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General Guidelines by Province
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Vacations, Vacation Pay and Annual Holidays
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An employee's right to annual vacation with pay was first legislated in Ontario in 1944 under the Hours of Work and Vacations with Pay Act. The Act meant most employers in Ontario were required to provide their employees with one paid week of vacation per year. It wasn’t long until a number of other provinces such as Saskatchewan, British Columbia, Quebec and Alberta (1946), and Manitoba (1947) passed their own legislation regarding paid vacations. By 1970, all the other provinces had legislated some form of paid vacation. While there have been improvements in vacation entitlement over the years, the rules vary by province.
Determining your rights can be a daunting task. It requires careful reading of the appropriate section(s) of legislation and corresponding regulations. In addition there are numerous exceptions and exemptions that may need to be considered. We present below general guidelines on key points, with links to some of the legislation relevant to paid vacations, vacation pay and annual holidays.
Alberta
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Alberta - Vacation and Vacation Pay
Vacations and Vacation Pay
Basic vacation entitlement
34 An employee becomes entitled to an annual vacation of at least
(a) 2 weeks after each of the first 4 years of employment, and
(b) 3 weeks after 5 consecutive years of employment and each year of employment after that, unless section 35 applies.
1996 cE-10.3 s34
Vacation entitlements with a common anniversary date
35(1) For the purpose of calculating vacation and vacation pay, an employer may establish a common anniversary date for all employees or a group of them.
(2) If an employer establishes a common anniversary date, then, despite any other provision in this Division,
(a) the amount of vacation pay, and
(b) the length of an employee’s vacation,
must not be reduced to less than the employee would have received if the common anniversary date had not been established.
(3) If an employee has a common anniversary date, the employee becomes entitled to an annual vacation as follows:
(a) on the first common anniversary date after employment starts with the employer, at least 2 weeks’ vacation or a proportionately lesser period of vacation if the employee has been employed for less than one year;
(b) on the 2nd, 3rd, 4th and 5th common anniversary date after employment starts with the employer, at least 2 weeks’ vacation;
(c) on the 6th common anniversary date after employment starts with the employer, at least
(i) 3 weeks’ vacation, and
(ii) vacation for the period that the proportion referred to in clause (a), if any, bears to one week;
(d) on the 7th and subsequent common anniversary dates after employment starts with the employer, at least 3 weeks’ vacation.
1996 cE-10.3 s35
Computing 5 or more years of employment
36 When it is necessary to determine whether an employee has been employed by an employer for 5 years of employment, or to determine whether the 6th common anniversary date has occurred, any break in the employee’s employment with the employer of less than 3 months is to be counted as a period of continuous employment.
1996 cE-10.3 s36
How vacation is to be given
37(1) Employers must give employees their annual vacation in one unbroken period no later than 12 months after an employee becomes entitled to it.
(2) If an employee so requests in writing, the employer may provide the vacation in two or more periods, so long as each vacation period is at least one day long.
1996 cE-10.3 s37
Dates for annual vacations
38 If an employer and an employee are unable to agree on a mutually satisfactory date to start the employee’s annual vacation, the employer must give the employee at least 2 weeks’ written notice of the date on which the employee’s annual vacation is to start, and the employee must take the vacation at that time.
1996 cE-10.3 s38
Vacation pay for employee paid monthly
39 For each week of vacation, the employer must pay an employee paid by the month vacation pay of an amount at least equal to the employee’s wages for the employee’s normal hours of work in a work month divided by 4 1/3.
1996 cE-10.3 s39
Vacation pay for employee paid other than monthly
40 The employer must pay an employee who is not paid by the month vacation pay of an amount at least equal to,
(a) for an employee entitled to 2 weeks’ vacation or any lesser amount, 4% of the employee’s wages for the year of employment for which vacation is given, or
(b) for an employee entitled to 3 weeks’ vacation, 6% of the employee’s wages for the year of employment for which vacation is given.
1996 cE-10.3 s40
When vacation pay is to be paid
41(1) An employer may pay vacation pay at any time, but must pay vacation pay to each employee no later than the next regularly scheduled pay‑day after the employee starts annual vacation.
(2) If vacation pay has not been fully paid to an employee before the annual vacation starts, the employee may request the employer to pay vacation pay at least one day before the vacation starts and the employer must comply with the request.
1996 cE-10.3 s41
Vacation pay on termination of employment
42(1) If employment terminates before an employee becomes entitled to a first annual vacation, the employer must pay the employee 4% of the employee’s wages earned during the employment.
