# 2014-058 - Leave Entitlement, Medical Treatment, Sick Leave

Leave Entitlement, Medical Treatment, Sick Leave

Case Summary

F&R Date: 2014–09–26

The grievor argued that he was denied sick leave and appropriate care by the Canadian Armed Forces (CAF) while on retirement leave due to the fact that he was releasing. As redress, the grievor requested that his retirement leave be reverted to sick leave, thus delaying the commencement of his retirement. He also requested credit for any resulting accumulation of annual leave.

There was no Initial Authority (IA) decision rendered in this matter as the grievor did not grant an extension. However, the Director Medical Policy (D Med Pol) provided a subject matter expert opinion to the IA, concluding that the grievor should have been granted sick leave as requested.

The Committee found that the D Med Pol was the appropriate approval authority for sick leave while on retirement leave.

The Committee recommended that the Chief of Defence Staff (CDS) direct the Director Military Careers Administration to amend the grievor's release date in accordance with the sick leave recommended by the D Med Pol through the grievance process, in addition to any resulting entitlement to annual leave. This had been done by the CDS in the grievance file 2010-041.

CDS Decision Summary

CDS Decision Date: 2015–04–20

The Chief of the Defence (CDS) Staff agreed with the Committee's findings, but partially agreed with the Committee's recommendation on the remedy. Because the grievor was not released for a reason mentioned in Subsection 30(4) of the National Defence Act, the CDS was of the view that the only available administrative remedy was granting retroactive sick leave to replace any taken retirement leave (including annual and accumulated) until the release.

Page details

Date modified: