In our view, it would be challenging to force employees to take a vacation day or sick day
Typically, vacation is mutually agreed upon between the employer and employee. The employment laws in each province govern when an employer can unilaterally tell an employee when vacation will be taken. In Alberta, the Employment Standards Code states that with two weeks’ written notice the employer can set an employee’s vacation. Absent this notice, employers would be in contravention of the law and at risk of liability.
Another factor to consider is the implied legal obligation employers have in the employment relationship, namely the obligations of good faith and fair dealings. An employer who forces an employee to take vacation retroactively would likely be viewed as acting in bad faith. Furthermore, it is important to remember that the employment relationship is ongoing.
That being said, I suspect many remote employees were expected to be on standby for part, if not all, of the workday, and ready to work if and when internet services resumed. If that is the case, in Ontario this should be treated as paid work time, even if you were unable to perform work because of the outage.
A place of employment is not defined under the legislation. However, in the case of remote workers, the definition is arguably broad enough to capture your home office. In other words, if you were expected to be at your home office and ready to work once internet services resumed, this should be treated as an ordinary workday.with ‘Nine to Five’ in the subject line. Emails without the correct subject line may not be answered.
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