Vacation and annual leave: what your agreement can add to the Labour Standards Act

For many Quebecers, annual vacation is the moment of the year when you recover, reconnect with family, breathe. It's also the moment when the collective agreement turns into real money and real time off.

Here's how to decode what you're entitled to — beyond the statutory floor.

The floor: the ARLS

Quebec's Act respecting labour standards sets the following minimum (sections 67 to 76):

A few clarifications:

• The reference year runs May 1 to April 30 (unless otherwise specified).
• The indemnity is calculated on gross wages earned during the reference year, premiums included (excluding tips, with some exceptions).
• The leave must be taken within 12 months of the reference year, and the employer must set the date at least 4 weeks in advance.

That's the minimum. Your agreement can do much better.

What your agreement can provide

1. More weeks, sooner

The ARLS progression (2 weeks after 1 year, 3 after 5) is very conservative. Typical agreements provide:

• 3 weeks from the first year (sometimes pro-rated);
• 4 weeks after 5 to 10 years of seniority;
• 5 weeks after 15 to 20 years;
• 6 or 7 weeks for very long seniorities, sometimes with bonus days ("gift week" at 25 years, at 30 years).

2. A more generous indemnity

The ARLS provides 4 or 6 % of gross wages. Several agreements pay 8 %, 10 %, 12 % depending on seniority, or provide for a regular-rate calculation (vacation week paid as if you were at work), which is often more advantageous than a percentage.

3. A right to choose your weeks

The ARLS leaves the choice of date to the employer. Most agreements provide:

• a posting period during which employees choose by order of seniority;
• a priority rule in case of conflict (most senior chooses first);
• a continuity guarantee (e.g., you cannot be required to split your vacation into less than 2 weeks).

4. Carryover and conversion

The ARLS allows carryover (with employer consent) and payment of unused vacation at termination. Your agreement may provide:

• an automatic carryover of unused days (with or without cap);
• conversion to cash of part of vacation;
• specific rules for vacation lost due to sick leave or parental leave.

5. Vacation during leave

This is a crucial point: if you are on sick leave, disability, maternity/parental leave, your agreement can provide that vacation:

• continues to accrue (totally or partially);
• is carried over to your return;
• is paid on return if it can't be taken.

The ARLS doesn't cover all this — it's almost always the agreement that determines your rights in these situations.

Statutory holidays (often confused with vacation)

Not to be confused with annual vacation: statutory holidays are governed separately.

The ARLS (s. 60 et seq.) provides for 8 paid holidays in Quebec:

• January 1 (New Year's Day)
• Good Friday OR Easter Monday (employer's choice)
• Monday preceding May 25 (National Patriots' Day)
• June 24 (Quebec National Holiday — specific act)
• July 1 (Canada Day)
• First Monday in September (Labour Day)
• Second Monday in October (Thanksgiving)
• December 25 (Christmas)

Your agreement may add days (December 24, December 31, both Good Friday and Easter Monday, floating days, etc.) and set the compensation for a worked holiday (often 200 % + compensatory leave).

Social leaves

The other major category. The ARLS provides (s. 79.7 et seq.):

• 2 paid days per year for sickness or family obligations;
• 2 paid days on a death in the immediate family;
• Up to 26 unpaid weeks per year for illness or accident (with maintained employment relationship);
• Unpaid leaves for marriage, birth, adoption.

Your agreement can transform these minimums into:

• 5 to 12 paid days for sickness each year (cumulative bank or not);
• Paid leaves for marriage, birth, moving;
• Extended paid bereavement (5 to 7 days for immediate parent, 1 to 3 days for extended family member);
• Salary insurance plan taking over after a few days of absence.

Traps to avoid

1. Not asking on time

The posting period is generally strict. Missing the date means ending up with the weeks no one else chose.

2. Confusing "entitled to 4 weeks" and "4 weeks available"

You may be entitled to 4 weeks, but under your agreement you may only be able to take 3 continuous weeks or only during summer. Read the conditions.

3. Forgetting the reference year

Your 2026 vacation (to be taken in 2026-2027) is calculated on what you earned from May 1, 2025 to April 30, 2026. If you were on unpaid leave during part of that period, your indemnity will be smaller (unless the agreement provides otherwise).

4. Assuming holidays are paid

A holiday is paid only if you meet the conditions: have a certain number of seniority days, not be absent without reason the day before or after… Read the relevant article.

How to know what applies to you

Go to your agreement and look for articles:

• "Annual vacation" (the title varies: "annual leave," "vacation," "paid annual leave");
• "Statutory holidays";
• "Social leaves" or "Special leaves";
• "Sick leave";
• Any appendix on conversion or compensation of vacation.

Then ask yourself three concrete questions:

1. How many weeks am I entitled to this year given my seniority?
2. How and when should I request them to get my first choice?
3. What happens if I fall sick during my vacation, or if I have to interrupt?

If you can't answer from the text alone, this is exactly the kind of question Konvention was built for: ask the question in plain English on your agreement and get the answer with the exact article as reference.

The bottom line

Vacation isn't a favour from the employer. It's a right, paid, negotiated. And in a well-made collective agreement, this right is considerably more generous than what the law requires.

The reflex to develop: don't settle for what someone told you verbally. Go check the text. You'll often find there weeks, indemnities, protections that nobody explicitly mentioned to you.

They're yours. Use them.