Howard Levitt: Vacation time piling up in lockdown? It's an employer's right to decide when you can use or lose it

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Generally, for morale reasons, employers oblige employees in the choice of vacation times, but they do have the right to dictate when it\u0027s taken

Even the employment standards minimum vacations must be taken within a certain time frame, depending upon the legislation in each province, but it must be paid-out by the employer in any event.

One must also remember during these times that although vacation time continues to accrue, if an employee is not paid wages because they are on layoff, leave of absence or some other arrangement, they have no right to be paid any vacation pay for the time they were off. Vacation pay is based upon a percentage of actual earnings, for example four per cent or six per cent.Article content

Many employers are assisting employees by paying them outstanding vacation during their layoff. However, this is at the employer’s discretion as they have the right to dictate vacation time. Generally, for morale reasons, they oblige employees in the choice of vacation times, but I have clients who have annual shutdowns and everyone is required to take their vacations during that period.

 

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