SpringLaw
Summer is here, and the excitement is contagious. As the sun shines brighter and the days get longer, employees eagerly await their well-deserved vacation. For HR managers, summer means juggling employee vacation requests while keeping the business running smoothly. It’s a challenge, but with a bit of planning, you can ensure everyone gets their time in the sun. Let’s dive into employee legal entitlements to vacation, how to manage busy schedules fairly, track vacation accrual, and best practices to guarantee everyone gets some downtime.
First things first, let’s talk about the legalities. In Ontario, the Employment Standards Act (ESA) sets out the minimum vacation entitlements for employees. Employees are entitled to:
Ensure your policies comply with these minimum standards. The reality is most workplaces either allow people to accrue vacation from day 1 rather than waiting a year or simply offer up the weeks on day 1 with the assumption that people will use good judgment to stagger vacation over the first year of employment.
Many workplaces offer 3-4 weeks weeks rather than only the minimum 2 weeks. This is a business and talent retention decision and the number of weeks is ultimately in the employer’s discretion, provided minimum ESA standards are met.
Finally, keep in mind that vacation time and vacation pay are separate entitlements. Employees are always entitled to the minimum vacation time and to receive their vacation pay. This weirdly remains one of the more complex areas of the ESA when trying to figure out entitlements around leaves and terminations, but the secret is to separate out the concepts of “time” and “pay” when doing the assessment.
When summer rolls around, everyone wants to take time off. The key is to manage these requests in a fair and transparent manner. Here are a few strategies to select from:
Tracking vacation accrual can be a bit of a headache, but it’s crucial for smooth operations. Here are some best practices:
Even with the best systems in place, ensuring that all employees get some time off can be challenging. Here are some tips to make it happen:
Summer is a time for relaxation and rejuvenation, especially in our northern climate where there are so few warm weeks of outdoor weather. As HR managers, it’s your role to ensure that employees get the time off they deserve while keeping the business running smoothly. By understanding legal entitlements, managing schedules fairly, tracking vacation accurately, and ensuring everyone gets some downtime, you can create a workplace where everyone feels valued and refreshed.
Remember, a well-rested employee is a productive employee. So, put on your sun hat, grab a cold drink, and start planning those vacations. Happy summer!
By Lisa Stam
Employees can be dismissed for cause, and therefore without notice or severance, when their misconduct or performance is so egregious that the employment relationship has been irreparably harmed. In assessing this issue, employers must adopt a contextual approach, which considers not only the misconduct in question, but the entirety of the employment relationship.
Rudner Law, Employment / HR Law & Mediation
I’ve discussed the Privacy by Design principle before, in the Inside Internal Control newsletter. In case you don’t know, PbD is an approach developed by Dr. Ann Cavoukian, the Privacy Commissioner of Ontario, which proactively embeds privacy protection by default in the design of an organization’s practices and products.
Colin Braithwaite
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Marie-Yosie Saint-Cyr, LL.B. Managing Editor