Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)

Division of annual leave

The annual leave may be divided into two periods where so requested by the employee. However, the employer may refuse the request if he closes his establishment for a period equal to or greater than that of the employee’s annual leave.

Notwithstanding section 69, any employer who, before 29 March 1995, closed his establishment for the period of annual leave, may divide the annual leave of an employee referred to in that section into two periods, one being the closing period. One of those periods must, however, last for a minimum of two consecutive weeks.

The annual leave may also be divided into more that two periods where so requested by the employee, provided the employer consents thereto.

Exception

A leave not exceeding one week shall not be divided.

1979, c. 45, s. 71; 1982, c. 58, s. 57; 1990, c. 73, s. 24; 1995, c. 16, s. 2.

Interpretation

Unless the establishment is closed during the annual leave period, an employee can demand that his vacation be divided into two periods. If he wishes to divide it into more than two periods, he will have to obtain his employer’s consent.

An employer cannot impose a divided vacation on an employee except in the following case: if, before March 29, 1995, the employer already was in the habit of closing his establishment for the holiday period, he may then divide an employee’s annual leave into two periods. One of those two periods must correspond to the period during which the establishment closes and the other must be for a minimum length of two uninterrupted weeks.

Moreover, if the employee only has one week of annual leave or less, it may not be divided.