General Questions

Upon employee request, can vacation with pay be given prior to completing a full 12 months of employment?

Yes, if the employer agrees. Typically, at least 6 months of service must have been completed.

What if a general holiday falls within an employee's annual vacation?

If eligible for the general holiday, the employee is entitled to take off either the first scheduled working day after their vacation, or in agreement with the employer, another day before the next annual vacation (that would otherwise have been a work day for the employee).

If an employee has been paid vacation pay but not given vacation time, can they choose not to take vacation time?

No. Employers must give, and employees must take, the vacation time to which they are entitled. Where employees have already been paid vacation pay, this time off will be without pay.

If employment is terminated before the employee completes 12 months of employment, what vacation pay is owing?

Four per cent of the employee's wages earned during the period of employment.

If employment is terminated after the employee completes 12 months of employment, what vacation pay is owing?

• The unpaid vacation entitlements for the previous year; plus
• the unpaid vacation entitlements for the current year pro-rated (calculation based on the number of days for the last date of employment, divided by 365 days).



When is vacation pay to be paid to an employee whose employment is terminated?

• Where proper termination notice is given, or notice is required to be given by the employer, vacation pay must be paid within three days of termination.
• Where neither the employer nor employee is required to give termination notice, vacation pay must be paid within 10 days.
• If an employee quits without giving proper termination notice, the employer must pay vacation pay to the employee within 10 days after the date on which the notice would have expired if it had been given.