Pregnancy – Mandatory Duty Limitations

Topic

Pregnancy – Mandatory Duty Limitations

Case number

• 2015-013 (F&R Date: 2015–05–29)

Description

While the Canadian Forces Health Services Instruction 3100-23 – Medical Administration of Pregnant Members, allows for medical employment limitations (MELs) that are case and context specific and which can be adapted to each individual situation, the Defence Administrative Order and Directive (DAOD) 5003-5 – Pregnancy Administration, specifically imposes limitations that preclude pregnant members to perform any duties which entail serving in the field or participating in a field operation or exercise. 

In the particular case under review, the Committee determined that there was no medical reason to cease the grievor’s training given that her assigned MELs would not have been breached.  The Committee found that the grievor was unfairly removed from her course and that her career progression was delayed as a result of DAOD 5003-5. 

Accordingly, the Committee found that the language of the DAOD was too stringent, left no room for individualized application, and would likely result in cases of discrimination.

Recommendation

The Committee recommended that  the CDS direct that the Mandatory Duty Limitations section of DAOD 5003-5 be reworded and harmonized with CFHS Instruction 3100-23 to reflect the fact that employment limitations should be assigned by a pregnant member’s physician based on the individual and specific circumstances of the member.

It also recommended that, pending the review of DAOD 5003-5, the CDS quickly disseminate instructions to his chain of command to equitably manage the employment of pregnant members taking into consideration each individual case and specific situation.

Final Authority Decision

Pending