# 2013-015 Pay and Benefits, Family Care Assistance (FCA)

Case Summary

F&R Date: 2013–03–20

The grievor and her service spouse were required to work extra hours and full days on three weekends in support of a month long military exercise at their unit. As a result, they incurred additional childcare expenses. The grievor submitted a claim for reimbursement of these expenses under the Family Care Assistance benefit found in the Compensation and Benefits Instruction (CBI) 209.335. Her claim was initially supported and paid, however, the Director Compensation and Benefits Administration later rejected the claim because the entitlement requirement to be away from the family home for a period in excess of 24 hours was not met. The money was then recovered.

The grievor argued that the 24-hour requirement was an insignificant qualifier and that she met the spirit of the policy. She indicated that there would be other similar exercises during the year where she would again incur additional childcare expenses and suggested that an inequity existed between her and the augmentation personnel who were being paid temporary duty benefits and the civilians who were receiving overtime for the extra hours worked. The grievor's chain of command supported her grievance and her views on temporary duty and overtime.

The Initial Authority, the Director General Compensation and Benefits, denied the grievance citing the CBI and indicating that the 24 hour requirement was a Treasury Board stipulation and, as such, the Canadian Forces had no authority to grant the benefit.

The Board agreed with the Initial Authority that the wording of the policy is unambiguous in requiring that there be an absence from the family home of more than 24 hours in order to qualify for Family Care Assistance. The Board also addressed the grievor's inequity argument, pointing out that temporary duty benefits are paid to members for actual and reasonable expenses incurred when they were required to work outside of their normal place of duty, and could not be compared to someone returning home each evening. The Board also observed that overtime for civilians is governed by their Collective Agreement and that there is a component already included in the military compensation package recognizing overtime.

The Board recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2013–05–23

The CDS agreed with the Board's findings and recommendation that the grievance be denied.