# 2022-003 Pay and benefits, Annual Leave, Entitlement to Annual Leave (Systemic), Leave Entitlement

Case summary

F&R Date: 2023-03-24

The grievor's request to accumulate one day of annual leave was denied. Instead, the grievor was ordered to take one day of annual leave during a period of self-isolation required before attending a career course. The grievor argued that the period of self-isolation constituted an Imperative Military Requirement (IMR), which precluded using annual leave. Additionally, the grievor referenced Canadian Forces General Message (CANFORGEN) 052/20, Compensation and Leave Entitlements in Relation to COVID-19, arguing that this message provides that those directed to self-isolate should be considered on duty.

The Initial Authority (IA) acknowledged that the period of self-isolation was mandatory but found that the course Joining Instructions did not specify that the grievor was required to be on duty during this period. The IA stated that the intent of CANFORGEN 052/20 was to allow Canadian Armed Forces members to continue to work during self-isolation if necessary and not that members are only to be considered on duty during self-isolation. 

The Committee noted that the period of self-isolation was a task imposed as a prerequisite to attending a career course and, therefore, was a duty to be performed. The Committee found that the period of self-isolation met the definition of an IMR; as such, the grievor was precluded from taking annual leave during the self-isolation period. 

The Committee found that the Commanding Officer improperly ordered the grievor on annual leave when the grievor was tasked on an IMR and precluded from taking annual leave. 

The Committee recommended that the Final Authority (FA) afford the grievor redress by granting one day of accumulated leave, or in the alternative, granting one day of special leave.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation. He directed that the Director General Compensation and Benefits to ensure one day of accumulated leave is added to the grievor's leave record.