QR&O: Volume I - Chapter 16 Leave

Section 1 - General

16.01 - WITHHOLDING OF AND RECALL FROM LEAVE

(1) Leave may be withheld from an officer or non-commissioned member only when there is a military requirement to do so.

(2) An officer or non-commissioned member on leave may be recalled to duty only:

1. because of imperative military requirements; and
2. when the member's commanding officer personally directs the member's return to duty.

(3) An officer or non-commissioned member recalled to duty under paragraph (2) ceases to be on leave and is on duty during the period of the journey from the place from which he is recalled to his place of duty and during the period of the return journey if he resumes leave immediately after completion of the duty for which he was recalled.

(M) [2 September 2010 – (2)(b)]

16.02 - INVOLUNTARY ABSENCE FOLLOWING LEAVE

(1) An officer or non-commissioned member who is unable through circumstances beyond his control to return to his place of duty at the expiration of his leave shall:

1. report the circumstances and the expected date of return to
   1. his commanding officer, or
   2. the commanding officer of the nearest unit; and
2. on returning to his place of duty, present proof, including a medical certificate if applicable, of the circumstances that precluded his earlier return.

(2) A commanding officer to whom a report is made under sub-subparagraph (1)(a)(ii) shall communicate by message full particulars to the commanding officer of the officer or non-commissioned member.

(M)

[16.03: not allocated]

16.04 - PERMISSION TO PROCEED TO ANOTHER COUNTRY ON LEAVE

Except when authorized by the Chief of the Defence Staff or such officer as he may designate, an officer or non-commissioned member on leave shall not proceed beyond Canada or the country in which the member is serving.

(M)

[16.05 to 16.10 inclusive: not allocated]

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Section 2 - Long Leave

16.11 - APPLICATION OF SECTION

Long leave under this section shall be granted only to an officer or non-commissioned member of:

1. the Regular Force; and
2. the Reserve Force if the member is on active service or is on Class "B" Reserve Service or Class "C" Reserve Service for a period of service of at least 30 consecutive days.

(M) [1 April 2004 – (b)]

(M) [16.12 : REPEALED ON 1 APRIL 2015]

16.13 - AUTHORIZATION OF LONG LEAVE - SPECIAL CASES

Except when the approval of a higher authority is required by this section, long leave may be granted to:

1. a commanding officer, by the officer commanding the command; and
2. an officer commanding a command or an officer holding such an appointment at National Defence Headquarters as may be designated by the Chief of the Defence Staff, by the Chief of the Defence Staff.

(M)

16.14 - ANNUAL LEAVE

(1) The following definitions apply in this article.

“working day” (jour ouvrable)

means a day of paid service on which an officer or non-commissioned member is regularly scheduled to perform duty.

“year” (année)

includes part of a year, rounded up to two decimal places.

“years of service” (années de service)

means the number of years of service in the Canadian Forces that is determined in accordance with paragraph (6).

(2) Annual leave may be granted to an officer or non-commissioned member by

1. their commanding officer, or an officer or non-commissioned member designated by their commanding officer; or
2. an officer commanding a formation, an officer commanding a command, the Chief of Defence Staff or the Minister.

(3) Annual leave may be granted to an officer or non-commissioned member up to the maximum entitlement prescribed in this article and after consideration of all of the following:

1. the military requirements related to the service of the officer or non-commissioned member;
2. the promotion of the welfare, efficiency and good discipline of the officer or non-commissioned member; and
3. the officer or non-commissioned member’s request, if any, to be granted annual leave.

