Tag archives: vacation

How to manage vacation when there is nowhere to go

Vacation may not be top of mind for employees in Ontario right now: March Break is postponed, public health officials continue to advise against non-essential travel, and the Government of Canada imposed greater international travel restrictions. But even though employees may want to save their time off for warmer weather and, hopefully, an improved public health situation, employers in Ontario must nonetheless ensure that employees are taking at least the minimum annual vacation time prescribed under the Employment Standards Act, 2000 (the ESA).

How many weeks of vacation are employees entitled to under the ESA?

An employee who has … Continue Reading

Everyone Needs a Break Sometimes: Employer Rights and Obligations around Employee Vacation in British Columbia

The COVID-19 pandemic has put much on hold, including many vacation plans. As travel remains restricted, some employees may be interested in postponing vacation until greater and safer options become available. However, employers that are continuing to experience slowed operations may prefer for employees to use up their vacation entitlement sooner rather than later. For this reason, as the end of summer nears, a number of employers may well be seeking clarification as to what rights and obligations they have with respect to employee vacation.

Employer obligations regarding employee vacation

Under the British Columbia Employment Standards Act (“ESA”), … Continue Reading

US: California court addresses legality of unlimited or uncapped vacation policies

Recently, in McPherson v. EF Intercultural Foundation, Inc., the California Court of Appeals addressed the legality of unlimited or uncapped vacation policies under California law. Three exempt employees sued the company for payment of unused vacation time at termination, despite being subject to an unlimited paid time off policy, because they argued the policy was neither unlimited in policy nor practice. The court agreed. Fortunately for California employers, the decision sets forth guidelines for employers to properly implement such policies and avoid liability.  For more information, see our legal update, California court finds employer liable under unlimited vacation policyContinue Reading

Employees’ rights to holiday in Venezuela

Venezuelan labor rights may not be waived by the parties, that is, they are rules of public policy and the Labor Law’s provisions must be applied even over the will of the parties. In addition, the principles of favor, non-waivability, intangibility and progressiveness of labor rights are a warranty to prevent a retreat in achieved workers’ rights.

In this sense, such principles in one way or another limit the will of the parties in an employment relationship, which is why, if a worker voluntarily abstains from accepting the warranties that the labor legislation grants her/him, such wish will be deemed … Continue Reading

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