021-11-17T13:52:27-05:00

On June 14, 2021, the FPPE and the Secrétariat du conseil du trésor (hereafter SCT) reached an agreement regarding the 2010 pay equity audit claims.The FPPE held information sessions by job class to explain the specifics of the agreement for each of the classes concerned.  Here are some answers to your frequently asked questions.

Question 1: For which job classes were 2010 pay equity audit grievances or representations filed* ?2021-11-17T08:42:16-05:00
  • Speech and Hearing Correction Officer
  • Readaptation Officer
  • Librarian
  • Preschool Education Consultant
  • Guidance Counsellor
  • Education Consultant
  • Academic and Vocational Information Counsellor
  • Communications Consultant
  • Counsellor in Academic Training
  • Counsellor in Reeducation
  • Dietitian – Nutritionist
  • Resource Teacher
  • Speech Therapist – Audiologist
  • Psychoeducator
  • Translator

For more information, please follow the link to the explanatory document

[*] To make this text easier to read in the original French, the feminine gender was used as a neutral gender referring to both men and women.

Question 2: What job classes are covered by the agreement?2021-11-17T08:42:02-05:00
  • Speech and Hearing Correction Officer
  • Readaption Officer
  • Librarian
  • Counsellor in Reeducation
  • Guidance Counsellor
  • Counsellor in Academic Training
  • Speech Therapist[1]

For more information, please follow the link to the explanatory document.

[1] Agreement between APTS and SCT.  The APTS is the union organization that represents the majority of Class 13, speech therapists, in the parapublic sector.  This agreement is applicable to both health and education speech therapists. Here is the link to view the agreement: https://www.fppe.ca/wp-content/uploads/2021/09/Entente-APTS-et-SCT-M2010-29-juillet-2021.pdf

Question 3: How did the FPPE assess the 2010 pay equity audit complaints?2021-11-17T08:41:37-05:00

All complaints were carefully analyzed. Some resulted in an acknowledgement of change, others in the withdrawal of the complaint. The complaints were assessed on the basis of criteria given in the Pay Equity Act, case law, and information we had on file.  If the FPPE opted to withdraw the complaint, it was because the assessment showed that the case had little or no chance of success.  The assessment did not give indications of any hope of a win before the Commission de l’équité salariale-CNESST.

Question 4: Who is entitled to adjustments and retroactivity?2021-11-17T08:41:02-05:00

Any professional[1] who holds, or has held, one of the following job classes listed during the reference period specified for their job class.

 
JOB CLASS RETROACTIVE DATE
Speech and Hearing Correction Officer Retroactive to December 31, 2010
Readaption Officer Retroactive to December 31, 2010
Librarian Retroactive to December 31, 2010
Counsellor in Reeducation Retroactive to December 31, 2010
Speech Therapist Retroactive to December 31, 2010
Guidance Counsellor Retroactive to April 3, 2019
Counsellor in Academic Training Retroactive to April 3, 2019

[1] To make this text easier to read in the original French, the feminine gender was used as a neutral gender referring to both men and women.

Question 5: If I am entitled to retroactivity, what should I do?2021-11-17T08:40:42-05:00

You do not have to do anything if you were employed by the school service centre or the school board at the time of the retroactive payment.

However, if you are no longer employed by the school service centre or school board at the time of the retroactive payment, you must apply to each of your former employers.

E.g., resignation, retirement, etc.

If, at the time of the agreement, you are no longer working in the school service centre(s) or school board(s) covered by the retroactive payment, you must apply to each of your former employers.

Professionals have a one-year period from the signing of the agreement (until June 14, 2022) to submit a claim to each of their former employers for payment of amounts owed.

Question 6: Who should i contact, and how and when do I contact my former employer(s)?2021-11-17T08:45:16-05:00

Professionals who have left their job (e.g., resignation, retirement, etc.) must contact and apply to each of their former employers.

Who should I contact? Human resources at the school board or school service centre.

How do I do it? In writing, requesting an acknowledgement of receipt.  We suggest using the sample letter given in Appendix 1.

What’s the deadline? No later than June 14, 2022, one year from the signing of the agreement.  Professionals have one year to send a request for payment to their former employer(s) for amounts due.

Question 7: When and how will the retroactive payment be made?2021-11-17T08:54:55-05:00

The amounts due will be paid in a single instalment with compound interest at the legal rate within six months of the signing of the agreement (June 14, 2021), i.e., no later than December 14, 2021.

Question 8: What deductions apply to retroactive amounts?2021-11-17T08:56:03-05:00

The retroactive amount is taxable. All the usual deductions such as the Régie des rentes du Québec (RRQ), the Quebec Parental Insurance Plan (QPIP), the RREGOP, employment insurance, union dues, and taxes will be calculated and deducted from the amount corresponding to the retroactive payment. There will be no deduction from the interest portion of the amount due.

If you have any questions or need further clarification, we suggest that you contact human resources, or the payroll department of your school service centre or school board.  If you still have questions afterwards, we suggest you consult your union.

