# 2019-254 Pay and Benefits, Family care assistance

Case summary

F&R Date: 2020-06-05

In 2018, the grievor and her service spouse concurrently served overseas for a period of 148 days. Her mother moved to the family home to provide childcare. The grievor paid her mother $11,000 for childcare, which corresponds to $75 per day. When the grievor returned home, she was informed that, following amendments to the National Joint Council (NJC) Travel Directive and the Compensation and Benefits Instructions (CBI) applicable to the Canadian Forces, she was only entitled to the maximum daily rate of $35 for family care assistance (FCA), for a total of $5,180. The grievor argued that she was only made aware of the policy change upon her return to Canada in June 2018. She further argued that for several years, she was entitled to the maximum daily rate of $75 when she and her service spouse were serving away from the family home. She finally argued that there is no commercial provider in her area for full-time childcare services. As redress, the grievor was seeking FCA benefits to the maximum daily rate of $75.

The Initial Authority (IA) denied redress finding that, as the grievor's mother did not qualify as a commercial childcare service provider, she was not entitled to the maximum daily rate of 75$. The IA noted that, as the CBI's FCA provisions refer to the NJC Travel Directive rates, the Canadian Armed Forces can only reimburse dependant care expenses in accordance with the conditions of that directive.

The Committee concluded that both the NJC Travel Directive and the CBI FCA provisions were amended before the grievor left for service overseas. They clearly indicated that the maximum daily rate of $75 was only payable when childcare is provided by a person or a company in the business of providing dependant care services. The Committee also concluded that the grievor's mother was not providing childcare on a regular basis and could not be considered as a person or a company providing dependant care services. The Committee therefore concluded that the grievor was only entitled to the maximum FCA daily rate of $35.

The Committee recommended the Final Authority (FA) not afford the grievor redress.

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's recommendation to deny the grievance on the basis that the grievor's claim was treated in accordance with the applicable policies and rates. He reiterated that the CBI and Government's rates are outside of his authority. The CDS noted that the question of the FCA would be included in the Treasury Board review scheduled for Spring of 2023.