Vacations and Statutory Holidays
Work and Family Provisions in Canadian Collective Agreements
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D. VACATIONS AND STATUTORY HOLIDAYS
Vacations and statutory holidays are among the most basic provisions of collective agreements; they are also covered in the labour legislation of all Canadian jurisdictions. A relatively easy and cost-efficient way for workplaces to become more family-friendly is to allow employees more flexibility in the use of their vacation time and holidays: offering employees the option of splitting their vacation time into shorter periods to deal with family business, facilitating the co-ordination of spouses’ vacations and providing guarantees of summer vacations which allow employees a chance to spend their vacations with their school-aged children are some examples. Provisions such as floating or personal holidays can also offer employees the possibility of making personal and family arrangements, without marginalizing employees who do not have family obligations.
Of course, providing longer or extended vacations as well as additional holidays can also give employees an opportunity to spend more time with their families and to deal with household responsibilities.
These and other options available to employers and unions allow them to provide a family-friendly work environment at little cost and inconvenience as well as to provide employees with a flexible schedule to meet the demands of their families.
Guaranteed Vacation Time During the Summer
Most employees in Canada prefer to take their vacations during the peak summer season. This is particularly true of working parents with school-aged children, who may wish to spend their vacations with their family.
Some agreements may explicitly recognize the summer season as the normal period of vacation, while allowing employees to schedule their vacations at other times. The purpose of such a clause would be to help guarantee employees a vacation during the summer. The employer may find this beneficial in helping to plan the recruitment of seasonal replacement workers for the summer months.
| (10349) | The period between May 15 and October 15 of each year shall be considered the normal vacation period. However, employees may take their vacation outside this period after agreement with the employer, who may not refuse without valid reason. [translation] |
However, for operational reasons, it may not always be possible to offer all employees a vacation at the time they would prefer. The following clause ensures that an employee who was unable to take a summer vacation has priority the following summer.
| (06756) | Where the operational requirements of the service are such that an employee is not permitted to take his/her vacation leave during the months of June to September inclusive in one fiscal year, special consideration will be given to his/her vacation leave during the months of June to September in the next fiscal year. |
Employees may also be guaranteed a summer vacation where an employer agrees to shut down its operations for a period of time. Although this ensures all employees will have a vacation during the summer, it may restrict the timing of these vacations to the shutdown period. Although this may be relatively costly in terms of reduced production, employers may prefer such a solution to simplify the administration of their employees’ vacation scheduling.
| (08501) | CAMI is committed to scheduling a two (2) week plant shut-down during the months of July and/or August. During the Summer Vacation Shutdown the shift rotation schedule will be suspended for the scheduled shutdown period. CAMI will advise by January 15 the tentative shutdown dates, confirmed on or before March 14 of the calendar year.
Production employees may be required to schedule all or part of their vacation to coincide with such shut-down. |
Split Vacation Time
A number of collective agreements allow employees to split their vacation time into one-week blocks. Some agreements go further by providing the option of taking vacations in one-day increments, and sometimes even less. This gives employees more flexibility in using their days off to deal with family business or to respond to personal situations. It may also serve to reduce their weekly working time, by allowing them to schedule their vacations to benefit from a series of long weekends.
Management may also find it preferable, at times, that key employees take shorter - albeit more numerous - vacations rather than remaining off work for many weeks, especially if they cannot be replaced by temporary workers.
The right to split vacation time is often subject to management approval and may be constrained by operational requirements.
The following clause allows employees to split their vacation time into blocks of one week.
| (04507) | An employee may take his or her vacation time consecutively or may split it, if he or she is entitled to two (2) or more weeks of vacation. (...) For the purposes of applying the provisions of this paragraph, an employee who splits his or her vacation time shall take his or her vacation in block(s) of one week. [translation] |
The provisions below allow employees to take their vacations in less than one-week blocks, although some conditions may apply.
| (06471) | (a) All employees are entitled to split their annual vacation entitlement into as many segments as they have weeks of entitlement in any year, providing that each segment shall consist of one or more full weeks.
(b) Notwithstanding the provisions of paragraph (a), by mutual consent of the Employer and an employee, the employee may be granted one or more segments of his annual vacation entitlement in blocks of less than one full week. |
| (05450) | After May 1st, requests for single day vacations which do not result in additional cost and/or interfere with operational requirements, shall be approved on a first served basis. |
| (04059) | Vacation leave shall only be granted in multiples of one-half (1/2) day. |
Spousal Co-ordination of Vacation
In order to help families spend their vacation time together, some unions and employers have negotiated clauses that allow married employees to take their vacation time together. However, the contract language may place some limits on this right, in order not to put other employees at a disadvantage.
