Can My Employer Dictate How I Take My Vacation Days?
Have you ever had your employer reject your vacation request? Did that make you wonder to what extent can my employer dictate how I take my vacation days? To begin, every employee in Ontario, whether temporary, seasonal, contract, full-time or part-time, is entitled to vacation time each year.
The amount of vacation time an employee is entitled to is based solely on their years of service with their employer. The minimum vacation time under the Ontario Employment Standards Act, 2000 is as follows:
- An employee with less than 5 years of service is entitled to 2 weeks of vacation time; and
- An employee with 5 years of service or more is entitled to 3 weeks of vacation time.
When can you use vacation time?
While employees are entitled to vacation time, it is at the employer’s discretion as to when they can take it. An employer has the right to approve or refuse vacation requests based on business needs. For example, an employer may reject a vacation request if other team members have already requested time off and another approved request would limit staff during that time.
While vacation time requests can be refused, employees have the right to take vacation time within ten months after completing the 12-month vacation entitlement year.
Can your employer revoke an approved vacation time?
While this may be surprising, employers often have the right to alter or revoke a pre-approved vacation time in accordance with reasonable business needs. However, this will be subject to what may be considered ‘reasonable’.
Asking an employee to answer simple questions or respond to an email should not require an employee to cancel a vacation. However, situations where staff may be limited, or an unexpected business deadline has emerged may be considered reasonable. The nature of an employee’s role will play a large role when assessing the reasonableness of the circumstances. If an employer forces an employee to cancel a pre-approved and pre-booked vacation, the employee may be liable for financial losses stemming from a cancelled vacation.
If you have questions about your vacation time, or need to better understand your rights around vacations, please contact Whitten & Lublin online or by phone at (416) 640 2667.
Author – Sophie Teversham