Promotion Date While on Maternity/Paternity Leave

Topic

Promotion Date While on Maternity/Paternity Leave

Case number

• 2014-117 (F&R Date: 2014–11–27)

Description

The Committee found the Canadian Armed Forces (CAF) practice to delay a promotion until 1 December of a given year because a CAF member is on maternity or paternity leave to be a discriminatory practice based on prohibited grounds of sex and family status as defined by the Canadian Human Rights Act on the basis that it negatively affects an employee because of pregnancy or pregnancy–related conditions or circumstances.

As this represented a general CAF practice and that the evidence on the file suggested that other individuals had been affected, the Committee found that there was a need to review both the practice and instances where others may have been negatively affected.

Recommendation

The Committee recommended that the CDS direct a review of those individuals whose promotion was delayed until 1 December of a given promotion year if their situation met that of paragraph 3.A of CANFORGEN 73/06. 

The Committee recommended that the CDS direct a review of the Director Military Careers Standard Operating Procedure 004 to ensure that promotion practices related to military personnel on maternity or parental leave are not discriminatory.

Final Authority Decision

The CDS disagreed that there was a systemic issue but agreed with both Committee's recommendations.