One example of such a clause is as follows:
| (10349) | When spouses work in the same establishment, they may take their annual leave at the same time; however, their annual leave period is the period for the spouse with the least seniority, provided that this does not affect the choice of the employees with more seniority. [translation] |
Additional Vacation Time
Most collective agreements include clauses pertaining to paid vacation. These usually include a scale, whereby longer vacations are granted to employees on the basis of their years of service. However, some agreements also include provisions for additional paid and unpaid vacations. This may be done by means of unpaid vacation extensions, supplemental vacation allowances, long-service leaves and pre-retirement vacations.
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Box 3.4 Labour Legislation Regarding Annual Vacations All jurisdictions in Canada include minimum standards with respect to vacations in their labour legislation. In every case, the minimum length of annual vacations is two weeks, at 4% of wages, after one year of continuous employment, with the exception of Saskatchewan where the minimum is three weeks. Quebec and New Brunswick allow employees with less than a year of service to accumulate one day of vacation per month worked in the reference year (up to two weeks). Employees in Quebec having worked for a complete reference year can also apply for additional unpaid leave of up to one week to extend their vacation. In many cases, an additional week of paid vacation must be granted to employees after they have reached a specified length of service: after 5 consecutive years of employment in Alberta, British Columbia, Manitoba, Quebec, the Northwest Territories and Nunavut; 6 years in the federal jurisdiction; 15 years in Newfoundland. Saskatchewan workers are allowed four weeks of annual holidays after completion of ten years of employment. Vacations must be given to employees not later than 4 months (New Brunswick, P.E.I.), 10 months (federal jurisdiction, Manitoba, Newfoundland, Nova Scotia, Ontario, Yukon, Northwest Territories, Nunavut) or 12 months (Alberta, British Columbia, Quebec, Saskatchewan) after the date of entitlement. Legislation normally stipulates that, in the absence of mutual agreement, an employer can decide the date of employees’ vacations, provided advance notice is given1. Some jurisdictions also require employers to offer annual vacations in one unbroken period (Alberta, Nova Scotia, P.E.I., Saskatchewan) or in periods of at least one week (British Columbia, Manitoba, Newfoundland, Ontario, Quebec). However, employees, at their request, may take their vacations in two or more periods, with the consent of their employers. This is recognized explicitly in the labour legislation of Alberta - which allows vacations to be taken in one-day increments - Quebec and Saskatchewan, although the latter requires vacations to be at least one week. Most jurisdictions provide for a one-day extension of vacations if a general holiday occurs within the vacation period2. |
Vacation extension
In certain cases, agreements entitle employees to a vacation extension, although this is usually unpaid and may be subject to a number of conditions, such as minimum length of service and operational requirements. Extended vacation time can help employees spend more time with members of their family, plan trips to foreign destinations, or simply use the additional time off to rest and recuperate. The actual length of the vacation extension can vary significantly from one clause to another.
| (10528) | Employees with three (3) or more years of service may be granted up to three (3) weeks leave of absence without pay and without loss of benefits, or seniority, on one occasion only, per year, on request. The request shall be in writing to the Immediate Supervisor. It is understood that on completion of this leave, the Employee shall return to the same department, unit or ward, position and salary level she occupied prior to taking such leave. Such leave may be taken consecutively with annual vacation. |
| (01000) | The Company will grant leave of absence up to a maximum of six (6) months without pay to employees for compassionate reasons or for educational or training or extended vacation purposes, conditional on the following terms: (...)
(f) That employees making application for leave of absence for "extended vacations" shall apply at least one (1) month in advance. (g) All earned vacations must be taken in conjunction with an "extended vacation leave". |
| (04089) | A) An employee who wishes to take a leave of absence without pay for personal reasons or for additional vacation shall submit a written request to that effect to his or her line supervisor, stating the reasons for the request.
B) If the request is denied, the employee may apply successively to the head of Human Resources for the region or the department [vice-présidence], to the director, Organizational Development and Staffing, and to the vice-president, Human Resources. If the employee’s reasons seem to justify the drawbacks of granting the request, these individuals may advise the manager to reconsider. [translation] |
The following clause provides up to one extra week of paid vacation or a cash bonus to reward an employee’s good attendance record in the previous calendar year; however, one day is to be deducted from the bonus vacation week for every day of absence during the year. While this additional time off can be appreciated by employees, it also serves, from an employer’s perspective, as an incentive to reduce the number of unscheduled absences, which tend to have a greater impact on operations. Since this bonus is made available to all employees, it may help generate more support for other workplace measures intended for workers with family responsibilities.
