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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Canadian employment law question... Not sure if any of you

Resolved Question:

Canadian employment law question...

Not sure if any of you are versed in Canadian employment law but I have a question about vacation. It appears that in most provinces employees are entitled to 2 weeks vacation after a year and the employer must provide this. My question is must the employer REQUIRE an employee to take the vacation? Is it the employers responsibility to force the employee to take vacation and if so what are the consequences for failing to do so. Thanks!
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

What province is this please?

The law varies from province to province on issues like this.
Customer: replied 1 year ago.

We are a consulting firm that has employees in a variety of provinces. They are payrolled in the province where they perform the work for the client (we are incorporated in BC). The main provinces with employees right now are BC, QC, ON, AB (with Quebec being the most important as of now).


 


Thanks so much for your help!

Expert:  Legal Ease replied 1 year ago.
There is no expert that can answer about all the provinces including Quebec.

I can check the answer for the other three.

Or I can message our Quebec expert to answer you about Quebec.

The law is different in Quebec so in Canada lawyers are permitted to deal with the law of all provinces but Quebec if the lawyer is licenced in any province aside from Quebec, or just in Quebec of the lawyer is licenced there.

I am fine with opting out and then sending a message to our Quebec expert if you like.
Customer: replied 1 year ago.

If you could answer for British Columbia first and foremost that would be great! I would also like to reach out to a Quebec expert, do I ask a new question or would you be able to forward the question along? Thank you again for your help.

Expert:  Legal Ease replied 1 year ago.
You have a subscription so it would make sense for you to post the same question again but in the subject line say this is about Quebec law.

In BC section 57 of the Act does require the employer to require the employee to take the vacation within 12 months of becoming entitled to it.

Let me know if you need any further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86271
Experience: Lawyer
Legal Ease and 3 other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you,


 


That is what I have come across but just wanted to make sure. I just want to clarify, if for example the employee is told they have to take vacation, they never take vacation and as the employer we do not schedule anything for them. Do you what kind of penalty action could be brought on us for not requiring it?


 


And I will post for Quebec specific information, thank you.

Expert:  Legal Ease replied 1 year ago.
I believe you can be fined.

I don't know for sure. But it's clear you have to insist they take the vacation within 12 months of entitlement so you can say if they don't then the last two weeks of that year are automatically their holidays.

You can call one of the offices here and ask:

https://www.labour.gov.bc.ca/esb/contact/welcome.htm
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86271
Experience: Lawyer
Legal Ease and 3 other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

Perfect thank you so much, and is this generally the rule for other provinces (aside from Quebec)? And I assume I can contact their similar offices as well?


 


Thanks again for your help!

Expert:  Legal Ease replied 1 year ago.
Yes you can for sure contact all their offices.

I don't know if that's the law for all the other provinces.

I would have to check.

I can do that of course.

But if you would like me to do so, so that I can get paid for each answer please post a new question and then you can put my name into the subject line.

And please remember to rate this posts answers as well.

Thanks!
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86271
Experience: Lawyer
Legal Ease and 3 other Canada Law Specialists are ready to help you

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