# 2019-154 Pay and Benefits, Family Care Assistance

Case summary

F&R Date: 2020-09-25

The grievor disputed the amount of her Family Care Assistance (FCA) benefit under Compensation and Benefits Instructions for the Canadian Forces (CBI) 209.335. The grievor maintained that her unit had confirmed that she was entitled to the maximum per diem rate of $75 and that on her return from temporary duty (TD) for military training, the Canadian Armed Forces had paid her the FCA at a per diem rate of $35, causing her financial harm.

The Initial Authority did not render a decision within the prescribed timeframe and the grievor requested that her grievance be sent to the Final Authority (FA).

The Committee noted that the provisions for the FCA had been amended prior to the TD and stipulated that the maximum per diem rate was $35 when the services were not provided by a person or business regularly employed in dependent care services, as was the case for the grievor. The grievor's unit argued that, under an exception pursuant to CBI 209.335(9), she was eligible for the maximum per diem rate of $75 for the first 14 days, given that the grievor had only received confirmation of her participation in the training the day before it began. The Committee found that the exemption, as worded, did not apply in the case of military training. As a result, the Committee concluded that the grievor had received the FCA amount to which she was entitled and recommended that the FA not grant redress.

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's recommendation to reject the grievance on the grounds that the grievor's request for reimbursement was handled in accordance with the CBI in place. He reiterated that he does not have the authority to modify the conditions for allowances under the CBI or the National Joint Council Travel Directives. The CDS also agrees with the Committee's observation that the points raised in the grievance should be taken into consideration during the next CBI review. He indicated that he recognizes the importance of adapting the policies governing benefits and applicable allowances for service members to the reality of military families. The CDS stated that the revision of the Family Care Assistance will be included in the overall submission to Treasury Board planned for spring 2023.