#BTColumn- Dear HR- Vacation rights of employees

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Question:

I was supposed to go on vacation for four weeks, then my boss asked me to only take two weeks and he would “pay” me for the other two weeks.
Can he do this?

Guidance on what should and should not happen regarding employee vacation can be found in the Holiday With Pay Act 2017-3.
This law gives all employees the right to enjoy paid time off from work to relax and to rest after working consistently with the same employer for specified periods of time. Annual holiday/vacation is an entitlement (a right).

Employee and Employer Rights

Your holiday should be given all at once. For example, if you are entitled to four weeks, all should be taken at once. However, an employee and their employer can agree to split the holiday period into two or more separate periods.

This means that while ideally you and your employer can agree on the dates for the holiday/ vacation period, the employer has the right to roster an employee’s holiday but must give the employee at least 14 days’ notice of when the holiday will start. Similarly, an employer may postpone an employee’s annual holiday but for no more than six months after the employee becomes entitled to it.

If an employer wishes to postpone an employee’s annual holiday longer than six months, then the employer must have written consent to do so from the Chief Labour Officer.

Other vacation arrangements

Where an employer refuses to grant an employee their annual holiday that employer is guilty of an offence and liable on summary conviction to a fine of $10, 000 or imprisonment for a term of one year or both.
In other words, they may have to pay a fine or could go to jail or both.

Further, an employer cannot contract or agree or make any arrangements regarding an employee’s annual holiday that is not in keeping with the Act.
Any arrangement made which is not in keeping with the Act will be considered null and void.

Paying employees instead of allowing them to take holiday is one of these arrangements or agreements that will be considered null and void.
The only payment you should receive from your employer for vacation not taken should be for accrued vacation (vacation days earned but not taken) which will be on leaving the company.

About Lifeline Labour Solutions Lifeline Labour Solutions is a boutique partnership providing labour management solutions to workplace challenges. Partners Carol-ann Jordan and Jacqueline Belgrave are established practitioners with a wealth of knowledge and experience in Employment Relations and Human Resource Management.