Is a plaintiff entitled to compensation for the use of vacation days from a bank of sick leave days?

British Columbia, Canada


The following excerpt is from McCartney v. McArthur, 2014 BCSC 2164 (CanLII):

While the use of days from a bank of sick leave days may entitle a plaintiff to compensation for the loss of past income because the plaintiff may have to pay to replace the sick days, in my view the use of vacation time does not represent lost income. (Roberts v. Earthy, 1995 CarswellBC 1800 (B.C.S.C.)). During that vacation time the plaintiff continued to receive his expected income.

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