# 2014-089 - Leave Entitlement, Reserve Force

Case Summary

F&R Date: 2014–08–27

The grievor was employed for a 52 day period on a Class B Reserve service as a duty officer. The Duty Cell was required to operate 24 hours a day and seven days a week, with a shift schedule consisting of two day shifts, one night shift, one sleep day followed by two days off. The grievor felt aggrieved when he was instructed to modify his leave pass to cover for periods where he was not scheduled to work. He stated that this was in contravention of the Canadian Forces Leave Policy Manual (CFLPM).

The Initial Authority (IA) denied the grievance indicating that the grievor was treated fairly and in accordance with policy. He noted that extra days off were added to the work schedule to allow for annual leave to be taken. He pointed out that all duty officers were afforded the opportunity to choose their shifts and leave days out of the 17 scheduled days off. He also indicated that the duty officers received more time off than all other personnel.

The Committee had to determine whether the grievor should be entitled to additional annual leave.

The Committee compared the duty schedule to a normal Monday to Friday schedule and considered the amount of hours required by each schedule. In doing so, the Committee found that the duty schedule, while generous, met the spirit of the policy, and in fact afforded the grievor with four additional days off.

While reviewing the way the management of leave was conducted, the Committee found that it was not in accordance with policy. The CFLPM directs that leave shall be reckoned in working days and since the grievor was required to take his leave during non-working days this was contravening the policy. However, considering the additional days off that were already built into the schedule, the Committee found that the grievor was not disadvantaged.

The Committee observed that the unit required an adjustment to their leave policy and that the duty schedule should be communicated differently by designating specific days as annual leave.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–02–26

The Final Authority agreed with the Committee's findings and recommendation that the grievance be denied.