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 if the following conditions are met:

1. there are imperative military requirements to do so; 
2. their commanding officer personally directs their return to duty; and
3. they are not on sick leave granted under any of subparagraphs 16.16‍(b) to (d)‍.

(3) An officer or non-commissioned member recalled to duty under paragraph (2) ceases to be on leave and is on duty during the journey from the place from which they are recalled to their place of duty and during the return journey if they resume their leave immediately after completion of the duty.

(M) [2 September 2010 – (2)(b); 1 April 2025 – (2) and (3)] 

16.02 - INVOLUNTARY ABSENCE FOLLOWING LEAVE

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

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

(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) [1 April 2025 – (1)]

[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 any officer that the Chief of the Defence Staff may designate, an officer or non-commissioned member on leave shall not proceed beyond Canada or the country in which they are serving.

(M) [1 April 2025]

[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 that is determined in accordance with paragraph (6) or (10)‍. (années de service)

(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, or the reserve force on Class “B” or “C” Reserve Service, is entitled, in respect of each fiscal year, to annual leave equivalent to

1. if they have not completed 5 years of service, 1.67 working days for each month of paid service during that fiscal year, other than any months on leave under article 16.18 (Retirement Leave), the total being rounded to the nearest whole number, up to a maximum of 20 working days;
2. if they have completed at least 5 years but less than 25 years of service, 2.08 working days for each month of paid service during that fiscal year, other than any months on leave under article 16.18 (Retirement Leave), the total being rounded to the nearest whole number, up to a maximum of 25 working days; and
3. if they have completed at least 25 years of service, 2.5 working days for each month of paid service during that fiscal year, other than any months on leave under article 16.18 (Retirement Leave), the total being rounded to the nearest whole number, up 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's or non-commissioned member’s number of years of service is determined by the formula

A + B + C + D - E +[0.25 × (F - G -H)]

where

A is the number of years of service in the regular force and all other permanent armed forces of Her Majesty;

B is the number of years of active service in any component of the Canadian Forces and all other armed forces of Her Majesty;

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

D is the number of years of qualifying service, other than service referred to in A, B and C, that is determined at the time of their enrollment;

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

F 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;

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

H 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), they are entitled to an amount that is equal to the value of the annual leave entitlement that was not granted.

(10) The number of years of service of an officer or non-commissioned member of the reserve force who is on Class “B” or “C” Reserve Service and has at least 30 consecutive days of service is determined by the formula

A + B + C + D – (E + F + G)

where

A is the number of years of service in the regular force and all other permanent armed forces of Her Majesty;

B is the number of years of active service in any component of the Canadian Forces and all other armed forces of Her Majesty;

C is the number of years of service in the Primary Reserve, the Cadet Organizations Administration and Training Service or the Canadian Rangers;

D is the number of years of qualifying service, other than service referred to in A, B and C, that is determined at the time of their enrollment; 

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

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

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

(11) Annual leave granted to an officer or non-commissioned member of the reserve force in accordance with paragraph (10) shall be taken only when they are on Class “B” or “C” Reserve Service.

(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; 1 April 2025 – “years of service”, (4), (6), (9), (10), and (11)]

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 paragraph (5), the carrying over of annual leave may be approved personally by an officer designated by the Chief of the Defence Staff.

(5) Subject to paragraph (6), 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 5 years of service at the end of the previous fiscal year, 20 working days;
2. in the case of an officer or non-commissioned member who has completed at least 5 years of service but less than 25 years of service at the end of the previous fiscal year, 25 working days; and
3. in the case of an officer or non-commissioned member who has completed at least 25 years of service at the end of the previous fiscal year, 30 working days.

(6) 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 (5),

1. they are entitled to retain the excess, which may be granted in accordance with paragraph (7) or which may be the subject of a 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 (5)‍.

(7) 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 referred to in that article has been granted in that fiscal year.

(M) [1 April 1996; 1 April 2015; 1 April 2025 – (4), (5), (6), and (7)]

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) Compassionate leave may be granted to an officer or non-commissioned member only for urgent or exceptional personal reasons

1. by any officer designated by the Chief of the Defence Staff, for a period not exceeding 30 calendar days; or
2. by the Minister of National Defence, for a period not exceeding 365 calendar days, including any leave granted under subparagraph (a)‍.

(2) An officer who grants compassionate leave under subparagraph (1)‍(a) must

1. in normal cases, verify to their 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 officer or non-commissioned member to provide the necessary supporting evidence on their 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) [1 April 2025]

16.18 - RETIREMENT LEAVE

Retirement leave is all leave granted to an officer or non-commissioned member immediately prior to release 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) and special leave as set out in article 16.20 (Special Leave)‍.

(M) [1 April 2025]

16.19 - REHABILITATION LEAVE

(M) [9 January 2001 - (2)(d) repealed; 1 September 2001 - (4)(a); 1 June 2014 - (1)(a)(i), (4)(c)(iii)(A) and (B); 1 April 2025 - repealed]

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.

(4) (Period of Maternity Leave) The period of the maternity leave, the start and end of the period and any extension of the period shall be determined in accordance with Part I of the Employment Insurance Act or, in the case of an officer or non-commissioned member who is a resident of Quebec, Chapter 2 of the Act Respecting Parental Insurance, CQLR, c. A-29.011.

(5) (Clarification) Nothing in paragraph (4) prevents a commanding officer from granting deemed maternity leave to an officer or non-commissioned member for a period of up to 14 calendar days immediately prior to the start of their maternity leave.

(6) (Military Requirements) When an officer or non-commissioned member is on maternity leave, a commanding officer may direct them to return to duty if there are imperative military requirements to do so.

(M) [20 July 2006 – (2), (3), (4), (5) and (7); 1 April 2025 (3), (4), (5) and (6)]

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 they meet the eligibility criteria for parental benefits under Part I of the Employment Insurance Act or, in the case of an officer or non-commissioned member who is a resident of Quebec, Chapter 2 of the Act Respecting Parental Insurance, CQLR, c. A-29.011.

(4) (Period of Parental Leave) The period of parental leave, the start and end of the period and any extension of the period shall be determined in accordance with Part I of the Employment Insurance Act or, in the case of an officer or non-commissioned member who is a resident of Quebec, Chapter 2 of the Act Respecting Parental Insurance, CQLR, c. A-29.011.

(5) (Clarification) Nothing in paragraph (4) prevents a commanding officer from granting deemed parental leave to an officer or non-commissioned member for a period of up to 14 calendar days immediately prior to the start of their parental leave.

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

(M) [20 July 2006 – (2), (3), (4), (5), (6), (7), (8), (9) and (10); 2 September 2010 – (7), (8) and (11); 1 April 2025 - (3), (4), (5) and (6)]

[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 in the circumstances prescribed in orders issued by the Chief of the Defence Staff.

(M) [1 April 2025]

[16.31 to 16.99 inclusive: not allocated]