In the age of remote work, it’s not uncommon to hear of employers asking employees on an approved vacation to do some work while they are off. It can take some of the fun out of a day meant for relaxation, but where does the law stand on this issue? Many employees find themselves facing an uncomfortable question: can your employer require you to work while you are on vacation?
Whether it’s a “quick email,” an urgent phone call, or a request to attend meetings while you’re supposed to be off, these interruptions can undermine the very purpose of vacation time. While some limited contact may be permissible, Ontario employment law draws a clear line between minor interruptions and unlawful interference with your statutory vacation rights.
Below, we break down when employer requests during vacation may be reasonable, when they cross the line, and what your legal options are if your approved time off is ignored or cancelled.
Can an employer ask you to work while on vacation?
The legal answer depends can vary greatly on the circumstances.
Having to send a quick email or respond to a brief question, while annoying, would generally be considered reasonable. This especially applies if you are in a job that regularly requires some work outside of regular business hours, versus a job where the work stops after clocking out.
However, reasonableness has limits.
When working on vacation becomes unreasonable?
An employer crosses into problematic territory when an employee is required to perform substantive work during approved vacation time.
Examples include:
- Attending meetings
- Completing deliverables
- Performing regular job duties
- Being on call throughout the vacation period
If you are effectively working as though you were not on vacation, the day should not count as vacation and the employer should allow for that vacation day to be taken properly on another day.
The right to vacation pay and vacation time is carved into employment standards legislation, and the courts do not look kindly upon employers denying their workers their minimum entitlements like vacation.
Who decides when vacation is taken?
Employers generally have the right to decide when vacations is scheduled, subject to legal limits.
Unless the employee requests otherwise in writing, it has to be provided in:
- One-week blocks
- Two-week blocks
- Three-week blocks.
The ability for an employer to decide vacation times is important when industries or companies have blackout periods, or they need to reconcile multiple employees seeking to take vacation at the same time.
Can an employer cancel approved vacation?
In some industries, genuine workplace emergencies may justify last-minute cancellation of approved vacation. That said, this power is not unlimited.
If an employer cancels approved vacation and the employee suffers financial losses, such as non-refundable travel costs, the employee may be entitled to compensation.
Employers that unfairly withhold such compensation and are overzealous in cancelling approved vacations will likely have to contend with more than legal exposure. Low workplace morale and high attrition often follow.
Key Takeaways: vacation time and work requests
- Occasional, brief contact during vacation may be reasonable
- Requiring substantive work during vacation is generally not
- Employees are entitled to real, uninterrupted vacation time
- Approved vacation should not be treated as conditional or optional
- Replacement vacation days or compensation may be required
Frequently asked questions regarding vacation
Can my employer legally make me work during vacation in Ontario?
Only in limited circumstances. Minor, brief requests may be acceptable, but requiring substantive work likely violates employment standards.
If I work during my vacation, do I lose that vacation day?
No. If you are required to work, you may be entitled to take that vacation day at another time.
Can my employer cancel my vacation at the last minute?
Sometimes, but if you suffer financial losses, you may be entitled to compensation.
When to speak to an employment lawyer?
Many employees struggle to fully disconnect from work, especially in senior or remote roles. But approving vacation and then requiring ongoing work is unlikely to withstand legal scrutiny.
An experienced employment lawyer can analyze your situation, clarify your rights during approved vacation time and help you reclaim the time and compensation you are entitled to.
If you have any questions about vacation time, please contact Whitten & Lublin online or by phone at (416) 640-2667 today.
Author – Sohrab Naderi
