Planning a summer getaway is about more than booking flights and choosing a destination – it also means understanding your rights and the processes around scheduling time off with your employer. Whether you’re working in a provincially or federally regulated industry determines how your vacation entitlements work.
Vacation Rules for Provincially Regulated Employees
For employees in provincially regulated industries in British Columbia, vacation entitlements are set out in Part 7 of the British Columbia Employment Standards Act.
Under this legislation, employees are entitled to:
- At least two weeks of vacation after 12 consecutive months of employment
- At least three weeks of vacation after five consecutive years of employment
Employers must ensure vacation is taken within 12 months of earning it.
Can Employers Decide When You Take Vacation?
Employers are required to allow workers entitled to an annual vacation to take it in periods of one week or more. However, employees can request to take their vacation in shorter increments, though approval for this is at the employer’s discretion.
Employers can also schedule vacation time according to their business needs as long as vacation days are set within 12 months of earning them. For example, employers may cancel an employee’s vacation due to a shortage of staff. However, it is important to note that as a matter of workplace satisfaction, an employer should take employee preferences into account when scheduling time off.
Vacation Rules for Federally Regulated Industries
For employees working in federally regulated industries, such as banking and telecommunications, vacation entitlements are governed by the Canada Labour Code. Here, an employee is entitled to:
- At least two weeks of vacation after one year of employment
- At least three weeks of vacation after five consecutive years of employment with the same employer
- At least four weeks of vacation after 10 consecutive years of employment with the same employer.
Employers must grant earned vacation no later than ten months after each year of employment.
Can Federally Regulated Employees Choose When to Take Vacation?
Under the Canada Labour Code, vacation is to be taken in one continuous period, unless the employee makes a request in writing and the employer approves it in writing, in more than one period. Generally, vacation is scheduled at a time mutually agreed upon between the employee and employer. If an employer schedules vacation time, they must provide at least two weeks of notice.
If you are an employee or employer with questions about scheduling vacation, please contact our team – we’re here to help!
