The grievor contested the employer’s decision to deny his request for other paid leave and to substitute sick leave with pay instead – the grievor’s offer of employment was for a bilingual position, but he was not aware that he would be expected to relocate for language training – the employer made arrangements for language training and advised him to report to Rigaud, Quebec, for at least four months – the grievor suffered from a medical condition that made such training impossible for him – he reported for training but left soon after as a result of his medical condition – his request for sick leave for the following week was approved, and the employer advised him that he would not be allowed to return to work until Health Canada deemed him fit for work, despite the fact that the grievor explained that his condition did not affect him at his workplace and that no prior issues had been brought to the employer’s attention about the grievor’s performance at work – the employer waited a week before requesting the assessment – Health Canada confirmed the grievor’s fitness to work, and he returned to work a week later, requesting other paid leave for the time during which he had been off work – the employer refused his leave request and instead substituted sick leave with pay – the employer waited before arranging the assessment, and the grievor’s return to work following that assessment was delayed by the employer’s inadequate attempts to reach him to advise him to return to work – the circumstances did not justify the measures taken by the employer to remove him from the workplace – it could have imposed a less onerous measure – nothing justified the denial of his leave request – the circumstances of the grievor’s absence from the workplace were not directly attributable to him but to the employer – the denial of his request for other paid leave to cover his absence was arbitrary and unreasonable.

Grievance allowed.