| (05033) | Full-time 12-month employees shall be entitled to choose either an additional 1 week vacation or a bonus equal to 1 week’s pay paid at the end of the calendar year if during the preceding calendar year such employee has not been absent due to leave of absence without pay for more than 5 consecutive working days requested by the employee or due to illness, disability or non-occupational accident. This entitlement will be reduced by 1 day for each day absent for the above-mentioned reasons during the preceding calendar year. 10-month and part-time employees shall be eligible for the pro-rated additional vacation entitlement based on time worked during the year. |
Supplemental vacation allowances
Supplemental vacation allowances (SVAs), also known as "scheduled paid absences," are provided for in some collective agreements, mainly in the automobile industry. These offer employees supplementary paid time off during the year, on top of their normal vacations and holidays. However, the scheduling of this paid time off is normally done at random, which may make it much less flexible than leave that is specifically designed to meet family obligations. The main purpose in bargaining SVA clauses for unions is to create or protect jobs through a general reduction in working time. But such provisions can also be understood from a "family-friendly" angle; this is evidenced, in part, by the inclusion of an additional provision concerning spousal co-ordination.
| (08501) | Employees having one (1) complete year of service as of each Supplemental Vacation Allowance (SVA) eligibility date listed below and have also performed work for the company in the SVA eligibility period will be eligible for forty (40) hours of SVA to be scheduled, at random, in the subsequent SVA period3. (...)
4. The SVA weeks will be randomly selected by a computer program. There will be no trading or switching of scheduled weeks by employees. 5. Spousal co-ordination requests will be accepted up to a specified date. There are no guarantees of co-ordination. |
Long service recognition
Additional paid vacation days may also be earned by employees in recognition of their long service once they attain a certain benchmark (e.g. on completing 25 years of service). Although this is not likely to be of use to parents of young children, it may be beneficial for older workers.
| (04498) | Where an employee has completed twenty-five (25) years of service there is added on that occasion only, five (5) days vacation credits. |
| (11957) | The Halifax Regional Municipality and the Halifax Civic Workers’ Union, Local 108 agree that all employees covered by this agreement who exceed thirty (30) years of service during the term of this collective agreement shall receive thirty-five (35) working days vacation in the year that they attain thirty (30) years service. |
| (04917) | Twenty (20) working day’s leave of absence with pay may be granted by the Board to employees of the School Division other than teachers and employees in the Administrative Salary Classes 1-10 and 11-20 after they have been in the continuous service of the Division for twenty-five (25) years or more subject to the following conditions:
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Pre-retirement vacation
Pre-retirement leave can help older employees make arrangements for their retirement and facilitate the work-to-retirement transition, by providing them with a "retirement rehearsal" before they leave their jobs permanently.
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As the chart above indicates, only a small minority of major collective agreements in Canada provide pre-retirement vacations. Furthermore, there was a gradual decline in the prevalence of such clauses in the decade spanning the years 1988 to 1998.
The following are some examples of contract language regarding pre-retirement leave.
| (04056) | (a) An indeterminate employee who has attained fifty (50) years of age and completed twenty (20) years of continuous employment or has attained sixty (60) years of age and completed five (5) years of continuous employment shall be entitled to a pre-retirement leave with pay of one (1) week in the fiscal year in which the employee becomes eligible therefor and in every fiscal year thereafter until the employee's retirement up to a maximum of six (6) weeks pre-retirement leave from the time of eligibility until the time of retirement.
(b) An employee may elect to take her fifth (5th) and sixth (6th) weeks of pre-retirement leave during the same year. (c) Pre-retirement leave with pay shall be scheduled in one (1) week blocks separate from the scheduling of vacation leave at a time to be determined by the Corporation taking into consideration the employee's wishes, seniority and operational requirements. (d) There shall be no payment made to or on behalf of any employee in lieu of unused pre-retirement leave. (e) No employee shall be required or authorized to work during her pre-retirement leave. (f) In the event of termination of employment, including retirement, for reason other than death or lay-off, the Corporation shall recover from any monies owed the employee an amount equivalent to unearned pre-retirement leave taken by the employee after the beginning of the fiscal year and prior to her birthday or anniversary date, whichever is later, as calculated from the classification described in her letter of appointment on the date of termination of her employment. |
| (03108) | An employee scheduled to retire and receive a superannuation allowance under the Pension (Public Service) Act, or who has reached mandatory retirement age shall be entitled to:
1. a special leave at his/her basic pay for a period equivalent to 50% of his/her accumulated sick leave credit, to be taken immediately prior to retirement; or 2. a special cash bonus of an amount equivalent to the cash value of 50% of his/her accumulated sick leave credit, to be paid immediately prior to retirement and based upon his/her current basic pay; |
Rescheduling in Case of Conflict
In most collective agreements, there are clauses that allow the employees' holidays to be displaced in the event that they become sick, a family member dies, or they qualify for other types of leave. It is a recognition that vacation time should be enjoyed by employees to relax, travel, engage in other activities and spend time with their families.
| (06756) | Where in respect of any period of vacation leave, an employee:
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In the following clauses there are penalties imposed on employers if they opt to recall an employee from his or her vacation. This serves as a disincentive for employers, while affording employees additional compensation.
| (10528) | 13.11 An Employee called back from her annual vacation leave shall be paid at the rate of two time (2X) her regular rate of pay for all hours so worked. Vacation days so worked shall be rescheduled.
