# 2017-132 - Annual Leave

Case Summary

F&R Date: 2018–01–18

The grievor, a Reserve Force member on a three-year period of Class “B” Reserve Service, was placed under temporary medical employment limitations (MEL) that precluded her from fulfilling her usual duties. After less than two weeks, the Commanding Officer (CO) notified the grievor that she no longer met the requirements of her position and that her period of Class “B” Reserve Service would be terminated. She was subsequently directed by the unit adjutant (Adjt) to take leave until the end of her period of reserve service, which represented 15 days of annual leave.

The grievor disagrees with the order to take annual leave during a time when she was on restricted duties and under medical care.

The Canadian Forces Leave Policy Manual (CFLPM) provides that the CO may order a member on annual leave and that when doing so, the CO should consider “the wishes of the individual”. As the CFLPM does not specify that a CO can delegate the authority to order leave, the Committee found that the unit Adjt was not authorized to order the grievor to take annual leave. Furthermore, the Committee found no evidence in the grievance file that the grievor's wishes were considered. Therefore, even if the CO had been the one to issue the order, the Committee would have found that the decision to order the grievor to take leave was not made in accordance with the spirit of the CFLPM.

Finally, the Committee observed that the grievor was subject to MEL when her period of Class “B” Reserve Service was terminated. Although her period of service was later reinstated with appropriate accommodation of her medical condition, the Committee was concerned with the lack of support initially provided by her unit.

Having found that the grievor should not have been ordered to take annual leave, the Committee recommended that the 15 days of annual leave be cancelled and replaced with 15 days of special leave.

FA Decision Summary

FA Decision Pending