(2) If employment terminates after an employee becomes entitled to annual vacation, the employer must pay the employee vacation pay of an amount equal to the vacation pay to which the employee would have been entitled in that year of employment if the employee had remained employed by the employer and
(a) for an employee who is entitled to 2 weeks’ vacation, at least 4% of the employee’s wages for the period from the date the employee last became entitled to an annual vacation to the date employment terminates, or
(b) for an employee who is entitled to 3 weeks’ vacation, at least 6% of the employee’s wages for the period from the date the employee last became entitled to an annual vacation to the date employment terminates.
1996 cE-10.3 s42
When vacation pay is considered to be wages
43 Vacation pay paid to an employee in one year of employment is deemed to be wages for the purpose of calculating the vacation pay payable to the employee in the following year of employment.
1996 cE-10.3 s43
Reductions in vacation and vacation pay
44 When an employee is absent from work, an employer may reduce the employee’s vacation and vacation pay in proportion to the number of days the employee was or would normally have been scheduled to work, but did not.
1996 cE-10.3 s44
Basic entitlement is two weeks of paid vacation after one year of employment; this increases to three weeks after five years of working for the same employer.
• You should take your vacation sometime in the 12 months following the year in which it was earned. It is your right to take it in one unbroken period.
• Vacations should be scheduled by mutual agreement. If that does not occur, the employer is permitted to determine when your vacation will be taken, but must give you two weeks' notice.
• Vacation pay is calculated as a percentage (either four or six per cent, depending on length of service) of your wages for the year in which it was earned. In Alberta, wages do not include overtime or holiday pay.
British Columbia
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British Columbia - Vacation and Vacation Pay
Part 7 — Annual Vacation
Entitlement to annual vacation
57 (1) An employer must give an employee an annual vacation of
(a) at least 2 weeks, after 12 consecutive months of employment, or
(b) at least 3 weeks, after 5 consecutive years of employment.
(2) An employer must ensure an employee takes an annual vacation within 12 months after completing the year of employment entitling the employee to the vacation.
(3) An employer must allow an employee who is entitled to an annual vacation to take it in periods of one or more weeks.
(4) An annual vacation is exclusive of statutory holidays that an employee is entitled to.
Vacation pay
58 (1) An employer must pay an employee the following amount of vacation pay:
(a) after 5 calendar days of employment, at least 4% of the employee's total wages during the year of employment entitling the employee to the vacation pay;
(b) after 5 consecutive years of employment, at least 6% of the employee's total wages during the year of employment entitling the employee to the vacation pay.
(2) Vacation pay must be paid to an employee
(a) at least 7 days before the beginning of the employee's annual vacation, or
(b) on the employee's scheduled paydays, if
(i) agreed in writing by the employer and the employee, or
(ii) provided by the collective agreement.
(3) Any vacation pay an employee is entitled to when the employment terminates must be paid to the employee at the time set by section 18 for paying wages.
Other payments or benefits do not affect vacation rights
59 (1) An employer must not reduce an employee's annual vacation or vacation pay because the employee
(a) was paid a bonus or sick pay, or
(b) was previously given a longer annual vacation than the minimum required under section 57.
(2) Despite subsection (1) (b), an employer may reduce an employee's annual vacation or vacation pay because at the written request of the employee the employer allowed the employee to take an annual vacation in advance.
Common date for calculating vacation entitlement
60 An employer may use a common date for calculating the annual vacation entitlement of all employees under sections 57 and 58, so long as this does not result in a reduction of any employee's rights under those sections.
In British Columbia completion of 12 months of continuous employment entitles full- and part-time workers to two weeks vacation (three weeks after five years) and vacation pay.
• It is contingent on your employer to ensure you take your vacation within one year of earning it.
• Vacation pay is calculated as to four per cent (six per cent after five years) of earnings, which includes vacation pay earned from the preceding year.
• Your employer has the right to schedule your vacation. However, it cannot be done in a manner that would prevent you from having less than one-week periods.
Federal
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Canada (Federal) - Vacation and Vacation Pay
183. In this Division,
“vacation pay”
« indemnité de congé annuel »
“vacation pay” means four per cent or, after six consecutive years of employment by one employer, six per cent of the wages of an employee during the year of employment in respect of which the employee is entitled to the vacation;
“year of employment”
« année de service »
“year of employment” means continuous employment of an employee by one employer
(a) for a period of twelve consecutive months beginning with the date the employment began or any subsequent anniversary date thereafter, or
(b) for a calendar year or other year determined by the employer, in accordance with the regulations, in relation to an industrial establishment.
