As an employment lawyer, I see a troubling pattern: even when employees have earned their paid time off (PTO), many don’t feel they can truly take it.
As shared in a recent article, surveys consistently show that a significant number of Canadian workers are anxious about stepping away from work, even for a week or two. The fear isn’t about missing out on office gossip, it’s about negative repercussions: being seen as “less committed,” falling behind on deadlines, or returning to a mountain of tasks that make the “time away” feel pointless.
This is more than just workplace culture gone wrong, it’s a legal and organizational issue that needs addressing.
The Legal Side of PTO
In Canada, employment standards legislation guarantees a minimum amount of vacation time, depending on your province and length of service. In addition to paying vacation pay, Employers are legally required to ensure you take that time.
But here’s the catch: while the law says you must get the time, it doesn’t automatically guarantee you the ability to disconnect. Some workplaces expect employees to check in, respond to emails, or be “available” while away. This undermines the very purpose of PTO, which is to allow the employee time off to rest and recharge.
When the expectation to always “be available” becomes a condition of keeping your job or advancing in your career, we move into potentially unlawful territory. That’s where legal advice becomes critical.
Why “Right to Disconnect” Laws Matter
In 2022, Ontario made the headlines with its new “right to disconnect” legislation, which required certain employers to have a written policy outlining expectations for after-hours work. While it’s far from perfect, and doesn’t outright ban after-hours communication, it’s a step toward recognizing that constant availability is unsustainable.In my practice, I’ve seen employees experience burnout not because they didn’t take vacation, but because while on vacation they had one hand on their phone and an eye on their inbox. That’s not rest — that’s unpaid, on-call work.
For Employers: Clarity is Key
If you’re an employer, you need to do more than meet the bare minimum of the law. You should have a clear, enforceable vacation and disconnect policy, communicate it to your team, and respect it in practice. If you expect employees to be reachable while away, that expectation should be explicit and compensated.
For Employees: Know Your Rights
If your boss pressures you to be “available” on vacation or penalizes you for taking your earned time, that could be a violation of your rights.
You earned your vacation. You have the right to take it and enjoy it. If your employer isn’t letting you truly disconnect, it’s time to have a legal conversation.
Contact Kent Employment Law today to protect your time, your pay, and your peace of mind.
