70. The annual leave must be taken within 12 months following the end of the reference year, except where a collective agreement or a decree allows it to be deferred until the following year.
Notwithstanding the first paragraph, the employer may, at the request of the employee, allow the annual leave to be taken, in whole or in part, during the reference year.
In addition, if at the end of the 12 months following the end of a reference year, the employee is absent owing to sickness, an organ or tissue donation for transplant, an accident or a criminal offence or is absent or on leave for family or parental matters, the employer may, at the request of the employee, defer the annual leave to the following year. If the annual leave is not so deferred, the employer must pay the indemnity for the annual leave to which the employee is entitled.
Similarly, if the employee is a reservist of the Canadian Forces and at the end of the 12 months following the end of a reference year, the employee is absent for one of the reasons set out in section 81.17.1, the employer may either defer the annual leave until the following year or pay the indemnity for that leave.
Notwithstanding any contrary clause of a collective agreement, decree or contract, any period of salary insurance, sickness insurance or disability insurance interrupted by a leave taken in accordance with the first paragraph is continued, where applicable, after the leave, as if it had never been interrupted.
1979, c. 45, s. 70; 1980, c. 5, s. 4; 2002, c. 80, s. 22; 2007, c. 36, s. 2; 2008, c. 30, s. 2; 2010, c. 38, s. 4.