March 29, 2000
21.4.662
The employee who is a single parent grieved the Department 's refusal to reimburse child care expenses incurred while being required to attend several seminars held in the evenings because she was not absent overnight. The grievor sought reimbursement for childcare expenses incurred while having to work outside regular work hours.
At the employer's request, the grievor attended seminars given to small and medium sized companies on November 12 and December 15, 1997 and March 3 and March 11, 1998. The hours were 6:00 p.m. to 11:00 p.m.
On March 17, the grievor filed a travel claim. As a single parent she requested reimbursement of child care costs as well as transportation expenses (kilometric rate). Reimbursement of child care expenses was denied. A grievance was filed.
The Bargaining Agent representative stated that not only was the grievor required to attend the seminars, she was asked to give 2 courses on behalf of her Employer. On one occasion, the grievor was unable to return home until 1:00 a.m.
The representative confirmed that the grievor is a single parent and that she was not absent from home overnight, a requirement stipulated in the NJC Travel Directive (7.7.1) for entitlement to assistance.
As noted by the Bargaining Agent representative, the nature and focus of this presentation was not to debate whether the grievor had been treated within the intent of the present Travel Directive. Rather, it was to bring to the attention of the Committee the fact that the present Directive does not respond to real needs of the times.
The Departmental representative stated that this grievance centers on the interpretation of the NJC Travel Directive (7.7.1) Child care assistance. The employee is a single parent. She was asked to work outside the normal work hours. However, she was not absent overnight.
Under the present Travel Directive, the grievor was not entitled to childcare assistance (as stipulated in 7.7.1). Therefore, the Department believed that the grievor had been treated within the intent of the Travel Directive.
The Executive Committee considered the grievance and agreed that in view of the circumstances in this case the grievor was not treated within the intent of article 1.1.2 of the Travel Directive.
The grievance was upheld.