No Christmas pay for employee with sick child

Employee took day off but had used up her vacation and emergency leave days
|Canadian Employment Law Today|Last Updated: 11/28/2012

This instalment of You Make the Call involves an employee who didn’t receive holiday pay over Christmas.

Cindy Moore worked for Siemens Milltronics Process Instruments (SMPI), a manufacturer of industrial instrumentation in Peterborough, Ont. The company’s collective agreement listed 13 holidays — including three “floater” days — for which employees would receive the day off with pay, as long as they worked “the regular scheduled work day immediately preceding and following the holiday or provided reasons satisfactory to the company.”

On Dec. 22, 2011, Moore’s disabled daughter was feeling sick at school. Later that night, it became evident she would have to stay home from school the next day.