There have been a number of questions put forward by members with respect to their vacation cut short by the federal advisory to return home, vacation booked for the coming weeks that members wish to cancel, and the possibility of the Employer cancelling approved vacation.
What we know:
Some members have requested to cancel and defer their approved vacations to a later time- outside the period of the Covid-19 pandemic. The Employer has indicated that the intention is to continue to deal with each request received, on a case by case basis.
HSAS has continued and will continue to advocate on behalf of HSAS members, drawing attention to the unreasonableness of managers forcing members to take their approved vacations during the Covid-19 pandemic.
From our perspective we would advise that you make your request, citing current circumstances and let us know if your request is denied at email@example.com.
Article 13.12 states that if your Employer has called you back from vacation to go to work, you would be paid at 2X your regular rate of pay. When the work is completed you can decide whether to reschedule the unused vacation at a mutually agreed to time in the future or to resume and complete the remainder of those scheduled vacation days.
Additionally, where your Employer has required you to cancel your vacation, you would get reimbursed for any unrecoverable expenses upon providing those receipts.
If you have concerns related to your vacation, please email firstname.lastname@example.org.
AS OF MARCH 22, 2020:
Questions pertaining to members’ vacations have been asked by all the healthcare unions at the daily meetings with the Ministry of Health and the SHA. The Employer does not have an answer as to how they intend to respond to members’ requests to defer their approved vacation to a later date, other than to say that it would be handled on a case by case basis; member by member.
From our perspective we would advise that you make your request, citing current circumstances and if your request is denied please contact us at email@example.com.
Article 13.12 says that if you are called back from vacation to go to work, you would be paid at 2X your regular rate of pay. When the work is completed you can decide whether to reschedule the unused vacation at a mutually agreed to time in the future or to resume and complete the remainder of those scheduled vacation days.
Where the Employer requires you to cancel your vacation, you would get reimbursed for any unrecoverable expenses upon providing those receipts.
Q: I have heard that some people might not get to take their vacation as planned or scheduled. Is this true?
A: The SHA has indicated to HSAS that due to COVID-19 related demand in the health system, the employer may need to cancel some scheduled vacations. If there is an increase in demand in the area or facility that you work in, management may approach you to discuss this.
Q: I had vacation booked for the end of December, but my manager told me I may have to cancel. What should I do?
A: Article 13.12 of the HSAS/SAHO Collective Agreement outlines that the Employer does have the ability to cancel your approved vacation. Where that happens, they would be required to reimburse you for any unrecoverable expenses you would have incurred, associated with the vacation. You would be expected to provide receipts.
The SHA leadership has stated that they would expect that cancelling of pre-approved vacation would only happen if circumstances were significant enough to warrant that action and not without a justifiable reason.
Should you be informed that your pre-approved vacation is being cancelled and have questions – please contact firstname.lastname@example.org.
Q: My manager has told us that some of us might have our vacations (approved in March!) cancelled. If we can’t take our vacations at all in the next few months, are we going to be able to carry them over?
A: That is a question that all unions have asked of the SHA leadership. We did not receive a response which outlined what the process would be if individuals were not able to take the required amount of vacation in this fiscal year, leading up to March 31, 2021.
Q: I’m hearing that because there isn’t enough staff, people might get their vacation cancelled and have to work. What happens if I’m already on vacation over Christmas? Can they call me back???
A: Yes, the Employer can call you back from vacation: Article 13.12. If that happens, the Employer must pay you at 2X your regular rate of pay for all hours worked. When you have completed the work you were called back for, you can decide to either complete the rest of your scheduled vacation or along with your Employer decide (mutually agree) when your unused vacation can be rescheduled.
If you have been called back from your scheduled vacation and have questions/concerns, please email email@example.com.