# 2021-194 Pay and Benefits, Maternity and Parental Allowance, Obligatory Service, Recovery of Overpayment, Release

Case summary

F&R Date: 2023-01-18

After declaring her intention to claim maternity benefits (MATA) and parental benefits (PATA), the grievor signed a form in which she undertook to return to work for the number of days calculated in order to repay the benefits received. A few weeks before the end of her leave, the grievor requested a voluntary release and a cessation of PATA payments. Not long after her voluntary release, the grievor received a recovery request from Military Pay and Allowances Processing for not having worked all of the days required by the previously signed agreement. The grievor challenged the recovery, explaining that MATA and PATA benefits were not adapted to the operational realities faced by women in the Canadian Armed Forces (CAF) and that the recovery request was unfair and discriminatory.

The Initial Authority (IA) denied the grievor's request for redress. The IA stated that they understood the complexity of the policy in force, but explained that the regulations approved by the Treasury Board could not be amended by the CAF. Moreover, the IA explained that, according to the Compensation and Benefits Instructions for the Canadian Forces (CBI), a period of obligatory service is associated with the benefits granted to the grievor, or an amount must be repaid, depending on the situation.

The Committee found that the grievor had been informed of the conditions of the MATA/PATA benefits when signing the forms and that she thereby undertook to work the required number of service days in order to offset the benefits received, as provided for in paragraph 205.461(2) of the CBI. Because the grievor decided to leave the CAF and, therefore, not work the required number of days, she must repay the amount corresponding to the number of service days not worked in accordance with paragraph 205.461(3) of the CBI. The Committee found that the decision to recover the funds advanced was justified.

The Committee recommended that the Final Authority grant no redress to the grievor.