# 2014-117 - Promotion Date - Maternity Leave, Promotion Date While on Maternity/Paternity Leave
F&R Date: 2014–11–27
The grievor was posted to a higher-ranked position in July; however, because she was on maternity/paternity leave at the time, her promotion was delayed until 1 December of that year. The grievor argued that she should have been promoted 14 days prior to her change of strength (COS) date, in accordance with the promotion date policy contained in Canadian Forces General Message (CANFORGEN) 73/06. She alleged that the practice of delaying the promotion date of members on maternity/paternity leave was a discriminatory practice and contrary to the Canadian Human Rights Act (CHRA).
The Canadian Armed Forces (CAF) position was that the grievor was not fulfilling the duties of the higher-ranked position while she was on maternity/parental leave and therefore her promotion date of 1 December was in accordance with policy.
The Committee had to determine whether the decision to delay the grievor's promotion until 1 December was in accordance with applicable policies and regulations and whether this decision was discriminatory, pursuant to the CHRA.
The Committee found that the grievor should have been promoted 14 days prior to her COS date as her circumstances were expressly provided for in paragraph 3.A of CANFORGEN 73/06. The Committee also found that delaying a promotion because a CAF member is on maternity or paternity leave is a discriminatory practice based on prohibited grounds of sex and family status as defined by the CHRA, as it negatively affects an employee because of pregnancy or pregnancy–related conditions or circumstances.
The Committee recommended that the grievor's effective date of promotion be amended from 1 December to 14 days prior to her COS date.
CDS Decision Summary
CDS Decision Date: 2015–10–20
The CDS agreed with the Committee's finding that the practice of delaying promotion for those who are on maternity or parental leave was discriminatory. Therefore, the CDS agreed with the Committee's recommendation that the grievor's effective date of promotion be amended from 1 December to 14 days prior to her COS date.
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