# 2022-059 Pay and Benefits, Annual Leave, Sick Leave

Case summary

F&R Date: 2023-08-29

The grievor argued that because four days of his previously approved annual leave overlapped with his sick leave, he requested that he be permitted to reclaim the four days for fiscal year (FY) 2019-2020. The grievor also contested his Chain of Command's decision to submit Leave Request Authorization forms on his behalf for a cumulative value of 20 days of annual leave during FY 2020-2021 when he was already on sick leave.

The Initial Authority did not reach a decision within the prescribed time limit for either grievance. As such, the grievor asked that his grievances be referred to the Final Authority.

The Committee found that article 6.1.01 of the Canadian Forces Leave Policy Manual stipulates that no Canadian Armed Forces member who is on sick leave can be ordered on annual leave. The Committee further noted that there is no policy allowing for two types of leave to be taken contemporaneously. As such, the Committee found that it was not in accordance with policy for the grievor to be on annual leave and sick leave for the same period of time for both FY 2019-2020 and FY 2020-2021.

The Committee recommended that the Final Authority restore the days of annual leave.

FA decision summary

The grievor was offered informal resolution consisting of the remedy recommended by the Committee, and accepted it.