# 2020-083 Pay and Benefits, Annual Leave, Relocation

Case Summary

F&R Date: 2021–02–11

The grievor argued that she should not have been required to use two days of annual leave for the pack and load of her household goods and effects (HG&E). The grievor asserted that the Canadian Armed Forces (CAF) released her under the table of Queen's Regulations & Orders 15.01, item 3(b), without the full benefit of transition support usually given to a medically releasing CAF member.  

The Initial Authority (IA) denied the grievor redress asserting that the grievor was medically released from the CAF and had elected an Intended Place of Residence and, as such, she was not entitled to special leave for relocation in accordance with Canadian Forces Leave Policy Manual (CFLPM) 5.10.14.

The Committee found that given the grievor's Medical Employment Limitations (MEL), only one day of leave was necessary to cover off the grievor's pack and load days, not two days as required by the Commanding Officer (CO). The Committee determined that the CO had the authority to grant a short leave day instead of requiring that annual leave be used by the grievor.

Further, it was suggested that granting special leave to a CAF member whose MEL allowed the grievor to work only half days, and who was being medically released, for packing and loading the grievor's HG&E located in a residential housing unit, falls within the unique circumstances of service in the CAF contemplated by section 5.1.01 of the CFLPM. 

FA Decision Summary

The Final Authority (FA), the Director Canadian Forces Grievance Authority, agreed with the Committee's recommendation that the grievor's two annual leave days used to pack and load be replaced by Special Leave - Chief of the Defence Staff. The FA agreed with the Committee's finding that the grievor was not entitled to Special Leave - Relocation to move out of a residential housing unit at the time of release The FA indicated that a remedy was, nonetheless, warranted as the chain of command should have made a greater effort to enable the transition to civilian life leading up to the grievor's medical release by adjusting work hours in accordance with assigned medical employment limitations and providing appropriate support.