Canadian Payroll Reporter

CANADIAN PAYROLL REPORTER Breaking up vacation time: Taking time off in periods of less than 1 week 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 ANNIE CHONG ■ ASK AN EXPERT 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 Canadian HR Reporter, a Thomson Reuters business 2013 continued on page 8 7

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