Closed for the Holidays? Mandatory Vacations and the Duty to Accommodate Religious Observance

Across Canada, it is not uncommon for many small businesses to close their operations for the period between Christmas and New Years. There are many good reasons for this, as business owners may be looking for family time while the kids are out of school, a visit to parents in distant cities, or a winter escape to Mexico.

For the owner/operator, closing a business for a period of time may be as simple as hanging a sign in the door which reads “Closed for the Holidays”. However, for two important reasons, this decision becomes more complicated when a business has employees to consider :

1. Can a business require employees to take their vacations at specific times, such as over the Christmas holidays?
2. If so, does imposing vacation over a Christian holiday, such as Christmas or Easter, have human rights implications for a diverse workforce that does not necessarily follow Western-Christian heritage?