ARCHIVED - QR&O: Volume I - Chapter 16 Leave (Historical Version: 1 April 2000 to 19 July 2006)

(Refer carefully to article 1.02 (Definitions) when reading every regulation in this chapter.)

The Volume I Chapter 16: Leave replaces this content.

Section 1 – General

16.01 – WITHHOLDING OF AND RECALL FROM LEAVE

(1) Leave may be withheld from an officer or non-commissioned member only when there is a military requirement to do so.

(2) An officer or non-commissioned member on leave may be recalled to duty only:

1. because of imperative military requirements; and
2. when the member's commanding officer personally directs the recall.

(3) An officer or non-commissioned member recalled to duty under paragraph (2) ceases to be on leave and is on duty during the period of the journey from the place from which he is recalled to his place of duty and during the period of the return journey if he resumes leave immediately after completion of the duty for which he was recalled.

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16.02 – INVOLUNTARY ABSENCE FOLLOWING LEAVE

(1) An officer or non-commissioned member who is unable through circumstances beyond his control to return to his place of duty at the expiration of his leave shall:

1. report the circumstances and the expected date of return to
   1. his commanding officer, or
   2. the commanding officer of the nearest unit; and
2. on returning to his place of duty, present proof, including a medical certificate if applicable, of the circumstances that precluded his earlier return.

(2) A commanding officer to whom a report is made under sub-subparagraph (1)(a)(ii) shall communicate by message full particulars to the commanding officer of the officer or non-commissioned member.

(M)

(16.03: NOT ALLOCATED)

16.04 – PERMISSION TO PROCEED TO ANOTHER COUNTRY ON LEAVE

Except when authorized by the Chief of the Defence Staff or such officer as he may designate, an officer or non-commissioned member on leave shall not proceed beyond Canada or the country in which the member is serving.

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(16.05 TO 16.10 INCLUSIVE: NOT ALLOCATED)

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Section 2 – Long Leave

16.11 – APPLICATION OF SECTION

Long leave under this section shall be granted only to an officer or non-commissioned member of:

1. the Regular Force; and
2. the Reserve Force if the member is on active service or is on Class "B" Reserve Service or Class "C" Reserve Service for a period of service of at least 30 consecutive days. (1 April 2004)

(M) (11 March 2004 effective 1 April 2004)

16.12 – LEAVE YEAR

The leave year is from 1 April to 31 March of the following year.

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16.13 – AUTHORIZATION OF LONG LEAVE – SPECIAL CASES

Except when the approval of a higher authority is required by this section, long leave may be granted to:

1. a commanding officer, by the officer commanding the command; and
2. an officer commanding a command or an officer holding such an appointment at National Defence Headquarters as may be designated by the Chief of the Defence Staff, by the Chief of the Defence Staff.

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16.14 – ANNUAL LEAVE

(1) For the purposes of this article, "working days" has the meaning prescribed in orders issued by the Chief of the Defence Staff.

(2) Except when approval of a higher authority is required under this section, annual leave may be granted to an officer or non-commissioned member by the member's commanding officer up to the maximum entitlement prescribed in this article.

(3) Subject to paragraph (5) and to any limitations prescribed in orders issued by the Chief of the Defence Staff, an officer or non-commissioned member of the Regular Force is entitled to annual leave equivalent to:

1. in respect of each leave year other than the leave year in which the member is enrolled in, re-enrolled in, transferred to, released from or transferred from the Regular Force:
   1. 20 working days, if the member has not completed five years of service in the Canadian Forces as determined under paragraph (4), (1 April 2004)
   2. 25 working days, if the member has completed at least five years of service in the Canadian Forces as determined under paragraph (4), but less than 28 years of service in the Regular Force, or (1 April 2004)
   3. 30 working days, if the member has completed 28 years of service in the Regular Force; (1 April 2002)
2. in the leave year in which the member is enrolled in, re-enrolled in or transferred to the Regular Force, the lesser of : (1 April 2002)
   1. 20 working days, if the member has not completed five years of service in the Canadian Forces as determined under paragraph (4), (1 April 2004)
   2. 24 working days, if the member has completed at least five years of service in the Canadian Forces as determined under paragraph (4), but less than 28 years of service in the Regular Force, or (1 April 2004)
   3. two working days for each month of paid service the member completes in that leave year; (1 April 2002)
3. in the leave year in which the member is re-enrolled in or transferred to the Regular Force and the member has completed at least 28 years of service in the Regular Force, two and one-half working days for each month of paid service the member completes in that leave year, rounded up to the nearest whole number if the number of days is not a whole number; (1 April 2002)
4. in the leave year in which the member is released from or transferred from the Regular Force, two working days for each month during which the member serves in that leave year, except that the maximum amount shall not exceed: (1 April 2002)
   1. 20 working days, if the member has not completed five years of service in the Canadian Forces as determined under paragraph (4) (1 April 2004)
   2. 24 working days, if the member has completed at least five years of service in the Canadian Forces as determined under paragraph (4), but less than 28 years of service in the Regular Force; or (1 April 2004)
5. in the leave year in which the member is released from or transferred from the Regular Force, and the member has completed at least 28 years of service in the Regular Force, two and one-half working days for each month during which the member serves in that leave year, rounded up to the nearest whole number if the number of days is not a whole number. (1 April 2002)

