A recent CAA Quebec poll proves it: 69% of Quebecers intend to take their annual vacation this summer. It’s good to have intentions… but can your employer thwart you?
In 2014, a worker from the community of Les Coteaux in Montérégie began planning his April summer vacation. The man wants to take vacation days in July and August. In the same month, he receives a letter from management refusing him leave.
In a subsequent letter, the management explains and mentions that a distinction must be made between “the granting of vacation” and the dates on which vacation is granted. Management recognizes that the employee is entitled to annual leave if they have worked for the municipality for more than 20 years.
Most workers in Quebec are entitled to annual leave, which is regulated by the Labor Standards Compliance Act. This applies regardless of whether their working conditions are regulated by a collective agreement or not.
How much and what compensation?
Your minimum number of vacation days depends on the number of consecutive years of service you have accumulated as of April 30:
- · Less than one year of service: you are entitled to one working day’s holiday per month of service, up to a maximum of two weeks;
- · Between one year and three years minus one working day: You are entitled to two weeks’ holiday;
- · After three years of service you are entitled to three weeks holiday.
In addition to the vacation days, you are entitled to annual vacation pay. This monetary amount is equal to 4% of your gross salary if you have less than 3 years of continuous service and 6% if you have 3 years or more of continuous service.
The same rules apply to part-time employees.
When are the holidays?
In the case of the commune of Les Coteaux, the employer wanted to distinguish between the ‘granting of leave’ and the dates on which leave was granted.
A collective agreement was in place that gave municipal employees the right to choose their vacation dates based on seniority. The court concluded that the municipality must respect the holiday choices of its employees.
In a non-union setting, the employer can dictate the dates of annual leave. He must then inform you of the dates at least 4 weeks in advance. The employer can also allow his staff to choose when to take their leave, but the choice is at their discretion.
Did you know?
Some workers do not benefit from all the protections of the law regarding labor standards. Other persons are completely excluded from the application of this law.
Consult the Commission for Standards, Equity, Health and Safety at Work (CNESST) website to find out if your job falls under these exclusions.
Informative Text – This text does not constitute legal advice; It is recommended to consult a lawyer or notary for such advice. Éducaloi is a non-profit organization whose mission is to inform Quebec residents, in clear language, about their rights and responsibilities.