Employee vacation cancelled by boss despite wedding: Employment lawyer on 640 Toronto

Interview Summary

A story regarding an employee’s cancelled vacation plans despite planning a wedding has led many employees to question their vacation and paid time off entitlements. In Ontario, can employers cancel an employee’s pre-approved vacation? Are there any legal consequences for the employer if this cancellation leads to financial losses?

Teilen Celentano, a Toronto employment lawyer and Associate at Samfiru Tumarkin LLP, joined John Oakley on 640 Toronto to discuss employee rights and employer obligations.

Interview Notes

• Employee rights to vacation: Celentano clarified that in Ontario employers have to act in good faith in scheduling vacation time for employees. “If the employer chose to cancel the vacation, this is considered bad faith.” A further termination of employment due to the employee continuing to take the vacation anyway would likely be a termination without cause.
• Employer’s ability to cancel vacation: “An employer would be able to do it but would not be able to rely on a termination for cause,” Celentano explained. Employers can terminate employees for any reason, as long as adequate severance is offered.
• Mandated paid time off for employees: Celentano explained that while there is no specific mandate for weddings, employees should still expect at least 2 weeks of paid vacation per year if employed for less than 5 years. “All Ontario employees get paid time off or vacation pay.”
• Employee’s decision considered job abandonment: A resignation must always be voluntary. “Quitting needs to be clear and unequivocal,” said Celentano. “They’d likely say she was terminated for cause due to absenteeism and we’d challenge it and say there was no cause.”
• Mental health day for employees: Employees hoping to take a sick day cannot do so without the support of a doctor’s note. “The rules surrounding sick days are specific to companies,” Celentano stated.
• No doctor’s note required for sick days: The dismissal of doctor’s notes for sick days pertains specifically to the unpaid sick days every employee is entitled to under the ESA. “If it’s an extended period of time employers are allowed to ask for supporting documentation but are not entitled to know what the diagnosis is,” Celentano explained.

Related Resources

For further insights and discussions related to vacation pay and employee rights, explore the following resources:

• Vacation pay in Ontario