Ask An Expert

Can an employer rescind unused vacation?

Expert: Howard Levitt

Dan asked:

Can an employer rescind unused vacation?

Howard Levitt answered:

No. If an employer has agreed to allow employees to accumulate vacation, they can change their policy and prevent further accumulation but they can't prevent employees from using the vacation that they have already permitted under a policy that permitted that accumulation.




About the author


Howard Levitt, Counsel to the national law firm Lang Michener. He is author of, The Law of Dismissal in Canada, The Quick Reference Guide to Employment Law and an upcoming book on Canadian Hiring Law. He is Editor In Chief of the Dismissal & Employmnet Law Digest.

Email: hlevitt@langmichener.ca
Phone: (416) 307-4059
Website Bio: http://www.langmichener.ca/index.cfm?fuseaction=people.personDetail&id=9659.

 
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