18.05 When during any period of vacation leave, an employee is recalled to duty, he/she shall be reimbursed for reasonable expenses that he/she incurs. |
Floating Holidays
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Box 3.5 Legislative Provisions Regarding Statutory Holidays All jurisdictions in Canada provide for a number of statutory holidays each year, including New Year’s Day, Good Friday (or Easter Monday), Canada Day, Labour Day and Christmas Day. Victoria (or Dollard des Ormeaux) Day, Thanksgiving Day, Remembrance Day and Boxing Day are also recognized as holidays in a number of jurisdictions, not to mention special holidays which are specific to individual provinces and territories, such as the Alberta Family Day, British Columbia Day, New Brunswick Day, Saskatchewan Day, St. Jean Baptiste Day (Quebec), Discovery Day (Yukon) and the 1st Monday of August (NWT, Nunavut). In total, Newfoundland and P.E.I. legislation provide for 5 statutory holidays; New Brunswick and Nova Scotia, 6; Manitoba, Ontario and Quebec, 8. All other jurisdictions, including the three territories, have 9 statutory holidays. To be eligible for a paid holiday, employees must ordinarily meet certain requirements, such as working a minimum number of hours or days in a given period prior to the holiday. Statutory holidays can be postponed in most jurisdictions when they fall on a non-working day, to be taken the next working day, as an addition to an employee’s vacation or at a time agreed upon by the employee and employer. In a majority of jurisdictions (federal, British Columbia, Manitoba, Nova Scotia, Saskatchewan, Northwest Territories, Nunavut and Yukon), an employer and a union, or a majority of employees in the absence of a union, can agree to substitute another day off for a statutory holiday4. |
Including personal "floating" holidays in an agreement allows an employee to use these days for events that they deem to be important, such as birthdays, anniversaries or other ceremonies. They may also be used in case of a family emergency. The scheduling of the holiday is often at the mutual agreement of the employee and the employer. It should be noted, however, that floating holidays are not always that flexible; a single day may be set for the whole workforce by management after consulting the union, but this may not reflect the personal preference of all employees.
| (10031) | Every employee shall be entitled to the following guaranteed paid general holidays and/or floating holidays each calendar year: (...)
Two (2) additional floating holidays[translation] |
| (10512) | In addition to the foregoing named holidays, full-time employees who are in the employ of the Employer on January 15th, shall be granted an additional holiday as a "Floater" holiday until an additional named holiday is proclaimed (...) at which time the Floater holiday will be replaced by the new named holiday (...). The floating holiday will be scheduled by mutual agreement between the Employer and employee. If the holiday is not taken by the last day of December in any given year, it shall be paid out. |
Special Family Day
The labour legislation in Alberta provides families a holiday to spend together.
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Box 3.6 General Holiday: Alberta Family Day The province of Alberta, in its Employment Standards Code, has designated the Alberta Family Day as a general (statutory) holiday. Every third Monday of February, qualified employees are entitled to a paid day off to "honour their families." To be eligible for general holiday pay, employees must have worked 30 days for their employer in the preceding 12 months; must have worked their last scheduled work day before and first scheduled work day after the holiday (unless consent is given from the employer to take either shift off); and must work on the general holiday if asked to. Employees working during the general holiday, when it is their normal work day, must be paid an amount equal to 1.5 times their wage rate for each hour worked in addition to their regular wages, or be offered a paid day off to be taken at a later time. |
A number of collective agreements in Alberta explicitly mention the Alberta Family Day as part of the list of statutory holidays available to employees. This merely reflects legislative requirements.
| (09656) | Employees shall be entitled to the following recognized holidays with Pay:
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| (08577) | (a) Subject to clause 18.03, employees will receive a Day off with pay for each of the following holidays:
New Year’s Day (b) If the Legislature of the Province of Alberta removes the designation of Alberta Family Day as a statutory holiday during the currency of this agreement, then Alberta Family Day will be removed from the list of holidays in subclause (a). |
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1 This minimum notice period is one week in New Brunswick and Nova Scotia; two weeks in the federal jurisdiction, Alberta, Newfoundland, P.E.I. and Manitoba (15 days in the latter case); and four weeks in Quebec and Saskatchewan. The Ontario Employment Standards Act simply states that the employer shall determine the period when an employee may take vacation, without mentioning a period of notice. resume
2 Information provided by Labour Law Analysis, HRDC-Labour. resume
3 There are two SVA periods per year. resume
4 Information provided by Labour Law Analysis, HRDC-Labour. resume