# 2023-025 Pay and Benefits, Maternity and Parental Allowance

Case summary

F&R Date: 2024-12-10

The grievor, who transferred from the Regular Force to the Reserve Force during her pregnancy, challenged the decision to deny her application for Maternity and Parental Allowances (MATA/PATA), submitted almost two years after giving birth. The grievor argued that she could not undertake to serve, as required by Compensation and Benefits Instructions (CBI) 205.461, given that her and her service spouse's circumstances at the time did not provide her the needed assurance that she could complete the required amount of CAF service after completing her period of Excuse Drill and Training (ED&T) for maternity purposes. It was only later upon being granted a period of Class “B” Reserve Service that she could make this undertaking. She argued that she could not have known that requesting MATA/PATA after ED&T would not be supported.

The Initial Authority (IA) found that the grievor was treated in accordance with applicable policy and denied redress. The IA noted that the grievor chose not to undertake to serve, which is a MATA/PATA eligibility criteria, also noting that the grievor had the option to repay amounts owed if she became unable to or chose not to fulfill her commitment. The IA stated that while a change in the grievor's personal circumstances and employment opportunities made it acceptable for her to commit to the required service retroactively, the decision not to apply for MATA/PATA during the period of eligibility was a personal choice and does not qualify as sufficient reason for the delay.

The Committee found that a condition to receive MATA/PATA is being in receipt of the related Employment Insurance (EI) benefits. To be eligible for and receive those EI benefits, a claim must be initiated either before or within a maximum of 52 weeks after the birth of the child. Likewise, MATA/PATA must be claimed before the birth or during the period of ED&T and can neither be claimed nor granted retroactively.

While the Committee acknowledged the grievor's concerns regarding future employment opportunities, there is always an element of unpredictability in one's life and CAF members embarking in parenthood are no exception, whether serving in the Regular or the Reserve Force. The grievor made a personal choice not to undertake to complete the amount of service as required under CBI 205.461(2) and therefore was not entitled to MATA/PATA.

The Committee found that the grievor was not aggrieved and recommended that the Final Authority deny the grievance.