# 2016-019 Pay and Benefits, Annual Leave, Reserve Force

Case Summary

F&R Date: 2016–04–08

The grievor argued that she should have received 30 days of annual leave as soon as she reached 28 years of pensionable service, including both her Regular Force and Reserve Force Service. As redress, she asked to retroactively receive an entitlement of 30 days of annual leave, effective from the date she reached 28 years of pensionable service.

The Director Compensation and Benefits, as the initial authority, denied the grievor's request that she be granted 30 days of annual leave retroactively, prior to 1 April 2015, the date when an amendment to the Queen's Regulations and Orders for the Canadian Forces (QR&O) 16.14 became effective. The amendment provided credit for past Reserve Force service to qualify towards 30 days of annual leave.

The Committee had consistently recommended in several cases amending the above mentioned QR&O and that changes be retroactive to 2008. However, when the leave policy was amended it was not made retroactive. Therefore, the Committee had to assess the grievor's situation in accordance with the policy in effect at the time she reached 28 years of combined Regular Force and Reserve Force service.

Prior to 1 April 2015, for the purpose of calculating 28 years of service only the present continuous Regular Force service and the previous period of Regular Force service could be taken into account. Any other type of military service was to be excluded from the calculation.

The Committee found that, in light of this regulation and in the absence of any discretion in QR&O 16.14, the grievor's Reserve Force service could not be taken into consideration for the purpose of calculating her entitlement to 30 days of annual leave.

CDS Decision Summary

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