# 2019-156 Pay and Benefits, Annual leave

Case summary

F&R Date: 2020-10-27

Following his return from parental leave, the grievor was informed that he had taken one day of annual leave too many and that it had to be recovered from his pay. The grievor was challenging the interpretation of the rules for annual leave when the period of parental leave overlapped two fiscal years. He alleged that there had been a mistake in the calculation of the amount of annual leave to which he was entitled and requested that the amount recovered on his pay be reimbursed.

The Initial Authority (IA) concluded that the grievor's number of days of annual leave had been calculated correctly, as per the applicable policy, and denied the grievance. However, the IA noted that Section 3.4 of the Canadian Forces Leave Policy Manual (CFLPM) was confusing and would benefit from additional clarification.

The Committee noted that the CFLPM remained subject to interpretation and required a review. The Committee said that the Queen's Regulations and Orders for the Canadian Forces (QR&O) 16.14(4) a) should be the only reference for recalculating annual leave entitlement resulting from periods of non-paid service and that CFLPM 3.4 could replace the word "reduction" with the word "recalculation."

The Committee concluded that the number of days of annual leave advanced at the beginning of the FY had been correctly recalculated in accordance with the applicable provisions and that the grievor had been granted the number of days of annual leave to which he was entitled. Since he had taken one day of leave more than the authorized amount, it had to be recovered from his pay. The Committee recommended that the Final Authority (FA) not grant redress. The Committee also recommended that the CFLPM be amended so as to comply with the provisions of the QR&O.

FA decision summary

The FA, the Director Canadian Forces Grievance Authority, like the Committee, found that the grievor had been treated in accordance with the applicable provisions and endorsed the Committee's recommendation to not grant redress. The grievor had completed more than five, but less than 28 years of service. Consequently, QR&O subparagraph 16.14 (4)(a) (ii) applies. This provision allows for two days of annual leave for each of the first 11 months and three days of leave for the 12th month of paid service. As it is written, the subparagraph requires a member to complete twelve months of paid service during a single fiscal year to be entitled to the 25th day of annual leave. The 25th day of leave is therefore only granted once the 12th month of paid service is completed in a single FY and not because a member completes paid service in March. Consequently, the grievor is only entitled to 20 days of annual leave for the 2016/2017 fiscal year, even if the orderly room told the grievor that he was entitled to 21. The FA notes that the QR&O and the Canadian Forces Leave Policy Manual are currently being harmonized following the Chief of the Defence Staff’s decision on this point in another grievance file.