(4) Subject to paragraph (7), an officer or non-commissioned member of the Regular Force is entitled to annual leave equivalent to

1. in respect of each fiscal year, other than one in which they are enrolled in or transferred to the Regular Force or cease to serve in the Regular Force,
   1. if they have not completed five years of service, two working days for each month of paid service during that fiscal year, to a maximum of 20 working days,
   2. if they have completed at least five years but less than 28 years of service, two working days for each of the first 11 months of paid service during that fiscal year, and three working days for the 12th such month, to a maximum of 25 working days, and
   3. if they have completed at least 28 years of service, two and a half working days for each month of paid service during that fiscal year, rounded up to the nearest whole number, to a maximum of 30 working days;
2. in respect of a fiscal year in which they are enrolled in or transferred to the Regular Force, other than one in which they cease to serve in the Regular Force,
   1. if they have not completed five years of service on the date of their enrolment or transfer, two working days for each month of paid service during that fiscal year, to a maximum of 20 working days,
   2. if they have completed at least five years but less than 28 years of service on the date of their enrolment or transfer, two working days for each month of paid service during that fiscal year, to a maximum of 24 working days, and
   3. if they have completed at least 28 years of service on the date of their enrolment or transfer, two and a half working days for each month of paid service during that fiscal year, rounded up to the nearest whole number, to a maximum of 30 working days; and
3. in respect of a fiscal year in which they cease to serve in the Regular Force,
   1. if they have not completed five years of service on the date that they cease to serve, two working days for each month of paid service — other than each month on leave under article 16.18 (Retirement Leave) — during that fiscal year, to a maximum of 20 working days,
   2. if they have completed at least five years but less than 28 years of service on the date that they cease to serve, two working days for each month of paid service — other than each month on leave under article 16.18 — during that fiscal year, to a maximum of 24 working days, and
   3. if they have completed at least 28 years of service on the date that they cease to serve, two and a half working days for each month of paid service — other than each month on leave under article 16.18 — during that fiscal year, rounded up to the nearest whole number, to a maximum of 30 working days.

(5) An officer or non-commissioned member of the Regular Force shall be advanced a number of days of annual leave that is equivalent to their anticipated entitlement to annual leave for a fiscal year under paragraph (4)

1. at the beginning of the fiscal year; or
2. if they are enrolled in or transferred to the Regular Force during the fiscal year, on the day on which they are enrolled or transferred.

(6) An officer or non-commissioned member’s number of years of service is determined by the formula

A + B – C + [0.25 × (D – E – F)]

where

A is the number of years of service in the Regular Force;

B is the number of years of service in the Reserve Force on Class “B” or “C” Reserve Service;

C is the number of years of leave without pay granted under article 16.25 (Leave Without Pay and Allowances);

D is the number of years of service in the Primary Reserve, the Cadet Organizations Administration and Training Service or the Canadian Rangers, other than on Class “B” or “C” Reserve Service;

E is the number of years of exemption from Primary Reserve duty and training, other than years of exemption under articles 9.09 (Exemption from Duty and Training – Maternity Purposes) and 9.10 (Exemption from Duty and Training – Parental Purposes); and

F is the number of years of being declared Primary Reserve non-effective strength.

(7) If an officer or non-commissioned member has been granted annual leave in any fiscal year that is in excess of the amount authorized under paragraph (4) for that fiscal year, the excess leave shall be dealt with in accordance with article 208.315 (Forfeitures in Respect of Leave).

(8) Leave equivalent to annual leave taken by an officer or non-commissioned member by authority of any other military force, government department or agency to which they are attached or seconded shall be deducted from the annual leave entitlement for the fiscal year in which it is taken.

(9) If, at the end of a fiscal year, an officer or non-commissioned member has an entitlement to annual leave that was not granted in that fiscal year and that may not be carried over as accumulated leave under article 16.15 (Accumulated Leave), that entitlement shall be dealt with under CBI 205.75 (Payment in Lieu of Annual Leave).

(10) An officer or non-commissioned member of the Reserve Force — who is on Class “B” or “C” Reserve Service of at least 30 consecutive days — is entitled to annual leave of one working day for each 15 consecutive days of paid service during that period of service, to a maximum of 24 working days in a fiscal year.

(11) Annual leave granted to an officer or non-commissioned member of the Reserve Force in accordance with paragraphs (3) and (10) shall be

1. taken during the period of Reserve Service referred to in paragraph (10); or
2. dealt with under CBI 205.75.

(M) [1 September 2001 – (8); 1 April 2002 – (3)(a), (3)(b), (3)(c), (3)(d), 3(e), and (4.1); 1 April 2004 – (3)(a)(i), (3)(a)(ii), (3)(b)(i), (3)(b)(ii), (3)(d)(i), (3)(d)(ii), (4) and (9); 1 April 2015]

16.15 - ACCUMULATED LEAVE

(1) In this article, “working day”, “year” and “years of service” have the same meanings as in paragraph (1) of article 16.14 (Annual Leave).

(2) The annual leave of an officer or non-commissioned member of the Reserve Force that is not granted in a fiscal year or during a period of Reserve Service that commences after 31 March 2015 shall not be carried over as accumulated leave.

(3) The annual leave of an officer or non-commissioned member of the Regular Force that is not granted in a fiscal year that begins after 31 March 2015 may be carried over as accumulated leave in accordance with this article.

(4) Subject to paragraphs (5) and (6), the carrying over of annual leave may be approved personally

1. if the amount to be carried over is five days or less, by a commanding officer or an authority specified in subparagraph (b); or
2. if the amount to be carried over is in excess of five days, by an officer commanding a formation, an officer commanding a command, the Chief of Defence Staff or the Minister.

(5) The maximum amount of annual leave in a fiscal year that may be carried over as accumulated leave is

1. in the case of an officer or non-commissioned member who has not completed five years of service, 20 working days; and
2. in the case of an officer or non-commissioned member who has completed at least five years of service, 25 working days.

(6) The carrying over of annual leave as accumulated leave may be approved if all of the following conditions are satisfied:

1. the annual leave has been withheld because of imperative military requirements; and
2. after carrying over that annual leave, the resulting amount of accumulated leave to the credit of the officer or non-commissioned member does not exceed the maximum amount that is established under paragraph (7).

(7) Subject to paragraph (8), the maximum amount of accumulated leave that may be to the credit of an officer or non-commissioned member at the beginning of a fiscal year that commences after 31 March 2015 is

1. in the case of an officer or non-commissioned member who has not completed five years of service at the end of the previous fiscal year, 20 working days; and
2. in the case of an officer or non-commissioned member who has completed at least five years of service at the end of the previous fiscal year, 25 working days.

(8) If, at the beginning of the 2015–2016 fiscal year, an officer or non-commissioned member had to their credit more than the maximum amount of accumulated leave established under paragraph (7),

1. they are entitled to retain the excess, which may be granted in accordance with paragraph (9) or which may be the subject of a payment under CBI 205.76 (Payment in Lieu of Accumulated Leave); and
2. no annual leave may be carried over as accumulated leave until the accumulated leave that has been credited to them after the end of the 1995–1996 fiscal year is less than the maximum amount of accumulated leave established under paragraph (7).

(9) All or any portion of accumulated leave to the credit of an officer or non-commissioned member may be granted in any fiscal year in the same manner as under article 16.14, but only after all annual leave under that article has been granted in that fiscal year.

(M) [1 April 1996; 1 April 2015]

16.16 - SICK LEAVE

An officer or non-commissioned member may be granted sick leave not exceeding:

1. two continuous calendar days by the member's commanding officer without the recommendation of a medical officer;
2. 30 continuous calendar days, not including any sick leave granted under subparagraph (a), by a medical officer, or a civilian medical doctor designated by the senior medical officer of a base;
3. 91 continuous calendar days, including any sick leave granted under subparagraphs (a) and (b), by the senior medical officer of a formation; or
4. 183 continuous calendar days, including any sick leave granted under subparagraphs (a), (b) and (c), by the Surgeon General or a medical officer designated by the Surgeon General.

(M) [1 April 2002]

16.17 - COMPASSIONATE LEAVE

(1) An officer or non-commissioned member may be granted compassionate leave not exceeding:

1. 14 calendar days by a commanding officer; or
2. 30 calendar days, including any leave granted under subparagraph (a), by an officer commanding a command.

