# 2024-116 Pay and Benefits, Annual Leave, Entitlement to Annual Leave

Case summary

F&R Date: 2024-10-30

The grievor contended that his annual leave recalculation following parental leave was mismanaged. He argued that he was entitled to one additional day of annual leave in accordance with the Canadian Forces Leave Policy Manual.

The Director General Compensation and Benefits, acting as the Initial Authority (IA) denied the grievance.

The IA referred to Queen's Regulations and Orders for the Canadian Forces (QR&O) article 16.14 (Annual Leave), which states that a member who has at least five years but less than 28 years of service is entitled to two working days for each of the first 11 months of paid service during that fiscal year (FY), and three working days for the 12th such month, to a maximum of 25 working days. As the grievor had seven months of paid service in FY 2021/2022, he was entitled to 14 days of annual leave. Consequently, the IA found that the grievor was treated in accordance with Treasury Board approved policy.

The Committee noted that the conditions for leave entitlement for Canadian Armed Forces (CAF) members are set by the Minister of National Defence and the CAF have no authority to deviate from them.

Paragraph 16.14(4)(a)(ii) of the QR&O requires that a member provide all 12 months of paid service in a FY to earn the 25th day of annual leave. The 25th day of leave is only earned when one completes their 12th month of paid service in a fiscal year. Therefore, a member who would normally earn 25 days of annual leave in a FY loses three days when a complete month of leave without pay is taken.

The Committee found that the grievor had been treated in accordance with policy and recommended that the Final Authority deny the grievance.

FA decision summary

The Deputy Director, Canadian Forces Grievance Authority, acting as a delegated Final Authority, agreed with the Committee's conclusions and recommendation.