Vacation is part of working notice, says court

Vacation a normal part of work and therefore should be part of working notice, court of appeal rules
|Canadian Employment Law Today

An Alberta employee’s vacation time can be included as part of his notice of termination, the Alberta Court of Appeal has ruled.

Michael Deputat, an engineering technician who had worked for Edmonton’s public school board for 24 years, was given notice in May 2003 that his job would be eliminated one year later in May 2004. He decided to stay on the job and work for the one-year notice period.

At the time of his notice, Deputat had 47 days of vacation available and an additional 16 days of leave in lieu of overtime. Since the board had a policy that employees couldn’t store more than 30 days of unused holidays, he used those days during the year of his working notice, but accrued another 31 days of vacation and five days of lieu time, for which he was paid on his last paycheck.