# 2019-298 Pay and Benefits, Maternity and Parental Allowance

Case summary

F&R Date: 2021-03-23

The grievor argued that a series of errors by the Canadian Armed Forces (CAF) led to her not being able to take full advantage of her maternity allowance benefits and created a situation that required her to use three days of annual leave due to a lack of clarity over her return to work date. The grievor alleged that she received incorrect information regarding what would qualify for an extension of maternity allowance benefits and about her return to work date. She claimed that she was never given a specific date and was told that her parental leave would continue until her Employment Insurance benefits ended.  

The Director General Compensation and Benefits, as the Initial Authority (IA), denied the grievor redress. While unfortunate that a miscommunication over maternity allowance benefits had occurred, the IA determined the grievor was not eligible for an extension of maternity allowance, in accordance with the Employment Insurance Act and the Queen's Regulations and Orders for the Canadian Forces.

The Committee determined that, while the grievor had a responsibility to become familiar with the legal framework surrounding maternity and parental benefits, the CAF had the responsibility for providing the grievor with correct information and advice, which it did not do in this instance. The Committee recommended that the grievor be granted a period of special leave that the Final Authority deems appropriate.  

FA decision summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority agreed with the Committee's recommendation to uphold the grievance and granted eight days of special leave. Although the Employment Insurance Act (EIA) does not fall within the Canadian Armed Forces (CAF) authority, the Committee observed that the EIA allows for an extension of the payable benefits when CAF members are called back to duty for military imperative requirements during the parental leave but not the maternity portion of leave which is not reflected at paragraph 16.26(7) of the Queens Regulations and Orders for the Canadian Forces. The FA agreed and directed the Director General Compensation and Benefits to consider the Committee's observation in future reviews of CAF policy and of the EIA.