# 2013-070 - Leave Entitlement, Medical Treatment, Spectrum of Care (CF SoC)

Leave Entitlement, Medical Treatment, Spectrum of Care (CF SoC)

Case Summary

F&R Date: 2013–10–18

The grievor requested sick leave and health-related travel funding for the purpose of receiving traditional Aboriginal health care in Canada, while he was posted abroad. His request was denied on the basis that it was not covered under the Canadian Forces (CF) Spectrum of Care (SoC) policy.

There was no Initial Authority decision in the file; however, the Director Medical Policy (D Med Pol) provided subject matter expert comments. D Med Pol was of the view that the traditional Aboriginal health care sought was not evidence based medicine and, therefore, was not covered under the CF SoC policy. D Med Pol also stated that it was unlikely that the Canadian Armed Forces would include such health care in the list of medical services provided, given that it is not offered by any provincial health care system in Canada.

The Committee reiterated that the objective of the CF SoC policy is to provide Canadian Armed Forces member with health care of a standard comparable overall to that received by Canadians under provincial health care plans. The Committee noted that none of the provinces were funding travel or other costs associated with traditional Aboriginal health care treatment. It also noted that the grievor was pre-approved for travel funding under the Non-Insured Health Benefit Program offered by Health Canada, but he did not provided medical attestation, a requirement of the program. The Committee also concluded that the grievor's request for sick leave was justifiably denied as it was not supported by a Medical Officer, as required by the CF leave policy. The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–10–28

The CDS did not agree with the Committee's recommendation that the grievance be denied. The CDS concluded like the Committee that the grievor's travel and sick leave were properly denied under the relevant policies. Given the existence of a federally funded program from Health Canada available to eligible First Nations and Inuit people, the CDS saw no reason in duplicating what is already available. However, by accepting the grievor's circumstances as exceptional and in order to assist the grievor in his grieving process, the CDS decided to retroactively grant him with both compassionate leave and compassionate travel assistance for the period in question.

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