(2) Compassionate leave may be granted only for urgent and exceptional personal reasons and the commanding officer shall:

1. in normal cases verify to his satisfaction the grounds upon which the leave is requested before granting it; and
2. in cases of apparent urgency grant the leave and instruct the applicant to furnish definite verification of the grounds on the applicant's return from leave.

(3) Any compassionate leave granted under subparagraph (2)(b) that is not subsequently verified shall be recovered in accordance with orders issued by the Chief of the Defence Staff.

(M)

16.18 - RETIREMENT LEAVE

Retirement leave is all leave granted to an officer or non-commissioned member immediately prior to release from or transfer from the Regular Force, including, if applicable, annual leave as set out in article 16.14 (Annual Leave), accumulated leave as set out in article 16.15 (Accumulated Leave), rehabilitation leave as set out in article 16.19 (Rehabilitation Leave) and special leave as set out in article 16.20 (Special Leave).

(M)

16.19 - REHABILITATION LEAVE

(1) For the purposes of this article, "continuous service" in respect of an officer or non-commissioned member means, subject to paragraph (2):

1. the current period of his uninterrupted full-time paid service in the Regular Force up to and including, as appropriate
   1. the date on which he commences retirement leave, if he is to be released from or transferred from the Regular Force in any circumstances other than those described in sub-subparagraph (ii) or (iii),
   2. the date on which he will have reached his retirement age as prescribed in the table to article 15.17 (Release of Officers – Age and Length of Service) or to article 15.31 (Release of Non-commissioned Members – Age and Length of Service) that applies to him, or age 60 in the case of a military judge, if he is to be released or transferred from the Regular Force for having reached his retirement age and he commences retirement leave before reaching that age, or
   3. the date that is prescribed in his records as the termination date of his fixed period of service or of an extension thereof, if he is to be released from or transferred from the Regular Force for having completed a fixed period of service and if he commences retirement leave prior to having completed that period of service or an extension thereof; and
2. his uninterrupted full-time paid service, if any, in another of Her Majesty's Forces that immediately preceded the period of his service specified in subparagraph (a) if, prior to 1 February 1969, he enrolled in or transferred to the Canadian Forces Regular Force immediately following termination of that service in another of Her Majesty's Forces.

(2) Any interruption in full-time paid service attributable to:

1. a release from one of Her Majesty's Forces for the purpose of enrolling in another of Her Majesty's Forces, including a release from or transfer from one of the former Services of the Canadian Forces for the purpose of enrolling in another of the former Services of the Canadian Forces;
2. a period of leave without pay; or
3. a period of limitation of payments in accordance with article 203.20 (Officers - Regular Force - Limitation of Payments);

shall, for the purposes of this article, be deemed not to be an interruption of continuous service, but any such period or periods of leave without pay, limitation of payments or suspension from duty shall not be included in the computation of continuous service.

(3) Subject to paragraphs (4) and (5), the Chief of the Defence Staff or such officer as he may designate may grant rehabilitation leave to an officer or non-commissioned member of the Regular Force whose release or transfer to the Reserve Force has been approved, computed on the basis of:

1. where continuous service is of five or more years duration,
   1. 30 calendar days leave for each five year period,
   2. seven calendar days leave for each year beyond the last five year period, and
   3. one calendar day's leave for each 60 days beyond the last year;
2. where continuous service is of less than five years duration but more than one year,
   1. seven calendar days leave for each year, and
   2. one calendar day's leave for each 60 days beyond the last year; or
3. where continuous service is of less than one year's duration, one day's leave for each 60 day period;

but the total number of days granted in accordance with sub-subparagraphs (a)(ii) and (iii) or subparagraph (b) shall not exceed 30 days.