R.S., 1985, c. L-2, s. 183; 1993, c. 42, s. 19.
Annual vacation with pay
184. Except as otherwise provided by or under this Division, every employee is entitled to and shall be granted a vacation of at least two weeks with vacation pay and, after six consecutive years of employment by one employer, at least three weeks with vacation pay in respect of every year of employment by that employer.
R.S., c. L-1, s. 40; R.S., c. 17(2nd Supp.), s. 10; 1976-77, c. 28, s. 49; 1977-78, c. 27, s. 11.
Granting vacation with pay
185. The employer of an employee who under this Division has become entitled to a vacation with vacation pay
(a) shall grant to the employee the vacation to which the employee is entitled, which shall begin not later than ten months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and
(b) shall, at such time as is prescribed by the regulations, pay to the employee the vacation pay to which the employee is entitled in respect of that vacation.
R.S., c. L-1, s. 41; R.S., c. 17(2nd Supp.), s. 11.
Vacation pay
186. Vacation pay shall for all purposes be deemed to be wages.
R.S., c. L-1, s. 42.
General holiday during vacation
187. Where one or more general holidays occur during a vacation granted to an employee pursuant to this Division, the vacation to which the employee is entitled under this Division may be extended by one day for each such holiday, and the employer shall pay to the employee in addition to the vacation pay the wages to which the employee is entitled for those general holidays.
R.S., c. L-1, s. 43; 1977-78, c. 27, s. 12.
Termination of employment during year
188. When an employee ceases to be employed, the employer shall forthwith pay to the employee
(a) any vacation pay then owing by the employer to the employee under this Division in respect of any prior completed year of employment; and
(b) four per cent or, if the employee has completed six consecutive years of employment by one employer, six per cent of the wages of the employee during any part of the completed portion of his year of employment in respect of which vacation pay has not been paid to the employee.
R.S., c. L-1, s. 44; R.S., c. 17(2nd Supp.), s. 12; 1976-77, c. 28, s. 49; 1977-78, c. 27, s. 13.
Transfer of work, undertaking or business
189. (1) Where any particular federal work, undertaking or business, or part thereof, in or in connection with the operation of which an employee is employed is, by sale, lease, merger or otherwise, transferred from one employer to another employer, the employment of the employee by the two employers before and after the transfer of the work, undertaking or business, or part thereof, shall, for the purposes of this Division, be deemed to be continuous with one employer, notwithstanding the transfer.
Inclusion
(2) For the purposes of subsection (1), a federal work, undertaking or business includes
(a) any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act that is deleted from one of those Schedules and that is established as or becomes a part of a corporation or any federal work, undertaking or business to which this Part applies; or
(b) a portion of the federal public administration included in a portion of the federal public administration so specified in one of those Schedules that is severed from the portion in which it was included and that is established as or becomes a part of such a corporation or federal work, undertaking or business.
R.S., 1985, c. L-2, s. 189; R.S., 1985, c. 9 (1st Supp.), s. 7; 1996, c. 18, s. 10; 2003, c. 22, s. 112.
Regulations in relation to annual vacations
190. The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations
(a) defining the circumstances and conditions under which the rights of an employee under this Division may be waived or the enjoyment thereof postponed;
(b) prescribing the notices to be given to employees of the times when vacations may be taken;
(c) prescribing the time when vacation pay shall be paid;
(d) defining the absences from employment that shall be deemed not to have interrupted continuity of employment;
(e) respecting the determination by the employer of a year of employment in relation to any industrial establishment;
(f) for the calculation and determination of vacation and vacation pay in the case of seasonal or temporary employees or in other suitable cases;
(g) providing for the granting of vacation or the payment of vacation pay in the event of temporary cessation of employment; and
(h) providing for the application of this Division where, owing to illness or other unavoidable absence, an employee has been absent from his employment.
R.S., 1985, c. L-2, s. 190; 1993, c. 42, s. 20.
Employees covered by the Canada Labour Code are entitled to two weeks of vacation after one year and three weeks after six.
• You must be allowed to take your vacation no later than 10 months following the period in which it was earned.
• You can make a written request to your employer (who must agree) to forgo vacation time and receive the vacation pay earned.