(4) For the purposes of paragraph (3), an officer or non-commissioned member completes five years of service in the Canadian Forces on the day following the day on which the following periods of service of the member total five years:

1. the present period of continuous service;
2. any previous periods of Regular Force service;
3. one-quarter of any previous periods of service on Class "A" Reserve Service; and
4. any previous periods of service on Class "B" Reserve Service or Class "C" Reserve Service.

(1 April 2004)

(4.1) For the purposes of paragraph (3), an officer or non-commissioned member completes 28 years of service

1. in the case of a member who has not previously served in the Regular Force, on the day following the day on which the member completes 28 years of continuous service; or
2. in the case of a member who has previously served in the Regular Force, on the day following the day on which the total of the member's present record of continuous service and last period of previous service equals 28 years.

(1 April 2002)

(5) Where an officer or non-commissioned member has been granted annual leave in any leave year which is in excess of the amount authorized under paragraph (3) for that leave year, the excess leave shall be dealt with in accordance with article 208.315 (Forfeiture in Respect of Leave) in the situations referred to in that article, and in all other cases, in accordance with orders issued by the Chief of the Defence Staff.

(6) Annual leave shall not be granted to an officer or non-commissioned member following enrolment in or transfer to the Regular Force until the completion of six months of paid service or the completion of training, whichever is the longer, except:

1. where the leave is included in a training syllabus;
2. for urgent and exceptional personal reasons; or
3. where the granting of annual leave to the member is in the best interest of the Canadian Forces.

(7) Leave equivalent to annual leave taken by an officer or non-commissioned member by authority of any other military force, government department or agency to which the member is attached or seconded shall be deducted from the annual leave entitlement for the leave year in which it is taken.

(8) If, at the end of a leave year, an officer or non-commissioned member has an entitlement to annual leave that has not been granted in a leave year commencing 1 April 1996 and that may not be carried over as accumulated leave under article 16.15 (Accumulated Leave), that entitlement shall be dealt with under CBI 205.75 (Payment in Lieu of Annual Leave). (1 September 2001)

(9) An officer or non-commissioned member of the Reserve Force on Class "B" Reserve Service or Class "C" Reserve Service is entitled to annual leave of one working day for each completed period of 15 consecutive days during a period of service of at least 30 consecutive days, to a maximum of 24 working days in a leave year. (1 April 2004)

(10) Annual leave granted to an officer or non-commissioned member of the Reserve Force in accordance with paragraph (9) shall normally be taken during the period of Reserve Service.

(M) (11 March 2004 effective 1 April 2004)

16.15 – ACCUMULATED LEAVE

(1) The annual leave of an officer or non-commissioned member that is not granted in a leave year prior to 1 April 1996 shall be carried over as accumulated leave where:

1. the annual leave was not granted between 31 March 1973 and 31 March 1996; and
2. the annual leave was not granted and was approved to be carried over from the leave year ending 31 March 1973.

(2) The annual leave of an officer or non-commissioned member that is not granted in a leave year commencing 1 April 1996 shall not be carried over as accumulated leave unless the leave has been withheld because of imperative military requirements.

(3) The maximum amount of annual leave, other than annual leave referred to in paragraph (1), that may be carried over to the credit of an officer or non-commissioned member as accumulated leave commencing 1 April 1996 shall not exceed:

1. 20 days, if the member has not completed five years of service in the Regular Force; or
2. 25 days, if the member has completed five years of service in the Regular Force.

