Update on annual leave requirements

May 20, 2020

With summer approaching and physical distancing requirements and travel restrictions still in place in many areas across the country, we at ACFO-ACAF know that many CT members will have questions regarding annual leave, specifically if the employer can require employees to use their annual leave or impose a leave schedule.

The collective agreements covering CT-EAVs, CT-FINs and CT-IAUS all allow the employer to determine when an employee will take vacation. However, they also require that every reasonable effort be made to schedule the leave at the employee’s convenience.

Similarly, management can schedule or oblige an employee to take vacation during the year in which it is earned, but this discretion cannot be used unreasonably. The employer is also required to give as much notice as possible before imposing a vacation leave schedule. If an employee has previously submitted vacation leave for this year and it has been approved, the employer should make every reasonable effort to honour that commitment.

If you are being required to take all your annual leave or having leave imposed on you, especially if it is in a manner you believe to be unreasonable or that does not allow for sufficient notice, we encourage you to contact an ACFO-ACAF Labour Relations Advisor at labourrelations@acfo-acaf.com. We can review your specific circumstances, offer guidance and even contact your manager on your behalf if necessary.