(4) Rehabilitation leave shall not be granted to an officer or non-commissioned member:

1. who, having been enrolled in the Regular Force on or before 31 March 1972, is paid severance pay under CBI 204.40 (Canadian Forces Severance Pay);
2. who was enrolled in the Regular Force on or after 1 April 1972; or
3. whose release from or transfer from the Regular Force is approved under one of the following items in the table to article 15.01 (Release of Officers and Non-commissioned Members)
   1. Item 1 (Misconduct),
   2. Item 2 (Unsatisfactory Service),
   3. Item 4(c) (On Request - Other Causes) unless on the date of his release or transfer he has completed 10 or more years of service in the Regular Force and
      1. has to his credit 20 or more years of pensionable service for the purposes of the Canadian Forces Superannuation Act, or
      2. is within three years of his retirement age as prescribed in paragraph (1) of article 15.17 (Release of Officers – Age and Length of Service) or in paragraph (1) of article 15.31 (Release of Non-commissioned Members – Age and Length of Service), or age 60 in the case of a military judge,
   4. Item 5(d) (Not Advantageously Employable), or
   5. Item 5(f) (Unsuitable for Further Service).

(5) Where the continuous service of an officer or non-commissioned member who enrolled in the Regular Force on or after 1 January 1964 includes service in Her Majesty's Forces other than those raised in Canada, the leave to be granted shall be reduced by any period of rehabilitation or equivalent leave granted on completion of such previous service, or, if the member received a payment in lieu of such leave, by the number of days stipulated by the Chief of the Defence Staff.

(M) [9 January 2001 – (2)(d) repealed; 1 September 2001 – (4)(a); 1 June 2014 – (1)(a)(ii), (4)(c)(iii)(A) and (B)]

16.20 - SPECIAL LEAVE

An officer or non-commissioned member may be granted special leave:

1. not exceeding 30 calendar days by or under the authority of the Chief of the Defence Staff; or
2. for any period by or under the authority of the Minister.

(M)

[16.21 to 16.24 inclusive: not allocated]

16.25 - LEAVE WITHOUT PAY AND ALLOWANCES

An officer or non-commissioned member may be granted leave without pay and allowances, in the circumstances prescribed in orders issued by the Chief of the Defence Staff, for a period:

1. not exceeding 14 calendar days, if authorized by a commanding officer;
2. not exceeding 30 calendar days, including any leave granted under subparagraph (a), if authorized by an officer commanding a command; or
3. for any period, if authorized by or under the authority of the Chief of the Defence Staff.

(M)

16.26 - MATERNITY LEAVE

(1) (Application) This article applies to an officer or non-commissioned member of the Regular Force or the Reserve Force on Class "B" or "C" Reserve Service.

(2) (Definition) In this article, "maternity leave" means a period of leave without pay and allowances granted to an officer or non-commissioned member for maternity purposes.

(3) (Eligibility) An officer or non-commissioned member who has been pregnant for at least 19 weeks is entitled, on request, to maternity leave for a period of up to the sum of the applicable periods of entitlement referred to in CBI subparagraph 205.461(4)(a) (Maternity and Parental Allowances) and paragraph 205.461(7).

(4) (Start and End of Period) Subject to paragraphs (5), (7) and (8), the period of maternity leave shall not start more than 8 weeks before the expected date of birth and shall end not later than 18 weeks after the date of the end of the pregnancy.

(5) (Extension) The end date of the period of maternity leave shall be extended by any of the following periods:

1. any period during which one or more new-born children are hospitalized, if the officer or non-commissioned member has not yet started the period of the maternity leave; and
2. any period during which the officer or non-commissioned member, having started but not ended the period of the maternity leave, returns to duty while one or more new-born children are hospitalized.

(6) (Military Requirements) When an officer or non-commissioned member has started but not ended maternity leave, a commanding officer may direct that the member return to duty because of imperative military requirements.

(7) (Maternity Benefits Extended) If a period of maternity benefits received under the Employment Insurance Act, or a provincial law or scheme, is extended in accordance with the Employment Insurance Act or the provincial law or scheme because the officer or non-commissioned member returns to duty under paragraph (6), the end date of the period of maternity leave granted shall be extended by the period that the maternity benefits are extended under the applicable law or scheme.

(8) (Limitation) A period of maternity leave extended under paragraphs (5) or (7) shall not end later than 52 weeks after the date of the end of the pregnancy.