(4) The carrying over of annual leave under paragraph (2) may be approved:

1. where the amount to be carried over is five days or less, by the commanding officer; and
2. where the amount to be carried over is in excess of five days, by the officer commanding the formation or, if there is no officer commanding the formation within the member's chain of command, the officer commanding the command.

(5) For the purposes of paragraph (3), an officer or non-commissioned member completes five years of service on the day prescribed in subparagraph (4)(a) or (b) of article 16.14 (Annual Leave).

(6) All or any portion of accumulated leave to the credit of an officer or non-commissioned member may be granted in any year, including the year of release from or transfer from the Regular Force, but only when all annual leave under article 16.14 has first been granted in that leave year.

(M) (1 April 1996)

16.16 – SICK LEAVE

An officer or non-commissioned member may be granted sick leave not exceeding:

1. two continuous calendar days by the member's commanding officer without the recommendation of a medical officer;
2. 30 continuous calendar days, not including any sick leave granted under subparagraph (a), by a medical officer, or a civilian medical doctor designated by the senior medical officer of a base;
3. 91 continuous calendar days, including any sick leave granted under subparagraphs (a) and (b), by the senior medical officer of a formation; or
4. 183 continuous calendar days, including any sick leave granted under subparagraphs (a), (b) and (c), by the Surgeon General or a medical officer designated by the Surgeon General.

(1 April 2002)

(M) (10 May 2002)

16.17 – COMPASSIONATE LEAVE

(1) An officer or non-commissioned member may be granted compassionate leave not exceeding:

1. 14 calendar days by a commanding officer; or
2. 30 calendar days, including any leave granted under subparagraph (a), by an officer commanding a command.

(2) Compassionate leave may be granted only for urgent and exceptional personal reasons and the commanding officer shall:

1. in normal cases verify to his satisfaction the grounds upon which the leave is requested before granting it; and
2. in cases of apparent urgency grant the leave and instruct the applicant to furnish definite verification of the grounds on the applicant's return from leave.

(3) Any compassionate leave granted under subparagraph (2)(b) that is not subsequently verified shall be recovered in accordance with orders issued by the Chief of the Defence Staff.

(M)

16.18 – RETIREMENT LEAVE

Retirement leave is all leave granted to an officer or non-commissioned member immediately prior to release from or transfer from the Regular Force, including, if applicable, annual leave as set out in article 16.14 (Annual Leave), accumulated leave as set out in article 16.15 (Accumulated Leave), rehabilitation leave as set out in article 16.19 (Rehabilitation Leave) and special leave as set out in article 16.20 (Special Leave).

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16.19 – REHABILITATION LEAVE

(1) For the purposes of this article, "continuous service" in respect of an officer or non-commissioned member means, subject to paragraph (2):

1. the current period of his uninterrupted full-time paid service in the Regular Force up to and including, as appropriate
   1. the date on which he commences retirement leave, if he is to be released from or transferred from the Regular Force in any circumstances other than those described in sub-subparagraph (ii) or (iii),
   2. the date on which he will have reached his release age as prescribed in the table to article 15.17 (Release of Officers – Age and Length of Service) or 15.31 (Release of Non-commissioned Members – Age and Length of Service) that applies to him, if he is to be released from or transferred from the Regular Force for having reached his release age and if he commences retirement leave prior to reaching that age, or
   3. the date that is prescribed in his records as the termination date of his fixed period of service or of an extension thereof, if he is to be released from or transferred from the Regular Force for having completed a fixed period of service and if he commences retirement leave prior to having completed that period of service or an extension thereof; and
2. his uninterrupted full-time paid service, if any, in another of Her Majesty's Forces that immediately preceded the period of his service specified in subparagraph (a) if, prior to 1 February 1969, he enrolled in or transferred to the Canadian Forces Regular Force immediately following termination of that service in another of Her Majesty's Forces.

(2) Any interruption in full-time paid service attributable to:

1. a release from one of Her Majesty's Forces for the purpose of enrolling in another of Her Majesty's Forces, including a release from or transfer from one of the former Services of the Canadian Forces for the purpose of enrolling in another of the former Services of the Canadian Forces;
2. a period of leave without pay; or
3. a period of limitation of payments in accordance with article 203.20 (Officers – Regular Force – Limitation of Payments); or
4. (REPEALED 9 JANUARY 2001)

shall, for the purposes of this article, be deemed not to be an interruption of continuous service, but any such period or periods of leave without pay, limitation of payments or suspension from duty shall not be included in the computation of continuous service.

