Add Comment Question: Can employer refuse to pay public holiday pay (Christmas, Canada Day, etc..) and tell you to use your accrued vacation allotment? Answer: Thank you for your question. Refusing to pay for a statutory holiday is a violation of the Employment Standards Act. Your employer cannot tell you to use vacation time. If your employer refuses to pay for holiday time this could amount to a constructive dismissal and you would be owed severance. I would encourage you to call us and set up a consultation with one of our employment lawyers to discuss further. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.