• Vacation pay (four per cent or six per cent after six years) calculations are based on annual wages, including overtime, statutory holiday pay, vacation pay, bereavement leave, time worked on holidays and "any other remuneration an employee is entitled to under his or her contract of employment ... for work performed."
Manitoba
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Manitoba - Vacation and Vacation Pay
DIVISION 5
ANNUAL VACATIONS AND VACATION ALLOWANCES
Employee entitlement to annual vacation
34(1) An employee is entitled to an annual vacation of at least
(a) two weeks after each of the first four years of employment; and
(b) three weeks after five consecutive years of employment and each year of employment after that.
Annual vacation does not include general holiday
34(2) The annual vacation referred to in subsection (1) does not include a general holiday that falls on a day during the employee's vacation and that the employee is entitled to.
When annual vacation to be given
35 An employer shall give an employee an annual vacation not later than 10 months after the employee becomes entitled to it.
Setting dates for annual vacation
36 If an employer and an employee are unable to agree on when the employee will take the annual vacation, the employer shall give the employee at least 15 days' notice of the date on which the vacation is to begin, and the employee must take the vacation at that time.
Period of vacation not to be less than a week
37 An employer shall not require an employee who is entitled to an annual vacation to take less than a week at a time.
Vacation may be required during annual shut-down
38 Despite section 37, where the business of an employer customarily shuts down for an extended period in each year, the employer may require the employees to take their annual vacations during that period.
Meaning of "wages"
39(1) In clause (2)(a), "wages" does not include
(a) overtime wages;
(b) a wage in lieu of notice payable under clause 61(1)(b); or
(c) any vacation allowance.
Amount of vacation allowance
39(2) An employer shall pay to an employee who is entitled to an annual vacation, for each week of the vacation, a vacation allowance consisting of
(a) 2% of the wages that the employee earned in the year of employment in respect of which the employee is entitled to the annual vacation; and
(b) if the employer provides board and lodging, or pays an allowance in lieu of board and lodging, as part of the usual remuneration of the employee, an amount equal to 2% of the cash value of the board and lodging or allowance that the employee received in the year of employment in respect of his or her regular hours of work.
Time of payment of vacation allowance
39(3) Unless the employee otherwise agrees, the employer shall pay the vacation allowance to the employee not later than the last working day before the employee's annual vacation begins.
Determining the cash value of board and lodging
39(4) For the purpose of clause (2)(b), the cash value of board and lodging is the amount deducted from the wages of the employee by the employer for the board and lodging or, where no deduction is made,
(a) the amount agreed upon by the employer and the employee; or
(b) where no amount is agreed upon, the amount calculated in accordance with the regulations.
S.M. 2006, c. 26, s. 15.
Certain payments do not affect vacation entitlement
40 The payment of a bonus or other pecuniary benefit by an employer to an employee does not affect the employee's entitlement to an annual vacation or vacation allowance.
Effect of previous year or vacation taken in advance
41 An employee's entitlement to an annual vacation and vacation allowance is not affected by his or her having received in a previous year an annual vacation or vacation allowance that was greater than the employee's entitlement, but this section does not apply in respect of an annual vacation or vacation allowance, or any part of a vacation or allowance, that an employee receives in advance of being entitled to it.
Employer may use common anniversary date
42(1 ) Despite sections 34 (annual vacation) and 39 (vacation allowance), an employer may establish a common anniversary date for all employees or a group of employees for the purpose of calculating their annual vacations and vacation allowances.
Director may prohibit common anniversary date
42(2) Despite subsection (1), the director may, on application by a bargaining agent for employees or, where the employees do not have a bargaining agent, an employee affected by a common anniversary date established under subsection (1), by order
(a) revoke the establishment of the date and prohibit the employer from establishing such a date for such time as may be specified in the order; or
(b) set terms and conditions for the use of the date, including setting a time period for its use and limiting its application to certain employees.
Employer to give proportion of entitlements
42(3) Where an employee is subject to a common anniversary date and has not on that date completed a year of employment, the employer shall give the employee an annual vacation and vacation allowance in the proportion that his or her time of employment in the year is to the entitlements under sections 34 and 39.
Effect of notice of termination
43 Where an employer or employee gives notice of termination of the employee's employment,
(a) no part of the employee's annual vacation may be used to calculate the required notice period unless, in the case of an employee giving notice, the employer otherwise agrees; and
(b) the payment of a vacation allowance to the employee does not affect any other amount payable to the employee in respect of the termination.
