Posted on Feb 4, 2019
SPC Healthcare Specialist (Combat Medic)
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Can the COC deny paternity leave of 21 days for a secondary caregiver? I have read 2019-05 and it black and white says I get 21 days non chargeable. COC states I only get 10 and denied my 9 days of use or lose leave. There reasoning is I am essential to the mission. CQ is basically my only mission as I am in the MEB process. Any input before I go visit IG?
Posted in these groups: Legal 6 LeaveAr Army Regulations
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Responses: 7
1SG Retired
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Reading Army Directive 2019-05, I noted that it states, more than once, that the commander "may approve." When trying to interpret regulations and policies, attention must be paid to whether it states "may" versus "will," or "shall."
Yes, context must be considered, but generally, "may" means a choice to act, while "will," or "shall," makes it imperative.
The only leave that "may not be disapproved by a commander," is "maternity convalescent leave" (6. a. (7)).
The Directive doesn't state a commander may not disapprove the other leaves covered in the Directive.
The Directive "limits" secondary caregiver (SC) leave to 21 days, but doesn't mandate commanders grant 21 days non-chargeable leave.
This, and the "may approve" are the sticking points.
What to do:
You should consider using the Open Door policy to have a discussion with your COC. Determine what their position/interpretation is. You can ask the commander how they interpret it. If not satisfied, raise the issue with the IG.
The Directive states it "must be taken in only one increment," so you only get one shot at this.
Not sure what you mean with regard to the reference about use or lose leave being denied. This only muddies the water without further explanation.
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1px xxx
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COC can’t deny the 21 days of pat leave. See if you can find someone to cover your CQ. I would take it to BC or CSM before IG.
WO1 Network Circuit Engineer
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Good suggestion. Commanders and CSMs have an open door policy for a reason.
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MSG Company First Sergeant
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CPL Weaver, going to the IG is not (and should not) be seen as a negative action. Any Soldier (of any rank) is more than welcome to call the IG at any time to enlist their help in interpreting regulations, policies, and procedures. If you are just asking a question and not filing a complaint, no one would ever know you made that phone call except for you and the IG. IGs are "impartial fact finders". The only "side" they are on is the side of what the regulation says.
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1px xxx
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SFC, I didn't say it was negative action, but I do believe that you should utilize your COC before taking it to IG. Especially because most of the time the BN CDR and CSM aren't tracking the situation.
1SG First Sergeant
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Sounds to me like maybe your COC isn't tracking the new change in Army Directive 2019-05. However, you need to understand it is NOT a requirement. Depending on mission requirements and manning you may or may not get the entire 21 days.
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