Can my boss refuse to pay me for overtime hours if I didn't take my time off?

Jurisdiction: Canada • Practice Area: Labor Standards• Published October 23, 2026

The situation

I work for a logistics firm here in Canada and have been putting in a lot of extra labour lately to help with the seasonal rush. Over the last two months, specifically throughout October and November, I worked a total of 20 hours of overtime beyond my usual schedule. My manager, Sarah, told me back in October that instead of extra money on my pay cheque, I could take time off with pay later on. We even signed a little note agreeing that I could take those 20 hours as time off during the first week of February. However, my manager just informed me this morning that because I haven't actually used those hours yet, the company won't be paying me any extra money for that overtime worked. I tried explaining that I still have the hours banked, but she said the policy is to only pay if the time is taken. Since it is now mid-December and I haven't taken the time off yet, I am really confused. Am I legally entitled to receive my overtime pay at one and a half times my regular rate if I decide not to take the time off, or does the company have the right to just let those hours expire without paying me?

Quick Summary

No, your employer cannot simply let your overtime hours expire without paying you. Because you have a written agreement to take the time off in February, you are entitled to either that time off or the equivalent pay if the time is not taken by the agreed date.

Detailed Analysis

Under the Canada Labour Code, you have a choice between receiving overtime pay or taking time off with pay. Since you and Sarah signed a written note, you have entered into a valid agreement for time off [cite:ca-labour-code-sec174]. According to the law, an employee is entitled to time off if "at their request, they and the employer enter into an agreement in writing providing for the taking of time off" [cite:ca-labour-code-sec174]. This means your signed note is a binding agreement regarding your 20 hours of overtime. Your agreement specifies that you will take this time during the first week of February. This is allowed because the law permits a longer period than the standard three months if there is a written agreement, provided that period does not exceed 12 months [cite:ca-labour-code-sec174]. If you do not actually take the time off by the date you and Sarah agreed upon, the company's policy cannot override your legal rights. The law states that "If the employee does not take all or part of the time off within the applicable period... the employer shall, within 30 days after the day on which that period ends, pay the employee’s wages for the overtime for which the time off was not taken" [cite:ca-labour-code-sec174]. This payment must be at a rate of "not less than one and one-half times the employee’s regular rate of wages" [cite:ca-labour-code-sec174]. In your case, if you take the time in February as planned, you get the time off. If for some reason you do not take it, Sarah's claim that the company won't pay you because you haven't used the hours yet is incorrect; the law requires them to pay you within 30 days after the agreed period ends.

Statutory Citations

Legal Citation: Canada Labour Code § R.S.C., 1985, c. L-2, s. 174 — Overtime pay or time off
"An employee is entitled to time off for overtime worked only if, (a) at their request, they and the employer enter into an agreement in writing providing for the taking of time off... on a date or dates agreed on by them and the employer"
View Official Legislation →
Legal Citation: Canada Labour Code § R.S.C., 1985, c. L-2, s. 174 — Overtime pay or time off
"If the employee does not take all or part of the time off within the applicable period... the employer shall, within 30 days after the day on which that period ends, pay the employee’s wages for the overtime for which the time off was not taken, at a rate of wages not less than one and one-half times the employee’s regular rate of wages"
View Official Legislation →

Important Legal Disclaimer

General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.

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