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Must Terminated Employee Take Vacation During Notice Period?

SITUATION
Upon learning that his position will be eliminated in a year, Alberta school district employee Sean de Doer opts to work through the notice period at his regular pay. His plan is to work through the year and cash out his 35 accrued vacation days at the end of the year. But district policy bans employees from banking more than 30 vacation days. Sean decides not to use his vacation days and demands reimbursement for all 35 days when his employment ends.

Note: While BC, MB, NL, NS, NT, NU, ON and SK ban employers from requiring vacation time to be taken during a termination notice period or using vacation time to calculate the notice period, Alberta is one of six jurisdictions that doesn’t address this issue in its employment standards laws.
QUESTION
Is Sean entitled to pay for all 35 of his accrued vacation days?
A. Yes because the district’s use-it-or-lose it policy violates the ban on requiring vacation time to be taken during the notice period.

B. Yes because notice in li...

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