I've heard of a few places where they have unlimited vacation and a *minimum* amount of vacation that you *must* take every year....
This reminds me of a claim in a government publication that I read some time ago. The publication in question, which is titled "
Vacations and Vacation Pay", claims at page 4 that, in the province of Alberta, "employees must take the vacation time to which they are entitled" (internal comma omitted). I thought this was a very interesting claim. The same publication explicitly states that "[t]he Government of Alberta will not be responsible for any loss or damage arising from your reliance on this information", but a review of the relevant statute reveals that the claim has some possible merit.
In Alberta, an employee is "entitled to an annual vacation of at least (a) 2 weeks after each of the first 4 years of employment, and (b) 3 weeks after 5 consecutive years of employment and each year of employment after that", subject to certain exceptions that will not be discussed here. Employment Standards Code, RSA 2000, c E-9 ("AESC"), § 34. "Employers must give employees their annual vacation in one unbroken period no later than 12 months after an employee becomes entitled to it". AESC § 37(1). This is subject to the fact that "[
i]f an employee so requests in writing, the employer may provide the vacation in two or more periods, so long as each vacation period is at least one day long.". AESC § 37(2). If the employer and employee cannot decide when the vacation should be taken, then the employer "must" decide on the date (within a year after the entitlement to the vacation was earned) and "the employee must take the vacation at that time". AESC § 38.
There is nothing here that contemplates an employee
not taking a vacation within a year after it was earned. However, people are frequently allowed to waive statutory rights in other contexts, which brings us to the final piece of the puzzle, which is that the statute provides that "[a]n agreement that this Act or a provision of it does not apply ... is against public policy and void". AESC § 4. Given that the statute says that employers "must" give a vacation and that if a date for the vacation cannot be agreed upon, the employer "must" propose a date and the employee "must take the vacation at that time", an agreement not to take a vacation might be void under AESC § 4. This does seem a bit strange though.