The resident shall be entitled to four (4) calendar weeks of paid annual vacation during the year of residency. This vacation shall be divisible. A leave application shall be submitted to the establishment no less than sixty (60) days prior to the start of the leave, except where there is an agreement with the establishment for a shorter timeframe. This request may not be denied unless the establishment is able to determine that granting this vacation would seriously hinder the provision of medical care normally provided by the medical group in which he is undergoing training.
The establishment shall provide a written response no later than fifteen (15) working days following receipt of the leave application, failing which it shall be deemed to have agreed.
Carry over of unused vacation days
The following year the resident may take the vacation days unused as at June 30 each year, up to a total of ten (10) days per year. Nevertheless, vacation days carried forward may not be converted to monetary compensation.
Notwithstanding the foregoing, leave not used as of June 30 each year owing to an authorized absence of at least nine (9) months during a year pursuant to Chapter 26 or 28 of this Agreement shall be carried forward to the following year, up to a maximum of four (4) weeks. The resident in this situation shall submit a written request to the establishment two (2) weeks prior to the end of the year.
You must apply for your vacation no less than 60 days prior to the leave. It is preferable to make your application in writing, following your establishment’s set procedures. The article stipulates that if, within 15 working days of your request, you have not received a response, the establishment is deemed to have agreed to your vacation.
Note, also, that you can split your annual leave into several days.
Note that it is always the establishment that has the burden of proof when vacation is denied, i.e., it has to prove that it would seriously disrupt the delivery of the medical care usually delivered by the medical team as a whole in which you are performing your rotation.
You may, at your choice, carry forward to the following year up to 10 days’ unused vacation days. But if they are not taken the following year, they are lost and cannot be taken in monetary compensation. Thus, priority must be given to using the previous year’s vacation, to ensure it is not lost.
Furthermore, if you are on leave for at least nine months during a year for parental (Art. 26) or medical reasons (Art. 28) and this means you were unable to take all your annual leave, your entire balance can be carried forward, even if it is more than 10 days, but for a maximum of four weeks, after you have expressly requested it from the establishment at least two weeks before the end of the year.
Certain standards also apply with regard to the validity of your rotation (a certain percentage of attendance per rotation) if you are considering taking vacation. To that end, you can validate this with your University’s policy to that effect.
When both spouses work in the same establishment, they shall be entitled to take their annual vacation at the same time.
The resident shall not be required to work the weekend immediately following or immediately preceding the annual vacation period.
The establishment must give you leave on the two weekends bracketing your vacation. Obviously, the weekends must immediately precede or follow a vacation day. So, for instance, if you take a Friday as annual leave, you will have to have the weekend that follows off.
The resident who is unable to take his annual vacation during the chosen period owing to illness, accident or work accident occurring before the beginning of the vacation period may postpone his vacation to a later date. He shall, however, notify the establishment thereof before the date established for the beginning of his vacation period, unless he is unable to do so as a result of physical incapacitation, in which case his vacation is automatically postponed. In the latter case, the resident shall provide proof of physical incapacitation as soon as possible. Upon his return, the resident shall establish the new dates for his vacation, in accordance with Article 25.01.
Terminating or abandoning training
The establishment shall pay the resident terminating or abandoning his training the days of annual leave accumulated at the time of his departure.