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Beware of Pitfalls When Employees “Waive” Vacation Time

It’s fairly common for an employee to sit down with a supervisor or company official and negotiate over when the employee will take vacation. The idea of waiving vacation for additional pay often arises in the course of these discussions. But what many employers don’t realize is that the agreements that emerge from such negotiations—and perhaps even the negotiations themselves—may be a violation of employment standards laws.
The Legal Risks of Waived Vacation Time
Some employee rights can be negotiated away. For example, some provinces allow employees to give up their right to receive overtime under certain conditions, such as under the terms of an averaging agreement. But other rights are completely non-negotiable, e.g., the right to be free from discrimination.

Where do the rights to minimum vacation receive? The answer varies depending on the province. Most provinces require employers to ensure that their employees take all of the vacation time allotted to them. This would seem to ...

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