(3) Subject to paragraphs (4) and (5), the Chief of the Defence Staff or such officer as he may designate may grant rehabilitation leave to an officer or non-commissioned member of the Regular Force whose release or transfer to the Reserve Force has been approved, computed on the basis of:

1. where continuous service is of five or more years duration,
   1. 30 calendar days leave for each five year period,
   2. seven calendar days leave for each year beyond the last five year period, and
   3. one calendar day's leave for each 60 days beyond the last year;
2. where continuous service is of less than five years duration but more than one year,
   1. seven calendar days leave for each year, and
   2. one calendar day's leave for each 60 days beyond the last year; or
3. where continuous service is of less than one year's duration, one day's leave for each 60 day period;

but the total number of days granted in accordance with sub-subparagraphs (a)(ii) and (iii) or subparagraph (b) shall not exceed 30 days.

(4) Rehabilitation leave shall not be granted to an officer or non-commissioned member:

1. who, having been enrolled in the Regular Force on or before 31 March 1972, is paid severance pay under CBI 204.40 (Severance Pay); (1 September 2001)
2. who was enrolled in the Regular Force on or after 1 April 1972; or
3. whose release from or transfer from the Regular Force is approved under one of the following items in the table to article 15.01 (Release of Officers and Non-commissioned Members)
   1. Item 1 (Misconduct),
   2. Item 2 (Unsatisfactory Service),
   3. Item 4(c) (On Request – Other Causes) unless on the date of his release or transfer he has completed 10 or more years of service in the Regular Force and
      1. has to his credit 20 or more years pensionable service for purposes of the Canadian Forces Superannuation Act, or
      2. is within three years of his retirement age as defined in paragraph (1) of article 15.17 (Release of Officers – Age and Length of Service) or subparagraph (1)(a) of article 15.31 (Release of Non-commissioned Members – Age and Length of Service),
   4. Item 5(d) (Not Advantageously Employable), or
   5. Item 5(f) (Unsuitable for Further Service).

(5) Where the continuous service of an officer or non-commissioned member who enrolled in the Regular Force on or after 1 January 1964 includes service in Her Majesty's Forces other than those raised in Canada, the leave to be granted shall be reduced by any period of rehabilitation or equivalent leave granted on completion of such previous service, or, if the member received a payment in lieu of such leave, by the number of days stipulated by the Chief of the Defence Staff.

(M) (1 September 2001)

16.20 – SPECIAL LEAVE

An officer or non-commissioned member may be granted special leave:

1. not exceeding 30 calendar days by or under the authority of the Chief of the Defence Staff; or
2. for any period by or under the authority of the Minister.

(M)

(16.21 TO 16.24 INCLUSIVE: NOT ALLOCATED)

16.25 – LEAVE WITHOUT PAY AND ALLOWANCES

An officer or non-commissioned member may be granted leave without pay and allowances, in the circumstances prescribed in orders issued by the Chief of the Defence Staff, for a period:

1. not exceeding 14 calendar days, if authorized by a commanding officer;
2. not exceeding 30 calendar days, including any leave granted under subparagraph (a), if authorized by an officer commanding a command; or
3. for any period, if authorized by or under the authority of the Chief of the Defence Staff.

(M)

16.26 – CONGÉ DE MATERNITÉ

(1) (Application) This article applies to an officer or non-commissioned member of the Regular Force or the Reserve Force on Class "B" or "C" Reserve Service.

(2) (Definition and Interpretation) In this article, "maternity leave" means a period of leave without pay and allowances granted to an officer or non-commissioned member for maternity purposes.

(3) (Eligibility) An officer or non-commissioned member who has been pregnant for at least 19 weeks is entitled, on request, to maternity leave for a maximum period of 17 weeks.

(4) (Start and End of Leave) The period of maternity leave must not start more than 8 weeks before the expected date of birth and, subject to paragraphs (5), (7) and (8), must end not later than 17 weeks after the date of the end of the pregnancy.

