Short Leave for Maternity?

[SweetNavyJustice]

I've looked in the CFAO's and other documents and couldn't find an answer so I thought I'd open it up to the experience on the board. 

If a member and their spouce have a baby and the spouce is going to take the mat leave, is the member entitled to any short leave (day or two) immediatly following the birth? 

I ask this because there I know of a case where the CO refused to grant short leave for this because the member still had annual leave they could take.

Something just seemed odd about this, and I thought I remember seeing something, either CANFORGEN or other that granted the member a day or two short. 

Thanks for everyones input - but if it exists, I'm looking for references so I can pass them along. 

 

[George Wallace]

Are you confusing SPECIAL and SHORT?

 

[PO2FinClk]

Short is always the CO's discretion. Personal decisions as to how an entitlement will be used does not in turn substantiate a CO to grant anything in addition to that entitlment.

In this case the spouse could of taken a few less weeks of Mat Leave to grant the other a few weeks of parental leave. So since this was a personal decision then the onus remains on them (parents) to adjust their schedule to meet the established entitlement.

 

[SweetNavyJustice]

I don't believe I have short and special confused.  Short leave can be granted by unit CO's as they see fit (up to two days/month).  Special leave is granted based on circumstances related to CFAO 16-1 sec 8 sub 108.

 

[SweetNavyJustice]

PO2 fin,

Thanks for the reply.  You're absolutely correct that they could sort out their leave as they see fit, and since the member still has annual, they could also take that. 

I just thought I remembered that a policy existed somewhere that granted members a day or two of short leave upon the birth of a child. 

Since I can't find any ref's to support my memory, I have to conclude that my memory is false...   

I know that it's up to the CO to grant special leave based on their desires, it just seems odd to me that a CO would refuse such a request, and I was looking to see if anyone else knew of a possible reference so that the member could get short leave.

 

[Sub_Guy]

Something sounds off, usually if you are in good standing with your CO/Supervisor having them give you a day or two off immediately following the birth of a new one isn't an issue (hasn't been with the folks I know). 

There isn't a better time to take annual leave than that to spend it with the new addition, so being forced to take it shouldn't be a real issue.

 

[aesop081]

I know that it's up to the CO to grant special leave based on their desires, it just seems odd to me that a CO would refuse such a request,

COs are also tasked with ensuring thet their troops burn off all their annual leave. I have seen COs who refused to grant short leave until it was absolutely required because of this.

 

[BernDawg]

I don't believe that there has ever been an entitlement to short or special leave for a birth in the family. That being said For my 3 I never had a problem getting 2 short as it was "de riguer" back in the day. More and more now I am witnessing CO's and higher denying Short or special if there is annual left over for the year. Even for pers returning from Alert I have seen their CO's deny them their special days and they were forced to burn off annual.

Some days the "old Army" doesn't seem so bad.......

 

[Blackadder1916]

An extract from CFAO 16-1

103.   The purpose of short leave is to provide members with time away from their duties to compensate, in part, for long hours worked during extended periods of operations or training or for working on normal days of rest.
. . .

106.   Although COs may grant short leave for any valid reason, the following are examples when short leave could be granted:

     a.   to compensate members in HMC ships and submarines for an extended absence from home port and to compensate members engaged in operations and exercises who have been denied normal off-duty time;

     b.   as a reward for outstanding achievement during training and other duty;

     c.   to compensate shift workers who have lost the benefit of statutory holidays;

     d.   to members of the chaplaincy in lieu of special leave at Christmas and New Year's;

    e.   to enable a member to conduct urgent personal business; and

     f.   to fulfil religious obligations that fall on a normal day of work.

While a CO could (and often does) grant short leave in the circumstances you provide, it is not a given.  As Dolphin Hunter puts it, "something sounds off".  But that doesn't necesssarily mean that the CO is not being fair to the soldier in question.  It may just be his policy to grant short leave only for the purpose as stated in the CFAO and the soldier has not worked any beyond the norm that would justify compensation.  As an example (years ago) I was involved in a similiar situation.  A member of my unit requested short leave (in conjunction with annual leave) for the same reason and the CO denied it, saying he could take annual only.  IIRC, the CO's response to me (as Adjt) was "while knocking up his wife may have been hard work and taken extra time, it didn't happen on duty hours, at least I hope it didn't; he doesn't need to be compensated for that".

 

[Gunner98]

I am on leave without access to DWAN. I, too, recall a reference in a CANFORGEN/CANLANDGEN/CDS Guidance to COs - concerning Special Leave (Relocation?) during the last 2 years in which the CDS/CLS directing that COs could grant 3 days Special Leave (akin to Relocation - Family Days) after the birth of a child.  Many COs (that I have served under) used to do this anyways but this direction encouraged/legitimized the process.

Regardless, in my experience as Adjt and DCO, the CO automatically grants those 3 days (Special) plus 2 days (Special/Short Leave) which gives a soldier 5 days (plus applicable weekends) at home to assist in organizing the household, feeding/care/sleepless routine and taking care of the (new) Mom.  I will concede that if this is the 10th child those days may not be necessary.

If member has annual remaining and it is near the end of the fiscal year, then all leave should have planned in accordance with CO's direction.  Assuming the birth was expected and the due date forecasted, annual leave would be taken as planned with or before Special/Short began so as not to result in a request for accumulation or buy-out of remaining/unused leave.

That is my experience and it is supportive of the deserving soldier and appreciated by the families. To expect a new father to drop Mom and baby at home and then resume military duties immediately is an unrealistic expectation, unsympathetic leadership and not supportive of Quality of Life/the military family concept.