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Go Back   Job Forum Canada > Employment Discussions > Canadian Labour Legislation
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  #1  
Old 10-24-2009, 06:38 PM
mattbee mattbee is offline
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Join Date: Oct 2009
Location: Burnaby, BC
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Default Employer Refuses To Pay Holiday Pay

Hi Everyone,

I am looking for some feedback on an issue I have recently encountered with my employer. I am a permanent employee based on salary and have 2 weeks paid vacation per year.

Recently, I put in the request to utilize the 2 remaining days of my vacation for the year. My employer came back at me several weeks later stating that they would refuse to pay my remaining holiday based on the number of sick days I have taken this year. They told my I could take the time off but would not be paid.

This year(2009), I have taken 7 days off based on catching the flu twice, once in January and again in may, and I had a mountain bike accident that put me in ER for 2 days totaling 7 days missed in 2009.

Now, I didn't think that was excessive but they had expressed to me during this meeting that company policy states 2 days per year allowed sick days and they were willing to allow up to 5 but 7 was too much so I will not be paid my remaining 2 days vacation this year. This is a small recruiting company of about 10 people.

Can someone please let me know what exactly is the laws regarding this? I'm not to bothered by it but it definitely has me thinking what are the laws/regulations behind something like this??

If anyone is knowledgeable in this area, can you please reply, it would be great if you could. Thanks so much for reading.

-Matt
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  #2  
Old 10-27-2009, 05:23 PM
Tsveta Tsveta is offline
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You have to look into your contract. Every company is different. Some government employees can take up to 10 sick days per year... (I wish I had their benefits, but that is a different issue). So basically get you contract and look at how many sick days you are getting per year.
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  #3  
Old 07-26-2010, 03:58 PM
joinaunion joinaunion is offline
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Matt the answer is there not allowed heres what the law states bc labor standards act:
Other payments or benefits do not affect vacation rights
59 (1) An employer must not reduce an employee's annual vacation or vacation pay because the employee

(a) was paid a bonus or sick pay, or

(b) was previously given a longer annual vacation than the minimum required under section 57.

(2) Despite subsection (1) (b), an employer may reduce an employee's annual vacation or vacation pay because at the written request of the employee the employer allowed the employee to take an annual vacation in advance.

Just so you know for the future you are entitled to more vacation the longer you have been with the company.
Hope this helps.
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  #4  
Old 03-07-2011, 10:09 AM
Tsveta Tsveta is offline
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Quote:
Originally Posted by joinaunion View Post
Matt the answer is there not allowed heres what the law states bc labor standards act:
Thanks for you input. Every province has different regulations and so does every company...
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  #5  
Old 06-08-2011, 03:58 PM
joinaunion joinaunion is offline
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@Tsveta
The asker is from British Columbia that is why I posted bc labor code.
Just so you know even if the company has regulations/policies they do not supercede the law.
What made you assume that mattbee was under contract?
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