(M) [20 July 2006 – (2), (3), (4), (5) and (7)]

16.27 - PARENTAL LEAVE

(1) (Application) This article applies to an officer or non-commissioned member of the Regular Force or the Reserve Force on Class "B" or "C" Reserve Service.

(2) (Definition) In this article, "parental leave" means a period of leave without pay and allowances granted to an officer or non-commissioned member for parental or paternity purposes relating to one or more new-born or adopted children or children to be adopted.

(3) (Eligibility) An officer or non-commissioned member is entitled to parental leave, on request, if the member:

1. has the care and custody of one or more new-born children of the member;
2. starts legal proceedings under the laws of a province to adopt one or more children who are placed with the member for the purpose of adoption; or
3. obtains an order under the laws of a province for the adoption of one or more children.

(4) (Period of Leave) The period of parental leave is up to:

1. a period of 37 weeks; or
2. if the officer or non-commissioned member is entitled to a period of leave under article 16.26 (Maternity Leave), a period of the sum of the applicable periods of entitlement referred to in CBI subparagraph 205.461(4)(b) (Maternity and Parental Allowances) and paragraph 205.461(7).

(5) (Start and End of Period) The period of parental leave shall be taken within 52 weeks of the day on which the child or children of the officer or non-commissioned member are born or the day on which the member first became entitled to parental leave under subparagraph (3)(b) or (c).

(6) (Extension) The end date of the period of parental leave shall be extended by any of the following periods:

1. any period during which one or more new-born or adopted children or children to be adopted are hospitalized, if the officer or non-commissioned member has not yet started the period of the parental leave;
2. any period during which the officer or non-commissioned member, having started but not ended the period of the parental leave, returns to duty while one or more new-born or adopted children or children to be adopted are hospitalized; and
3. any period during which the officer or non-commissioned member, having started but not ended the period of the parental leave, is directed to return to duty by the commanding officer because of imperative military requirements.

(7) (Limitation) A period of parental leave

1. extended under subparagraph 6(a) or 6(b) shall end no later than 52 weeks after the day on which the officer or non-commissioned member first becomes entitled to parental leave under paragraph (3); or
2. extended under subparagraph 6(c) or deferred under paragraph (8) shall end no later than 104 weeks after the day on which the officer or non-commissioned member first becomes entitled to parental leave under paragraph (3).

(8) (Military Requirements) A commanding officer may defer the start date of the period of parental leave if there are military imperative requirements.

(9) (Combined Periods - Parental Reasons) Subject to paragraph (10), if both parents are members of the Canadian Forces, the sum of the periods of parental leave to which the parents are entitled under this article, or the sum of the periods of parental leave under this article and any exemption from duty and training under article 9.10 (Exemption from Duty and Training - Parental Purposes) to which the parents are entitled, shall not exceed 37 weeks.

(10) (Combined Periods - Parental and Maternity Reasons) If both parents are members of the Canadian Forces and one parent is entitled to an exemption from duty and training under article 9.09 (Exemption From Duty and Training - Maternity Purposes) or is entitled to maternity leave under article 16.26, the sum of the period of exemption from duty and training under article 9.09 or maternity leave under article 16.26 to which a parent is entitled, and the periods of parental leave under this article and any exemption from duty and training under article 9.10 to which the parents are entitled, shall not exceed 52 weeks.

(11) (Transitional) The end date of the period of parental leave for an officer or non-commissioned member to whom section 4 of the Fairness for Military Families (Employment Insurance) Act applies is extended in the same manner as the period referred to in subsection 23(2) of the Employment Insurance Act as determined by the application of that section.

(M) [20 July 2006 – (2), (3), (4), (5), (6), (7), (8), (9) and (10); 2 September 2010 – (7), (8) and (11)]

[16.28 and 16.29: not allocated]

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Section 3 - Short Leave

16.30 - GRANTING OF SHORT LEAVE

Short leave may be granted to an officer or non-commissioned member by a commanding officer in the circumstances prescribed in orders issued by the Chief of the Defence Staff.

(M)

[16.31 to 16.99 inclusive: not allocated]