Without knowing your company’s PTO policy and where you are located, I will be going off of the Canada Labour Code rules for vacation days. Since this employee has been with the company for over a year, they are legally allowed 2 weeks of vacation days (14 days). However, you say that the manager of the company only wants to approve 8 accrued days – indicating the employee has already used some of their vacation days. You can learn more about the minimum and maximum amount of vacation days an employee is allowed to take here.

I think the details for this specific situation are a bit lacking and it would be best to speak with the employee one-on-one. However, you are fully within your rights to deny vacation time that goes beyond the allowance set up for this employee – which currently stands at 8 days. I would recommend suggesting that the employee take the 8 days to visit their family and work remotely for the remainder of the 12 days, if that is possible within your company. Or, they can submit a separate request for manager-approved leave for the remaining 12 days.

If you are considering terminating this employee because of the potential threat of them not showing up for work, you are also within your rights to do that (within certain circumstances). If the manager approves a request for 8 vacation days and they take 20, you can terminate that employee for not showing up to work. However, if they use their 8 vacation days and end up being sick for 12 days, resulting in unpaid time off, you cannot terminate the employee. You can request a doctor’s note, as the timing would be quite suspicious. Unfortunately, your employee can deny your request for a doctor’s note if they find your request to be unreasonable.

To keep a complex situation short, communication is key. Make sure to reinstate your company’s PTO and vacation day policy to the employee, make them aware of the time that they have left to take off, and do not approve their request for 20 days of vacation. Be understanding of their situation and try to come to an agreement with them, whether it involves doing work remotely, only taking 8 days to visit their family, or suggesting that they take a leave of absence if such a large amount of time off is absolutely necessary. If your employee finds the rejection of their vacation time request upsetting and refuses to find a compromise that works for everyone, you can consider terminating that employee for excessive absenteeism.

Hopefully your situation does not come to that and you are able to find common ground. You can learn more about vacation time pay and compliance here, along with termination rights of employers below.

If you choose to go down the path of termination, ensure you follow these steps:
1. Review employment contracts and company policies: Check the terms of the employment contracts to understand the conditions under which termination can occur. Also, review your company’s policies on employee termination to ensure you are following the proper procedures.
2. Communicate with the employee: If an employee has not worked for days when they should have been working, it’s essential to reach out to them and attempt to understand the reason for their extended absence. There could be legitimate reasons, such as medical issues or another form of approved leave, which may not be immediately apparent.
3. Investigate and document: Conduct an investigation into the employee’s absence and document your findings. This may include reviewing attendance records, medical documentation (if applicable), and any communications with the employee about their absence.
4. Consult with HR and legal: Involve your human resources department and legal counsel to ensure that you are complying with all applicable labor laws and regulations. Termination decisions must be made in accordance with local laws to avoid potential legal issues.
5. Consider alternatives: Before proceeding with termination, consider other options, such as offering a voluntary separation package.
6. Follow proper termination procedures: If termination is the appropriate course of action, ensure you follow the established termination procedures, which typically include providing written notice to the employee and handling their final paycheck and any outstanding benefits.
7. Conduct exit interview: Offer an exit interview to the employee to provide them with an opportunity to share feedback and discuss the termination process.
8. Address the team: Communicate the termination with the rest of the team in a sensitive and respectful manner to avoid any negative impact on employee morale.

Best of luck and thank you for your question!

-HR Insider Staff

This letter is within your rights as an employer – vacation requests do not have an accommodation requirement by law.