Question 9: Can retroactive amounts be claimed by the heirs of deceased professionals?2021-11-17T08:59:03-05:00

Heirs may claim retroactive amounts by submitting a claim to any former employer of the deceased professional.

Question 10: I think that the school service centre or the school board made errors when calculating my retroactive pay, what should I do?2021-11-17T11:08:07-05:00

In case of doubt or if you notice any errors, we suggest that you ask for explanations from the person responsible in the payroll department of your school service centre or the school board. If you are not satisfied with the explanations you receive, consult your union immediately. Remember that you have a maximum of 90 days to dispute your claim from the time you receive your retroactive amount.

Question 11: If I am currently retired, what can I expect?2021-11-17T11:12:32-05:00

Retraite Québec, which administers the pension plan (RREGOP), will proceed with the payment of retroactive amounts and adjustments to the calculation of the pension to take into account the adjustments resulting from the agreement. The employer will take the necessary steps to do this. The same also applies to professionals who retire after the retroactive payment. The pension will take into account, where applicable, retroactive payments and salary adjustments from the beginning of the reference period to the date of retirement.

We suggest that you carefully check the amounts received and the “new” amount of your pension.  In case of doubt, or if you notice any errors, we suggest that you ask for explanations from the person responsible in the payroll department of your school service centre or school board. If you are not satisfied with the explanations you receive, consult your union immediately.

Question 12: I applied for a buy-back from retraite québec (rregop), will this have an impact?2021-11-17T11:15:56-05:00

Yes, the buy-back will be calculated based on salary adjustments.

Question 13: How will retroactive pay be calculated if I received salary insurance benefits during the qualifying period or if I am currently receiving them?2021-11-17T11:16:27-05:00

The school service centre or school board must recalculate the salary insurance benefits based on the new applicable salary rate in accordance with articles 5-10.31 and as provided for in the collective agreement P1[1].

[1] Clause numbers vary for the Francophone, Anglophone, Cree and Kativik collective agreements.

Question 14: How will retroactive pay be calculated if I have received, or am currently receiving, long-term disability insurance benefits during the qualifying period?2021-11-17T11:25:08-05:00

There should be information sharing between the employer and the insurer so that the insurer can make adjustments to the long-term disability benefits. Considering that the employer has six months to pay the retroactive pay, we ask that you wait until the employer pays the amounts due before contacting the insurer.

Question 15: Will my QPIP benefits that I receive (or that I have received in previous years) be recalculated?2021-11-17T11:20:36-05:00

We suggest that you consult the RQAP website:

https://www.rqap.gouv.qc.ca/en/about-the-plan/pay-equity

We suggest that you visit the CSQ website https://securitesociale.lacsq.org/wp-content/uploads/2021/10/impacts-des-montants-forfaitaires-et-de-la-rétroactivité-sur-le-rqap.pdf [in French only]

If you have any questions or need further clarification, we suggest that you contact a QPIP customer service representative.  If you are not satisfied with the explanations you receive, consult your union immediately.

Question 16: If I have filed an individual complaint with the CNESST and I decide to maintain my grievance, will I be entitled to the corrective measures provided for in the agreement between the fppe and the SCT?2021-11-17T11:22:41-05:00

Yes, anyone who maintains their individual complaint is entitled to the corrections of the agreement between the FPPE and SCT.  The individual pursuit of a complaint, despite the agreement reached, means that the CNESST will continue to investigate the complaint filed and that a decision will be rendered at the end of the process.

It should be noted that the FPPE will not get involved in any individual dispute.  The process is specific to each professional who has filed an individual complaint with the CNESST.  The FPPE is not and will not be involved in this procedure.

Question 17: For class #2, guidance counsellor, how does the change in predominance change anything the job class?2021-11-17T11:24:53-05:00

First of all, the change in predominance will allow professionals to receive retroactive pay and a correction of discriminatory wage gaps.  Only female-dominated job classes may be subject to a salary adjustment. To achieve pay equity, the employer cannot reduce the salary of a male job class[1].

[1] Calculating wage gaps | Commission des normes de l’équité de la santé et de la sécurité du travail – CNESST (gouv.qc.ca) [in French only]

Question 18: What is the purpose of the wage gap “curve”?2021-11-17T11:27:43-05:00

The curve is necessary for comparison with female-dominant jobs to determine if gaps exist and must be paid by the employer under the Pay Equity Act.     

The calculation of wage gaps allows us to see if there is a difference in pay between female- and male-dominated job classes of equivalent value. If two classes have the same score, they should have access to the same salary.

If the comparison between male-dominated job classes and female-dominated job classes reveals wage gaps, wage adjustments must be made to correct these gaps.

Only female-dominated job classes are subject to a salary adjustment. To achieve pay equity, the employer cannot reduce the salary of a male job class[1].

[1] Calculating wage gaps | Commission des normes de l’équité de la santé et de la sécurité du travail – CNESST (gouv.qc.ca) [in French only]

APPENDIX 1 – Template for payment request of an amount under the 2010 Maintenance Agreement2021-11-17T13:51:00-05:00
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