Employer's Unilateral Decision Regarding Vacation (Covid-19/Coronavirus)

This document allows an employer to notify an employee of a change in the dates of vacation chosen by the employee. This document also makes it possible to impose on the employee the dates on which the employee must take his or her vacation.

In general, Employers have the right to set statutory vacation entitlements for their employees. Although, they have to respect the requirement of applicable employment standards legislation and relevant employer workplace policies. Employers must ensure that unilateral scheduling of vacations does not conflict with the requirements of the employee's contract of employment.

In Canada, some provinces require an employer to provide employees with written notice before asking them to take their vacation. In addition, many Canadian jurisdictions require that vacations be taken in at least uninterrupted periods of at least one week, unless the employee requests otherwise.

Employers may also offer their employees the opportunity to use their vacation entitlements in the event that they isolate themselves, in order to receive compensation that they would not otherwise receive. This possibility must be voluntary not imposed by employers.

How to use this document ?

When the employer has made a decision to change or imposed vacation dates, the employer may notify the employee by sending this letter in sufficient time for the employee to receive it at least two weeks before the intended date. Sending by registered mail with acknowledgment of receipt or hand delivery against signature provides proof that the one day's notice period has been respected.

Applicable Law

The Canada Labour Code provides for annual vacations in Division IV of Part III. According to Canada Labour Standards Regulations , an employee may take vacation at the discretion of the employer or at a time mutually agreed to by the employer and employee.

There are a number of obligations regarding early and differed vacation, vacation splitting and additional leave. There are some differences between the provinces and territories in Canada regarding the entitlement to paid vacation (annual leave).

The following is an overview, by Canadian province and territory, of the minimum vacation days based on the number of continuous years worked by the employee :

• Alberta :
• Less than 5 years = 2 weeks of paid vacation
• 5 years and over = 3 weeks of paid vacation

• British Columbia :
• Less than 5 years = 2 weeks of paid vacation
• 5 years and over = 3 weeks of paid vacation

• Prince Edward Island :
• Less than 8 years = 2 weeks of paid vacation
• 8 years and over = 3 weeks of paid vacation

• Manitoba :
• Less than 5 years = 2 weeks of paid vacation
• 5 years and over = 3 weeks of paid vacation

• New Brunswick :
• Less than 8 years = 2 weeks of paid vacation
• 8 years and over = 3 weeks of paid vacation

• Nova Scotia:
• Less than 8 years = 2 weeks of paid vacation
• 8 years and over = 3 weeks of paid vacation

• Nunavut :
• Less than 5 years = 2 weeks of paid vacation
• 5 years and over = 3 weeks of paid vacation

• Ontario :
• No matter how many years worked = 2 weeks of paid vacation

• Quebec :
• Less than 3 years = 2 weeks of paid vacation
• 3 years and over = 3 weeks of paid vacation

• Saskatchewan :
• Less than 10 years = 3 weeks of paid vacation
• 10 years and over = 4 weeks of paid vacation

• Newfoundland and Labrador :
• Less than 15 years = 2 weeks of paid vacation
• 15 years and over = 3 weeks of paid vacation

• Northwest Territories :
• Less than 6 years = 2 weeks of paid vacation
• 6 years and over = 3 weeks of paid vacation

• Yukon :
• No matter how many years worked = 2 weeks of paid vacation

• Canada (Canadian Labour Code) :
• Less than 6 years = 2 weeks of paid vacation
• 6 years and over = 3 weeks of paid vacation

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