# 2019-296 Pay and Benefits, Family Care Assistance

Case summary

F&R Date: 2020-09-25

The grievor, a senior financial administrator, challenged the denial of the $75 maximum daily amount of Family Care Assistance (FCA) for the period that she and her service spouse were both serving on a mission overseas. The grievor claimed that they had always been allowed to claim that amount during previous periods of service away from their place of duty and that she was unaware of the change when she contracted with her father-in-law to provide childcare in their family home. The grievor argued that she suffered a financial loss as she paid $3,600 in childcare while the Canadian Armed Forces (CAF) only reimbursed her $1,660. Arguing that $35 is not sufficient and unfair to service couples when both parents can be called upon to serve away from the family home at the same time, the grievor asked to be reimbursed at the $75 maximum daily rate.

The Initial Authority (IA) denied redress. The IA noted that the CAF can only reimburse FCA in accordance with the rates established by the National Joint Council (NJC) Travel Directive, as set out in Compensation and Benefits Instruction (CBI) 209.335. Given that the $75 maximum daily amount is only payable if the childcare is provided by a person or a commercial enterprise in the business of providing childcare, the IA found that the grievor's father-in-law did not meet the conditions and that she was only entitled to the $35 maximum daily amount.

The Committee found that the grievor's circumstances did not meet the conditions for the $75 maximum daily amount of FCA. The Committee noted that the conditions for entitlement to the $75 maximum daily amount were specified in the NJC Travel Directive, to which CBI 209.335 refers, many months before the grievor's service overseas and that the Director Compensation and Benefits Administration had also sent out a clarification message. As a senior financial administrator, the grievor was well aware of her responsibility to be familiar with her entitlements before making any financial commitments. The Committee recommended that the Final Authority not afford the grievor redress.

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's recommendation to deny the grievance on the basis that the grievor's claim was treated in accordance with the applicable policies and rates. He reiterated that the CBI and Government's rates are outside of his authority. The CDS noted that the question of the FCA will be included in the review that should occur in the Spring of 2023 by the Treasury Board.