Leave not earned while on Leave with Income Averaging
A decision was rendered recently on a Treasury Board grievance regarding Leave With Income Averaging (LWIA). Similar to the grievances filed by AFS members these grievances argued that while on LWIA they continued to receive pay meaning that they should accrue vacation and sick leave credits per the respective clauses of the collective agreement.
The grievances were not successful at the FPSLREB. While the adjudicator noted that the sick leave and vacation leave clauses were not clear and unambiguous, he did not find that the grievors met the burden of proof that the collective agreement was violated.
PIPSC legal has decided that they will not proceed with a judicial review and are recommending that the AFS grievances be abandoned. CRA management has been advised that our grievances will be withdrawn.
Here is a link to the decision:
https://pslreb-crtefp.gc.ca/Decisions/fulltext/2019-f-23_e.asp