[Haley O’Halloran]

in reply to: How can company respond to non-approved leave? #93030

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

[Haley O’Halloran]

in reply to: Illness and Injury (British Columbia) #92917

Hi there! Thank you for your question. Whether the employee is part-time or full-time, your company must provide them with up to 5 days of paid sick leave per year, and you must pay this employee their regular wages for those days. Employees are also entitled to 3 more days of sick leave, but those would be unpaid. Your employees are not entitled to any further compensation during sick days, and this includes a 15% in-lieu. Therefore, you only owe your employees a maximum of 5 paid days of sick leave – nothing else. In-lieu often refers to a certain percentage of payment given after providing a termination notice, so if these employees are sticking around, you shouldn’t worry about that.

Hope that helps!
-HR Insider Staff

[Haley O’Halloran]

in reply to: Restructuraion #92745

Since this employee is demoting to a team still involved in your organization, this process may be easier to navigate than you think. Your legal obligations in Quebec to manage the demotion of your team leader involve:
-Giving the demoted team leader a new opportunity to join a different team, which you have already done.
-Take steps to familiarize this employee with their new team to ensure their comfort during the demotion process.
-Communicate with the employee fully about their new role and responsibilities, along with creating a new contract that addresses these duties and any changes in compensation and benefits that should be addressed.
-Communicate with the team this employee is joining, introducing them to their colleague and letting them know what their responsibilities will be (and how they can assist in this transition). You can send a short message that communicates these points perfectly by using this template:
“[TEAM MEMBER] has been asked to fill a new role in the team. I am pleased that we are able to continue to benefit from their . . . (skills, experience, or knowledge). People and organizations experience change and we are no different. [TEAM MEMBER]’s new role will allow them to focus their time on __________ (highlight the key aspects of their new role).”

Even with a good and well-managed return to work plan, a demoted employee may struggle with adjusting to the new role. Over the first two to three weeks, it will be the small acts of positive reinforcement and support that can make all the difference. Encourage the demoted employee by indicating the opportunity to receive a promotion is possible in the future.

Identify the employee’s strengths and focus on applying and using the strengths during the first couple of weeks of transition. When possible and appropriate, provide positive, casual, and public acknowledgement of the demoted employee’s contributions. The better able your organization is to help the demoted employee relax, believe he/she is valued and get back to work, the more the entire team will benefit. Learn more about the specifics of navigating a workplace demotion in Quebec here. Thank you for your question!

-HR Insider Staff

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