Entitlement to Annual Leave

Topic

Entitlement to Annual Leave

Case number

• 2013-002 (F&R Date: 2013–05–15)

Description

In reviewing the case of a Reserve member on a shift schedule (he was asked to work six days followed by three days off, which included one day of annual leave), the Committee was concerned by the Initial Authority’s finding that the cycle between being on duty versus being on leave was fair because it provided “adequate” or “sufficient” leave while meeting the operational requirement of the unit.  The Committee indicated that it is not open to the Commanding Officer (CO) to determine leave entitlements on the basis of what he can afford while still fulfilling his operational mandate.  Rather, the discretion available to the CO is the authority to grant or deny the leave. Leave entitlements are determined by the Canadian Armed Forces (CAF) leave policy.  

From the evidence on file, the grievor was not the only unit member unfairly required to use his annual leave due to the flawed duty/work schedule imposed by the CO.  Further, the Committee was concerned that personnel tasked to this unit may not have been adequately compensated for their weekend, statutory holidays, and annual leave for a number of years. 

Recommendation

The Committee recommended that the Chief of the Defence Staff order a review of:

 -  the unit leave policy and work schedule to bring it in line with the provisions of the CAF leave policy; and

-  the leave records of all members of the unit for 2011 and 2012 to ensure that they are compensated for any unused Annual Leave owed to them.

Final Authority Decision

The FA agreed with the Committee’s systemic recommendation and found appropriate for the Commander of the Canadian Army to ask for an audit of the leave record of the CG for the last 3 seasons to determine whether members of the guard were properly compensated for their service. The FA also directed that the Canadian Army review the Class "B" period of reserve service and associated leave entitlement in order for the CG to ensure that it meets reasonable expectations and grants appropriate compensatory time off for work performed during the tasking.