# 2024-314 Pay and Benefits, Leave Entitlement, Maternal/Parental Leave, Maternity and Parental Allowance

Case summary

F&R Date: 2025-10-27

The grievor proceeded on a combined period of Maternity and Parental leave, intending to take 18 months of the extended parental allowance (PATA) at a 55.8% top-up. Once commencing parental leave, the grievor discovered she was being paid below her estimated entitlement, necessitating an early return to work. The grievor contested the administration of her PATA, arguing that a known pay system issue was not communicated and caused undue financial hardship. The grievor sought to be retroactively topped up to 93% of her salary, having returned to work within the time frame of the standard PATA benefit or be granted an alternate form of compensation such as Special Leave.

The Initial Authority (IA), following an audit of the grievor's pay account, determined that the grievor had been paid correctly. The IA conceded that a programming error existed that caused the grievor to be underpaid but stated that this error was later corrected and any outstanding amounts were credited to the grievor.

The Committee noted that all parties acknowledged that a pay system error led to the grievor being paid less than she was entitled to during parental leave. The Committee found it unacceptable that the Canadian Armed Forces allowed the error to persist for months before correcting the issue or was unable to adopt temporary solutions to pay the grievor correctly. The Committee found that this error forced the grievor to return early due to financial concerns, causing her to miss out on time to bond with her child. Therefore, the Committee concluded that the grievor was aggrieved. 

The Committee found that a top up to 93% was not possible due to the PATA top-up rate being tied to an irrevocable election of parental benefits under the Employment Insurance Act. The Committee recommended that the Chief of the Defence Staff grant the grievor a 30-day period of Special Leave in accordance with the authority granted in article 16.20 of the Queen's Regulations and Orders for the Canadian Forces and seek approval from the Minister of National Defence for an additional period.