Question: Some of our employees have asked to take part of their vacation in days rather than in an unbroken week. As an example, some employees want to take Fridays or Mondays off to have long weekends over the summer. Is this allowed?
Answer: It depends on the jurisdiction in which the employee works. Vacation requirements are covered under each province’s/territory’s employment/labour standards legislation, as well as the Canada Labour Code for federally regulated employees and employers.
Canada Labour Code: The Labour Standards Code does not specify how employees are to take their vacation. Employers are advised to contact Labour Standards with specific questions.
Alberta: The Employment Standards Code allows employees to make a written request to their employer to take their vacation in periods of not less than one day. Otherwise, employees must take their vacation in one unbroken period.
British Columbia: The Employment Standards Act allows employees to request permission to take their vacation in periods of less than a week; however, it prohibits employers from requiring an employee take vacation in periods of less than one week.
Manitoba: The Employment Standards Code prohibits employers from requiring an employee take less than one week of vacation at a time.
New Brunswick: The Employment Standards Act does not specify how employees are to take their vacation. Employers are advised to contact Employment Standards with specific questions.
Newfoundland and Labrador: The Labour Standards Act states an employee who is entitled to two weeks of annual vacation may choose to take the vacation in one unbroken period of two weeks or in two unbroken periods of one week each, unless the employer and the employee agree to shorter periods.
An employee who is entitled to three weeks of annual vacation may choose to take the vacation in one unbroken period of three weeks, two unbroken periods of two weeks and one week respectively, or three unbroken periods of one week each, unless the employer and the employee agree to shorter periods.
Northwest Territories: The Employment Standards Act does not specify how employees are to take their vacation. Employers are advised to contact Employment Standards with specific questions.
Nova Scotia: The Labour Standards Code allows employees to take their vacation in broken periods if the employee will have two weeks’ vacation (or three weeks’ vacation after eight years) and the employee receives at least one week of unbroken vacation.
Nunavut: The Labour Standards Act does not specify how employees are to take their vacation. Employers are advised to contact Labour Standards with specific questions.
Ontario: The Employment Standards Act allows employees to take their vacation in either one two-week period or in two periods of one week each, unless the employee requests in writing — and the employer agrees — to take the vacation in shorter periods.
In workplaces where employers have established an alternate vacation entitlement year and the employees are entitled to two to five days’ vacation during the stub period,* they must take the vacation in a period of consecutive days.
If the vacation entitlement for the stub period is more than five days, the first five days of the entitlement must be taken in consecutive days. The remaining vacation days may be taken with the first five days or in a separate period of consecutive days. Employment Standards allows employees to take the vacation in shorter periods if the employee has requested this in writing from the employer and the employer has agreed in writing.
*Note: The stub period refers to time between the date of hire and the beginning of the first alternative vacation entitlement year, or the period between the end of the last standard vacation entitlement year and the start of the first alternative vacation entitlement year where the employer switches from a standard vacation entitlement year to an alternative vacation entitlement year.
Prince Edward Island: The Employment Standards Act states that employees must take their vacation in one unbroken period.
Quebec: The Act respecting labour standards allows employees to split vacation into two or more periods if the vacation is longer than one week and the employees request it along with employer consent. The act allows the employer to turn down the request if the business closes for a period at least equal to the employees’ vacation time. (Employers who shut down their business prior to March 29, 1995 for a vacation period and continue to do so, may, for an employee entitled to at least three weeks’ vacation, divide the employee’s vacation into two periods — with one being the period the business is closed. The act requires one of those periods must be for at least two consecutive weeks. The act does not allow employees to take a one-week vacation in broken periods.
Saskatchewan: The Labour Standards Act states employees must take vacation in one continuous period, unless they request shorter periods. Employees may take the vacation in periods of at least one week if they give their employer written notice of their intention to do so no later than the day they become entitled to the vacation. The provisions in the Act covering how the vacation is to be taken do not apply if the director of Labour Standards approves an employer’s plan to shut down a workplace for a temporary period so that employees can take their vacation at that time.
Yukon: The Employment Standards Act does not specify how employees are to take their vacation. Employers are advised to contact Employment Standards with specific questions.
Reporting vacation pay on a record of employment
Question: One of our employees is taking two weeks’ paid vacation before starting her maternity leave. How do I report this on her Record of Employment (ROE)?
Answer: The amount of vacation pay paid to the employee must be included in Blocks 15B, Total Insurable Earnings; 15C, Insurable Earnings by Pay Period*; and 17A, Vacation Pay. The vacation time must be included in Block 15A, Total Insurable Hours.
In Block 11, Last Day for which Paid, record the date of the employee’s last day of paid vacation. This date must not be a statutory holiday.
*Note: If you are using a paper ROE, only complete Block 15C if the employee did not have any insurable earnings in at least one of the pay periods. Employers using electronic ROEs must always complete this block.
Annie Chong is manager of the payroll consulting group at Carswell, a Thomson Reuters business, which publishes the Canadian Payroll Manual and operates the Carswell Payroll Hotline. She can be reached at [email protected] or (416) 298-5085.
