# 2020-179 Careers, Annual Leave

Case summary

F&R Date: 2020-04-26

The grievor argued that he should be permitted to accumulate his 11 remaining days of annual leave and asserted that being ordered to take them caused him stress and frustration, which augmented his traumatic brain injury and adversely affected his recovery, mental health and well-being.

The Initial Authority denied the grievor redress, asserting that the Canadian Forces Leave Policy Manual specifically states that members in the Transition Units will use all leave in accordance with policy and that the Chain of Command does not have any flexibility outside of the circumstances provided by policy. 

The Committee noted that according to Queen's Regulations and Orders for the Canadian Forces 16.15, a maximum of 25 days of annual leave can be accumulated annually only if there is an imperative military requirement (IMR), which would have prevented the member from taking the leave. 

The Committee found there was no IMR in the grievor's case that prevented him from using his annual leave and that would have justified its accumulation. As such, the Committee found it was appropriate to order the grievor to take the leave and recommended that the grievance be denied. 

FA Decision Summary  

The Final Authority (FA), the Director Canadian Forces Grievance Authority, agreed with the Committee's recommendation that the grievor not be granted redress. The FA agreed that neither the lack of traditional annual leave activity options, due to the COVID-19 pandemic, nor the grievor's requirement to continue with remedial exercises, constituted imperative military requirements that would prevent annual leave and justify its accumulation.