Personal Leave – Federal – Canada Labour Code

[Conner Lantz]

#79469

Hello,
Under the CLC, employees are entitled to 5 days personal leave (first 3 days are paid once employee has completed 3 months of service). Once an employee earns all 5 days ( 3 paid + 2 unpaid), do they have to use up the paid days first or can the employee decide to use the unpaid days first or is this decision left up to the employer? Also, is taking a paid personal day considered time worked for the purpose of calculating overtime

[Conner Lantz]

#79470

To answer the first question, the decision is up to the employer and the policy of the employer, not ad hoc.
The second question, no, a personal day is not considered time worked for the purpose of calculating overtime, but could be treated as time in lieu for the sake of payroll adjustments. For example, if an employee took Tuesday as a paid personal day, but then picked up a shift on Saturday, that employee would need to be given back the personal day, or fraction thereof, for their bank.

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