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THE QUESTION
My employer doesn’t allow me to come to work an hour or two late or leave a few hours early when I have a doctor’s appointment. He says that I have to take the whole day off as a vacation day, which I think is unfair. I feel like I should at least be able to use a sick day or make up the time some other way. What are the rules around time off for doctor’s appointments? And is it the same for other appointments too, such as physiotherapy or dental?
THE FIRST ANSWER
Alfonso Chen, managing lawyer, Taylor Janis LLP, Vancouver
Regulations vary by province, but if you’re located in British Columbia, the information provided by your employer is, in short, inaccurate. An employer cannot compel an employee to take a lone vacation day unless requested by the employee. Your employer seeks to have you take one vacation day so that you can see your doctor during work hours of that day, which is improper because vacations must be taken in periods of one week or more unless the employee, rather than the employer, voluntarily requests that the vacation be taken in shorter periods.
Options available to you depend on why you require the doctor’s appointment. If the reason you require the appointment is that you are sick, you can indeed choose to take a sick day. For most employees in British Columbia, you are entitled to a minimum of five job-protected paid sick days and three job-protected unpaid sick days in a year. Note that your employer may request reasonably sufficient proof of illness if you take a sick day.
If your need to take an hour to two during work hours to attend a doctor’s, physiotherapy or dental appointment arises from a mental or physical disability, then you should ask your employer to accommodate your disability by allowing you to work at different hours so that you can attend the appointment. Employers have an obligation to accommodate a disability to the point of undue hardship. This obligation arises from your human rights, which are set out in human rights legislation.
THE SECOND ANSWER
Chris Randall, employment lawyer, Toronto
In Ontario, provincially regulated employees don’t have a general right to arrive late or leave early for routine appointments. That said, if the visit is to diagnose or treat an illness or injury, the law offers protection – and your vacation days shouldn’t be the first solution.
Start with your employment contract and workplace policies. Some employers provide benefits beyond the statutory minimums, and those terms govern unless they conflict with the law.
Under the Employment Standards Act, 2000, most employees are entitled to three unpaid days each year for “personal illness, injury or medical emergency.” If you take part of a day under this leave, an employer may count it as a full day, but they are not required to do so.
The key distinction is what qualifies as sick leave. Appointments connected to an illness or injury – such as physiotherapy for a back strain or a dental procedure for an acute issue – typically qualify. Preventative or routine checkups, such as a standard dental cleaning, generally do not. For non-medical-need appointments, employers can decline schedule changes. You can still request flexibility, propose unpaid time off, swap shifts or, if you prefer, use vacation time.
When the appointment qualifies as sick leave, you may take only the hours you need. You must be paid for the hours worked and your employer cannot require you to use a vacation day instead. They may, however, treat the partial absence as one of your three statutory sick days.
If appointments are disability-related, including ongoing treatment or specialist care, employers have a duty to accommodate to the point of undue hardship. Accommodation can include flexible scheduling, time off for treatment or other reasonable measures.
The practical takeaway: reserve vacation for rest and recovery, not routine checkups. Review your contract and policies, clarify which appointments fall under sick leave and discuss a workable plan with your employer. Thoughtful flexibility supports employee health, preserves vacation for its intended purpose and fosters a respectful workplace – outcomes that benefit both sides.
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