Forced to Use Your Vacation Time?Whitten and Lublin | Wednesday, February 6th, 2013 | No Comments »
Employees Do Not Have a Right to Take Vacation Time Whenever They Choose
While working hard and trying to keep up with demanding markets, employers might use the opportunity a long weekend brings to shut their doors for an extra day. It might sound good to an employee who gets a day off without using any vacation time but is this really the case?
You might think that taking vacation is your choice; however, generally it is not. Employees do not have a right to take vacation whenever they choose. Although most workplaces co-ordinate time off with their employees, they are not technically required to do so. In fact, employers are legally allowed to preset vacation periods for their staff.
Find Out More About Your Vacation Rights
However, as Daniel Lublin, Toronto Employment Lawyer explained in his latest Globe and Mail article, Don’t I get to choose when to take my vacation?, the company cannot force you to take a vacation day before a statutory holiday simply because it made the decision to close the workplace for a day. An employee has a right to take his/her vacation in a two-week period or two separate one-week periods. Vacation time can only be separated into periods shorter than one or two weeks with an employee’s consent.
These rules are generally the same across Canada, except in federally regulated workplaces (banks, telecommunications companies, radio and television and transportation) where vacation time can be given less than a week at a time.
To find out more about your vacation rights, you might consider contacting an employment expert who would be able to provide advice specific to your situation.