Meaning of "wages"
44(1) In subsection (2), "wages" does not include
(a) overtime wages;
(b) a wage in lieu of notice payable under clause 61(1)(b); or
(c) any vacation allowance.
Payment of vacation allowance on termination
44(2) If an employee's employment terminates before he or she is entitled to an annual vacation, the employer shall pay the employee a vacation allowance equal to
(a) if the employee has not completed five consecutive years of employment with the employer, 4% of the wages earned since the date the employee became employed by the employer or the date the employee last became entitled to an annual vacation, whichever is later; and
(b) if the employee has completed five consecutive years of employment with the employer, an additional 2% of the wages earned from the date the employee last became entitled to an annual vacation to the date of termination.
S.M. 2006, c. 26, s. 16.
The basic entitlement in Manitoba is two weeks vacation after one year of employment, increasing to three weeks after five years.
• Vacation pay (four per cent; six per cent after five years) is based on your regular wages (for the year in which the vacation was earned), including commissions, bonuses and holiday pay, but does not include overtime, previous years' vacation pay or any money received in lieu of notice.
• You employer can decide when to issue vacation pay, but you must receive it no later than 10 months following the year in which it was earned.
• It is also up to your employer to determine when you may take vacation, but you must be given 15 days' notice. Your employer cannot schedule a vacation period that is less than one week.
New Brunswick
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New Brunswick - Vacation and Vacation Pay
VACATIONS
24(1) An employer, not later than four months after the vacation pay year ends, shall give to an employee who has less than eight years of continuous employment with the employer a vacation that as a minimum is equal to two regular work weeks or one day for each calendar month during the vacation pay year in which the employee worked, whichever is less.
24(1.1) An employer, not later than four months after the vacation pay year ends, shall give to an employee who has eight or more years of continuous employment with the employer a vacation that as a minimum is equal to three regular work weeks or one and one-quarter days for each calendar month during the vacation pay year in which the employee worked, whichever is less.
24(2) For the purposes of this section and sections 25 and 26, “vacation pay year” means the period from the first day of July to the last day of June then following.
24(3) Repealed: 1988, c.59, s.6.
24(4) Repealed: 1988, c.59, s.6.
1988, c.59, s.6; 2000, c.55, s.1.
25(1) If an employee qualifies for a vacation under section 24, the employer shall
(a)at least one week in advance, notify the employee of the date the vacation is to begin, and
(b)at least one day before the vacation begins,
(i)if subsection 24(1) applies, pay the employee an amount equal to four per cent of the employee’s wages for the vacation pay year, or
(ii)if subsection 24(1.1) applies, pay the employee an amount equal to six per cent of the employee’s wages for the vacation pay year.
25(2) Repealed: 1988, c.59, s.7.
1986, c.32, s.2; 1988, c.59, s.7; 2000, c.55, s.2.
26(1) If an employee’s employment with an employer ceases before the end of the vacation pay year, the employer shall pay the employee, not later than at the same time as the employee’s final pay is given,
(a) an amount equal to four per cent of the employee’s wages for the vacation pay year if the employee has less than eight years of continuous employment with the employer, or
(b) an amount equal to six per cent of the employee’s wages for the vacation pay year if the employee has eight or more years of continuous employment with the employer.
26(2) Repealed: 1988, c.59, s.8.
1988, c.59, s.8; 2000, c.55, s.3; 2003, c.4, s.3.
27 Where provisions for a vacation established under any other Act or by any agreement, contract of service or custom are as favourable to an employee in respect of a vacation pay year as the requirements of this Act, the provisions so established prevail over this Act.
In New Brunswick you are entitled to two weeks of vacation or one day for each month worked in the year, whichever is less. Only after you have completed eight years of continuous employment are you entitled to three weeks of vacation or 1.25 days per each month worked in the previous year.
• You must receive your vacation no later than four months after the vacation pay year ends (July 1 to June 30 of the following year).
• Vacation pay calculations are based on your regular wages, but do not include statutory holiday pay, vacation pay, pay in lieu of vacation, gratuities or honoraria.
• Your employer must provide you a minimum one-week notice of the start of your vacation period.
