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I have an approved leave pass and they want to put me on PLQ Mod 2 during the time. I already have flights for my wife, son and I and a hotel booked and paid for. On top of things my family is supposed to meet our son for the first time which is why we are taking the trip and they have booked time off work for us to come.
My first question is does PLQ constitute a "military requirement" (as stated in QR & O 16.01) with respect to being able to cancel my leave? The spirit of term "military requirement" seems as though it would be for operational purposes vs. just about anything but I could be wrong.
Secondly, can they force me to cancel my flight and they pay the cancellation fees and hotel stay or do they have to pay for the flight? The reason I ask as it does not say I must cancel my flight.
Any opinions/knowledge on this situation would be appreciated.
Refs below. I reviewed CBI 209.54 but I can't access the corresponding CFAO from home.
209.54 - Reimbursement of Expenses when Recalled from or on Cancellation of Leave
209.54(1) (Application) SSubject to paragraph (2), an officer or non-commissioned member who is recalled to duty from leave in accordance with QR&O 16.01 (Withholding of and Recall From Leave) or whose approved leave has been cancelled for service reasons may be reimbursed for:
transportation and travelling expenses in accordance with CBI 209.83 - Transportation and Travelling Expenses – Move of Officers and Non-commissioned Members on Posting or of Dependants for the member and, where applicable, their dependants to the place of duty from the place from which the member was recalled and for the return journey if the member resumes leave immediately after completion of the duty for which the member was recalled; and
additional expenses resulting either from the cost of breaking contractual arrangements or cancellation fees that were made specifically for the purpose of an approved leave period.
209.54(2) (Submission of claims for reimbursement) Claims for reimbursement under paragraph (1) shall be submitted in accordance with orders and instructions issued by the Chief of the Defence Staff.
QR & O 16.01 - WITHHOLDING OF AND RECALL FROM LEAVE
(1) Leave may be withheld from an officer or non-commissioned member only when there is a military requirement to do so.
(2) An officer or non-commissioned member on leave may be recalled to duty only:
because of imperative military requirements; and
when the member’s commanding officer personally directs the member’s return to duty.
(3) An officer or non-commissioned member recalled to duty under paragraph (2) ceases to be on leave and is on duty during the period of the journey from the place from which he is recalled to his place of duty and during the period of the return journey if he resumes leave immediately after completion of the duty for which he was recalled.
My first question is does PLQ constitute a "military requirement" (as stated in QR & O 16.01) with respect to being able to cancel my leave? The spirit of term "military requirement" seems as though it would be for operational purposes vs. just about anything but I could be wrong.
Secondly, can they force me to cancel my flight and they pay the cancellation fees and hotel stay or do they have to pay for the flight? The reason I ask as it does not say I must cancel my flight.
Any opinions/knowledge on this situation would be appreciated.
Refs below. I reviewed CBI 209.54 but I can't access the corresponding CFAO from home.
209.54 - Reimbursement of Expenses when Recalled from or on Cancellation of Leave
209.54(1) (Application) SSubject to paragraph (2), an officer or non-commissioned member who is recalled to duty from leave in accordance with QR&O 16.01 (Withholding of and Recall From Leave) or whose approved leave has been cancelled for service reasons may be reimbursed for:
transportation and travelling expenses in accordance with CBI 209.83 - Transportation and Travelling Expenses – Move of Officers and Non-commissioned Members on Posting or of Dependants for the member and, where applicable, their dependants to the place of duty from the place from which the member was recalled and for the return journey if the member resumes leave immediately after completion of the duty for which the member was recalled; and
additional expenses resulting either from the cost of breaking contractual arrangements or cancellation fees that were made specifically for the purpose of an approved leave period.
209.54(2) (Submission of claims for reimbursement) Claims for reimbursement under paragraph (1) shall be submitted in accordance with orders and instructions issued by the Chief of the Defence Staff.
QR & O 16.01 - WITHHOLDING OF AND RECALL FROM LEAVE
(1) Leave may be withheld from an officer or non-commissioned member only when there is a military requirement to do so.
(2) An officer or non-commissioned member on leave may be recalled to duty only:
because of imperative military requirements; and
when the member’s commanding officer personally directs the member’s return to duty.
(3) An officer or non-commissioned member recalled to duty under paragraph (2) ceases to be on leave and is on duty during the period of the journey from the place from which he is recalled to his place of duty and during the period of the return journey if he resumes leave immediately after completion of the duty for which he was recalled.