Rules governing employees’ vacation time in Québec

Rules governing employees’ vacation time in Québec

The legislation governing employees’ vacation time sets out several rules regarding how leave is scheduled, taken, and paid, as well as conditions for deferral.

The employer is responsible for determining employees’ vacation periods. However, they must inform each worker of their approved vacation dates at least four weeks in advance.

Before going on vacation, the employee must receive their vacation pay in a single payment, either before their departure or in the pay covering the relevant period. This vacation pay cannot be replaced by a compensatory payment, except in specific cases, such as when a collective agreement provides for it or when a business temporarily closes and an employee chooses to convert an extra vacation week into compensation.

In seasonal or intermittent sectors, such as tourism, agriculture, or fisheries, the employer may distribute vacation pay across each pay period.

Vacation carryover to the following year is only possible in special circumstances, including illness, accident, organ donation, domestic or family violence, serious bodily injury, or family or caregiving responsibilities. Even in these cases, the employer may refuse the carryover but must then pay out the vacation indemnity.

The law also regulates how vacation time can be split. A period of one week or less must be taken continuously. For vacations longer than one week, employees can generally split their leave into two periods, with employer approval required for any additional splitting. Some exceptions apply, particularly in workplaces that close during the summer vacation period.

Finally, employees may request additional unpaid leave. A worker entitled to two weeks of vacation may request a third week without pay, which must be granted by the employer but does not have to be taken consecutively. Employees entitled to three weeks or more may also request it, but the employer may refuse.