By Howard Levitt and Chase Frazer

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Howard Levitt: The rise of the productivity killer known as 'quiet vacationing' Back to video

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In Canadian workplaces, where vacation days are cherished, a curious trend is emerging, one enabled by the shift to remote work. It is called “quiet vacationing.” According to the May 2024 “Out of Office Culture Report” (“OOO Report”) published by The Harris Poll Thought Leadership Practice, it involves employees unofficially taking time off on a regular workday, without advising their employer, rather than honestly requesting vacation time, so they can save their paid time off for later.

Picture this: a diligent employee, surrounded by the comforts of home, secretly slipping away from their professional duties without a word to their employer. They are not calling in sick or formally requesting time off. Instead, they are participating in an underground movement where workers savour their paid time off on the sly while maintaining the facade of productivity.

Let us not mince words; what some call “quiet vacationing,” others might label time theft. It is the art of getting paid for hours not worked, a crafty dance that intertwines an employee’s desire for leisure and their need for a steady paycheck. From extending lunch breaks to clandestine errand runs during office hours, the spectrum of time theft has few bounds.

Demonstrating how far the employment landscape has shifted in the wake of COVID-19, with remote work becoming the new norm, the lines between work and play have blurred as never before. Now employees find themselves emboldened by their virtual autonomy, slipping in and out of vacation mode with ease.

According to the OOO Report, remote workers are leading the quiet vacation charge, capitalizing on their newfound freedom from the prying eyes of supervisors. Yet behind the veil of digital screens and meticulously timed emails lies a ticking time bomb of productivity woes. What happens when a crisis strikes, and the employee is nowhere to be found? The repercussions of “quiet vacationing” extend far beyond missed deadlines and dropped balls, shaking the very foundation of trust between employer and employee.

For employers, the struggle is real. How do you keep tabs on a workforce that can easily maintain the illusion of active work performed by moving their mouse sporadically to show they are still active on Microsoft Teams or intentionally scheduling emails to be sent out during working hours? The answer lies in striking a balance between vigilance and trust, a tightrope walk of transparency and accountability. From electronic monitoring to surprise check-ins, employers are pulling out all the stops to stem the tide of time theft.

But what happens when the jig is up, and an employee is caught red-handed “quiet vacationing?”

Because the employee intentionally mislead the employer and received payment, it is absolutely permissible for the employer to implement disciplinary measures. This should start with a written warning to the employee documenting that time theft has been identified, and communicating that further instances will result in disciplinary action up to and including termination for cause. Even further, there are grounds for an employer to take legal action to recover the wages paid to the employee during their unofficial “time off.”

In the end, the battle against “quiet vacationing” is not just about reclaiming lost hours or productivity. It is about preserving workplace integrity and fostering a culture of honesty and accountability in the remote work era.

Howard Levitt is senior partner of Levitt LLP, employment and labour lawyers with offices in Toronto and Hamilton. He practices employment law in eight provinces and is the author of six books, including the Law of Dismissal in Canada. Chase Frazer is an associate at the firm.

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