# 2020-134 Releases, Medical treatment, Release - Medical

Medical treatment, Release - Medical

Case summary

F&R Date: 2021-05-28

The grievor, in the process of being medically released from the Canadian Armed Forces (CAF), was scheduled for surgery shortly before his arranged release date. The CAF postponed the grievor’s release date to allow him to recover from surgery and prepare for his release. Unfortunately, the grievor developed an unrelated ailment and underwent a second emergency surgery, which required further hospitalization and sick leave. The grievor's release date was not postponed a second time. The grievor challenged this failure to postpone his release date and requested a release date extension as redress.

There was no Initial Authority decision. A briefing note written before the grievor's first surgery indicated that the grievor was unprepared for release in several respects and recommended postponing the release date. It also stated that if the grievor's recovery were delayed, a further request for postponement might be necessary.

The Committee concluded that the CAF were not obliged to retain the grievor until his treatment was complete and he had healed, but the CAF were required to set a release date that allowed for a reasonable transition to civilian healthcare. The Committee also concluded that the surgeries, which occurred late in the release process, left the grievor unprepared for release. While the CAF was aware that the grievor was unprepared and the grievor's chain of command anticipated a second release date extension, the CAF inexplicably failed to adjust the release date to reflect the preparation time lost due to the second surgery. 

The Committee recommended that the Final Authority grant the requested redress and amend the grievor's release date to reflect a second postponement. 

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