(5) (Extension) The end date of the maternity leave shall be extended by any of the following periods:

1. any period during which the new-born child is hospitalized, if the officer or non-commissioned member has not yet started maternity leave; and
2. any period during which the officer or non-commissioned member, having started but not ended maternity leave, returns to duty while the new-born child is hospitalized.

(6) (Military Requirements) When an officer or non-commissioned member has started but not ended maternity leave, a commanding officer may direct that the member return to duty because of imperative military requirements.

(7) (Maternity Benefits Extended) If a period of employment insurance maternity benefits under the Employment Insurance Act is extended because an officer or non-commissioned member returns to duty under paragraph (6), the end date of the maternity leave granted shall be extended by the period that employment insurance maternity benefits are extended under the Act.

(8) (Limitation) A period of maternity leave extended under paragraphs (5) or (7) shall not end later than 52 weeks after the date of the end of the pregnancy.

(M) (1 April 2000)

16.27 – PARENTAL LEAVE

(1) (Application) This article applies to an officer or non-commissioned member of the Regular Force or the Reserve Force on Class "B" or "C" Reserve Service.

(2) (Definition) In this article, "parental leave" means a period of leave without pay and allowances granted to an officer or non-commissioned member for parental purposes relating to a new-born or adopted child, or child to be adopted.

(3) (Eligibility) An officer or non-commissioned member is entitled to parental leave, on request, for a single period of up to 37 consecutive weeks, or 35 consecutive weeks if the member is entitled to a period of leave under article 16.26 (Maternity Leave), if the member:

1. has the care and custody of the member's new-born child;
2. starts legal proceedings under the laws of a province to adopt a child and this child is placed with the member for the purpose of adoption; or
3. obtains an order under the law of a province for the adoption of a child.

(4) (Start and End of Leave) The period of parental leave shall be taken within 52 weeks of the day on which the child of the officer or non-commissioned member is born or the day on which the member first became entitled to parental leave under subparagraph (3)(b) or (c).

(5) (Extension) The end date of the parental leave shall be extended by any of the following periods:

1. any period during which the new-born or adopted child, or child to be adopted, is hospitalized, if the officer or non-commissioned member has not yet started parental leave;
2. any period during which the officer or non-commissioned member, having started but not ended parental leave, returns to duty while the new-born or adopted child, or child to be adopted, is hospitalized; and
3. any period during which the officer or non-commissioned member, having started but not ended parental leave, is directed to return to duty by the commanding officer because of imperative military requirements.

(6) (Limitation) A period of parental leave extended under paragraph (5) and any additional period of parental leave under paragraph (10) shall not end later than 52 weeks after the day on which the child of the officer or non-commissioned member is born or the day on which the member first became entitled to parental leave under subparagraph (3)(b) or (c).

(7) (Military Requirements) Subject to paragraph (4), a commanding officer may defer the start date of parental leave if there are imperative military requirements.

(8) (Combined Periods – Parental Reasons) Subject to paragraph (9), if both parents are members of the Canadian Forces, the sum of the periods of parental leave to which the parents are entitled under this article, or the sum of the periods of parental leave under this article and exemption from training and duty under article 9.10 (Exemption from Training and Duty – Parental Purposes) to which the parents are entitled, shall not exceed 37 weeks.

(9) (Combined Periods – Parental and Maternity Reasons) If both parents are members of the Canadian Forces and one parent is entitled to an exemption from training and duty under article 9.09 (Exemption From Training and Duty – Maternity Purposes) or is entitled to leave under article 16.26, the sum of the periods of parental leave to which the parents are entitled under this article shall not exceed 35 weeks.

(10) (Transitional Provision) An officer or non-commissioned member who first became entitled to parental leave at any time between December 31, 2000 and May 19, 2001, under paragraph (3) as it read on October 5, 2000, is entitled to an additional period of parental leave equal to the difference between the parental leave period to which they otherwise would have been entitled under this article and the parental leave period previously granted.

(M) (20 May 2001)

(16.28 AND 16.29: NOT ALLOCATED)

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Section 3 – Short Leave

16.30 – GRANTING OF SHORT LEAVE

Short leave may be granted to an officer or non-commissioned member by a commanding officer in the circumstances prescribed in orders issued by the Chief of the Defence Staff.

(M)

(16.31 TO 16.99 INCLUSIVE: NOT ALLOCATED)