Vacation time in British Columbia: Employee rights

What is vacation time in British Columbia?

Vacation time in B.C. is the period employees can take off work each year for vacation. Employees build up, or “accrue,” this time off as they work over the course of the year.

Even if a worker chooses not to take this time off, employers must still give them vacation pay. This rule makes sure that all workers get paid extra for their hard work throughout the year.

Vacation time is covered by B.C.’s Employment Standards Act (ESA).

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What is the difference between vacation time and vacation pay?

Vacation time and vacation pay are related but distinct concepts in British Columbia:

• Vacation Time: Employees earn vacation time with each hour worked. It is the time off that employees are entitled to take, and it accumulates over time based on the length of their employment and the hours they’ve worked.
• Vacation Pay: Vacation pay is the amount of money employees in B.C. receive while they are on vacation, and it’s a percentage of the wages earned by the employee during the “vacation entitlement year.”

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How much vacation time are employees entitled to?

Non-unionized Employees in B.C. are entitled to vacation time based on the duration of their employment with the same employer:

• 1 to 4 years: At least 2 weeks of vacation time annually.
• 5 years or more: At least 3 weeks of vacation time each year.

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Can you negotiate with your employer for more vacation time?

Yes, employees in B.C. can negotiate for more vacation time with their employers. While there are minimum vacation time requirements set by law, employers and employees can agree to terms that are more favourable than the minimum legal requirements.

An agreement on the number of vacation days you are entitled to each year may be included in your employment contract.

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Calculating vacation time in B.C.

In British Columbia, vacation time is accrued based on the employee’s work in the previous year. Here’s how it works:

• Start Date: Vacation time calculation typically begins from the employee’s start date. This 12-month period is known as the vacation entitlement year, during which employees accumulate their vacation time.
• Accrual Basis: The vacation entitlement for a given year is based on the work performed in the preceding year. In simpler terms, the vacation you take this year is earned based on last year’s work.
• First Year of Employment: Employers are not obligated to provide two weeks of vacation within an employee’s first year of employment. The entitlement to vacation arises after completing 12 months of work. However, many employers allow employees to take vacation on a pro-rated basis during their first year, meaning they can take vacation time based on the portion of the year they have worked.
• Alternative Calculation Date: Employers may choose a different date, such as the start of the calendar year, for calculating annual vacation entitlement. This is allowed as long as it doesn’t result in a reduction of the employee’s vacation or vacation pay entitlement.

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When can I use vacation time in B.C.?

Employees can use vacation time after it has been earned, usually after completing a 12-month vacation entitlement year. The specific timing for taking vacation can be mutually agreed upon by the employer and employee, considering business operations and employee preferences.

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Can employees choose when to take vacation in B.C.?

No, employees in B.C. can’t take vacation time whenever they want. Employers have the final say on when employees can take their vacation, but they should be reasonable when handling vacation requests. Employment contracts or the company’s vacation policy usually provide guidelines, which may include requirements like giving advance notice before taking vacation.

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Can my employer refuse my vacation request?

Yes, your employer can refuse your vacation request. Employers in B.C. have the right to schedule vacation time based on business needs. For instance, many companies have policies that restrict vacations during peak periods, such as the holiday season.

While an employer can refuse a specific vacation request, they must ensure that you take your vacation time within 12 months after the end of the vacation entitlement year.

How to get your preferred time off

Your safest bet to make sure you get your preferred time off is to do the following:

• Follow your employer’s procedures around requesting vacation time
• Give your employer as much advance notice as possible of your intention to take a vacation
• Wait for your employer to approve your vacation before you start making plans.

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Can my employer cancel my vacation time if I have already made plans in B.C.?

No. Once you have made substantial plans based on approved vacation time, your employer can’t force you to cancel it. Employers are expected to act reasonably and in good faith. Although there may be circumstances where your employer requests the cancellation of your already planned vacation, they must do so reasonably and fairly, ensuring not to disrupt your plans without significant reason.

When your vacation has been approved and you have made arrangements based on that approval—such as booking flights or hotels—employers are generally expected to honor their commitment.

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Can my employer force me to use vacation days to cover work absences?

Yes, in B.C., your employer can make you use vacation days instead of unpaid time off work to cover your absences from work.

Employees can choose to use vacation days, sick days, or banked (unused) overtime instead of taking time off without pay.

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Can I carry over vacation time in B.C.?

Yes. In B.C., you can carry over (or roll over) any vacation time that your employer gives you beyond your statutory entitlement, if allowed by the company’s policies and your employment contract.

Statutory vacation time under the ESA, which can be 2 or 3 weeks, must be used within 12 months after the end of the vacation entitlement year and can’t be rolled over.

Be aware that some employers have ‘use it or lose it’ policies, meaning if you don’t use your vacation time within a specified period, you may forfeit it. It’s important to understand your employer’s policy on this matter.

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Can my employer ask me to work while on vacation?

No, your employer should not ask you to work during your vacation. Vacation time is legally designated for rest, and being asked to work could infringe upon your rights to undisturbed time off.

Work during your vacation should be an exception, reserved for emergencies or situations you’ve agreed to be available for crucial matters. Vacations are meant for recharging, free from work obligations.

For a smooth vacation experience, it’s vital for both employees and employers in B.C. to understand and respect the purpose of vacation time. A well-defined policy, ideally outlined in the employment contract, helps ensure vacation remains a true break from work.

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Vacation time and termination in B.C.

When you are terminated or lose your job in British Columbia, your employer is required to compensate you for any earned but unpaid vacation time. This payment should be made by would have been your next payday.

SEE ALSO:
• Fired for taking vacation: B.C. employee rights

However, that’s not all you may be owed. If you are fired “without cause” in B.C. (for reasons other than serious misconduct), you are eligible for a full severance package. Severance in B.C. can be as much as 24 months’ pay, and is calculated based on factors such as your age, position and length of employment. A wrongful dismissal occurs when your employer fails to offer you the proper amount of severance pay, which is a common issue in B.C.

Termination “for cause” means that you were dismissed due to serious misconduct or insubordination, and in such cases, your employer is not legally required to provide you with a severance package. However, it’s important to note that this type of termination is often misapplied by employers, meaning you may still be owed significant compensation.

Lost your job?

When you are fired, laid off or let go from your job, it is crucial to consult an experienced employment lawyer at Samfiru Tumarkin LLP before accepting any severance offer. signing your termination papers prematurely may cause you to forfeit essential rights, including proper severance pay and vacation pay.

Employers often impose deadlines to pressure employees into accepting insufficient severance packages. However, your legal right to a complete severance package isn’t bound by these arbitrary deadlines. You have up to two years from the termination date to claim your full severance.

At Samfiru Tumarkin LLP, our skilled team of employment lawyers consistently deliver proven results for countless clients across B.C. We work diligently to protect your rights and provide necessary guidance through employment-related issues.

If you are a non-unionized employee in B.C. (or Alberta and Ontario) facing job loss or workplace challenges, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.