By Howard Levitt and Candice Malan
Much of what employees assume are summer ‘rights’ are, legally speaking, privileges — and entirely at the employer’s discretion
But before anyone starts booking remote workweeks in cottage country or planning half-day Fridays, it’s worth clarifying something that often gets lost in the sun-drenched world of wishful thinking: none of it is guaranteed.
In fact, much of what employees assume are summer “rights” are, legally speaking, privileges — entirely at the employer’s discretion.
Myth 1: Employers must allow remote work from the cottage
It may feel like the modern norm, but no law or policy mandates that employees are allowed to answer emails from a lakeside Adirondack chair. Unless your employment contract or a binding company policy explicitly states that you can work away from the office, the employer holds the cards.
That serene, dockside work setup? It’s not a right. It’s a perk — one that can be revoked as easily as it is granted. The flexibility to work remotely, especially from out-of-province or less secure locations, raises legitimate concerns around productivity, confidentiality and supervision.
Myth 2: Summer hours are a legal entitlement
The “summer Friday” has taken on an almost mythical status in some industries. It is treated like a seasonal right — leave early, finish the week on the golf course and call it your work culture. But unless summer hours are written into a collective agreement, contract or a formalized workplace policy, they are not enforceable.
Across Canada, employment standards legislation sets out minimums for hours of work, rest periods and vacation — but no jurisdiction mandates shortened summer schedules. Employers are under no obligation to approve adjusted hours just because the weather is warm. Operational needs still rule.
In the absence of a contractual or policy basis, employers can insist on full workdays — every Friday from May to September. Indeed, many employers build cases for dismissing employees for cause because they catch them calling in “sick“ regularly on summer Fridays and Mondays.
Myth 3: Employers must accommodate childcare struggles
With schools closed, many parents find themselves in a bind — scrambling for childcare options that don’t come cheap. While these pressures are real, they do not entitle employees to automatic workplace accommodations.
Family status is a protected ground under every provincial and territorial human rights code, as well as the Canadian Human Rights Act. Employers do have a duty to accommodate, but that duty is not absolute. The legal standard is “undue hardship” — a threshold that considers financial cost, operational viability and the impact on the business.
If accommodating a parent’s request would cause serious difficulty or expense for the employer, the obligation ends. And employees must meet their end of the bargain by exploring all other reasonable options — family support, flexible childcare, alternate work hours — before approaching their employer. This provides the employer the right to assist the employee in finding such accommodation to enable them to get back to the office.
Myth 4: Vacation can be taken at will
Vacation time is earned — but that doesn’t mean it can be used on demand. Employees do not have carte blanche to disappear for whichever holiday weeks in July they wish.
Every Canadian jurisdiction guarantees minimum vacation entitlements — usually two weeks after a year of service and three weeks after five years. But while the time itself is guaranteed, the scheduling is not. Employers are typically allowed to determine when vacation is taken, so long as the full entitlement is provided within the relevant time frame (often within 10 to 12 months after it’s earned).
That means employers can deny requests, stagger time off, impose blackout periods or even require employees to take vacation — often in one-week blocks. Planning a long summer getaway without approval can land employees in hot water, no matter how many days they have banked.
The legal reality
Employment law is not sentimental. Unless it is in a contract, policy, or required by law, employers are not bound to offer it.
Summer flexibility is a discretionary perk — not a legal right. And when optional perks are expected, conflict can follow.
Flexibility can boost morale, but it is a business choice, not a legal duty.
How to ask — without overstepping
If you are an employee hoping for summer accommodation, don’t assume anything. Approach your time-off request like a negotiation, not a demand. Here’s how:
1. Check your contract and policy manual
If it is not in writing, it is not guaranteed.
2. Initiate the conversation early
Do not spring a last-minute request on your manager the week before you head to the cottage.
3. Be solutions-oriented
Offer a plan. Demonstrate how coverage will be maintained or how deadlines will still be met.
4. Accept “no” gracefully
Operational demands might prevent your employer from saying yes — and it is legally entitled to do so.
The bottom line
The sun may shine brighter in July, but employment law doesn’t change with the seasons. Employers are not legally required to accommodate summer preferences for remote work, relaxed hours, or extended vacations. These are perks — not entitlements.