Newfoundland and Labrador
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Newfoundland and Labrador - Vacation and Vacation Pay
VACATIONS WITH PAY
Definitions
7. In this Part
(a) "annual vacation" means the vacation to which an employee is entitled under subsection 8(1) or (1.1);
(b) "normal working hours" means the number of hours that an employee might reasonably expect to work in the type of work in which the employee is engaged, consideration being given to
(i) this or another Act and the orders, rules and regulations made under those Acts, or
(ii) a more favourable provision of a collective agreement, contract of service or custom; and
(c) "vacation pay" means the wages to which an employee is entitled under this Part, whether or not the employee is entitled to annual vacation.
1977 c52 s7
Annual vacation with pay
8. (1) Where
(a) an employee works for an employer at least 90% of the normal working hours in a continuous 12 month period, beginning on the date of the start of employment or upon termination of a preceding 12 month period; and
(b) the employment by that employee does not stop before the end of that 12 month period,
the employer shall permit the employee, within 10 months after the end of the continuous 12 month period, to take an annual vacation of not less than 2 weeks, and shall pay to the employee at the time provided in section 10 wages amounting to 4% of the total wages earned by that employee during the 12 month period.
(1.1) Notwithstanding subsection (1), where an employee meets the requirements of subsection (1) and has completed 15 years of continuous employment with the same employer, the employer shall permit the employee within 10 months after the end of the 15 year period to take an annual vacation of not less than 3 weeks and shall pay to the employee at the time provided in section 10 wages amounting to 6% of the total wages earned by that employee during the 12 month period.
(2) Where a public holiday occurs during the period of an annual vacation, the period of the annual vacation shall be lengthened by 1 working day for each public holiday.
(2.1) The employer shall, unless the employer and employee agree upon shorter periods, permit the employee to take the annual vacation
(a) in one unbroken period of 2 weeks; or
(b) in 2 unbroken periods of one week each,
if the employee, not later than the date on which the employee becomes entitled to the annual vacation, gives the employer written notice of the intention to take the vacation by either of the methods specified in paragraphs (a) and (b).
(3) The employer shall, unless the employer and employee agree upon shorter periods, permit the employee to take the annual vacation
(a) in one unbroken period of 3 weeks;
(b) in 2 unbroken periods of 2 weeks and one week respectively; or
(c) in 3 unbroken periods of one week each,
if the employee, not later than the date on which the employee becomes entitled to the annual vacation, gives the employer written notice of the intention to take the vacation by either of the methods specified in paragraph (a), (b) or (c).
(4) Unless the employer and employee otherwise agree in writing, the employer shall give to the employee not less than 2 weeks written notice of the dates of the annual vacation, and upon the notice being given, the employee shall take the annual vacation during the period specified in the notice.
(5) Where an employer cancels, or changes the dates of the employee's annual vacation after having given the notice to the employee required by subsection (4), the employer shall reimburse the employee for reasonable expenses incurred by the employee with respect to the cancelled or changed vacation that are not otherwise recoverable by the employee.
1977 c52 s8; 1996 c29 s2; 2001 c33 s3
Vacation pay
9. (1) Where subsection 8(1) or (1.1) does not apply, the employee is not entitled as of right to an annual vacation, but the employer shall pay to the employee, on or before the times specified in subsection (2),
(a) to an employee who has completed 15 years of continuous employment with the same employer, 6%; or
(b) to an employee who has completed less than 15 years of continuous employment with the same employer, 4%
of the total wages earned by the employee for the hours worked by the employee within the continuous 12 month period, or until the cessation of employment of the employee within the 12 month period.
(2) The sums required to be paid by the employer under subsection (1) shall be paid within 1 week after the termination of the continuous 12 month period, or the date of cessation of employment.
(3) Payment is not required to be made by an employer under this section unless the employee has been employed by the employer for 5 consecutive work days or more.
(4) The pay record given by an employer to an employee shall include the amount of vacation pay that has been paid during the pay period beginning on the day after the last pay day and ending in the current pay day.
1977 c52 s9; 1992 c17 s2; 1996 c29 s3; 2001 c33 s4
Time of payment
10. An employer shall, at least 1 day before the annual vacation, or a part of it, of an employee begins, pay to the employee the vacation pay, or a part of it, to which the employee is entitled for the period of vacation taken or given.
1977 c52 s10
Excess vacation
11. Where an employee is permitted by the employer to take a period of vacation in excess of the annual vacation required to be given by this Part, that excess vacation does not negate in whole or in part a future annual vacation or vacation pay to which the employee may be entitled under this Part.
1977 c52 s11
Where notice of termination given
12. (1) Where an employer or employee gives notice of termination of the contract of service, the employer shall not, unless the parties otherwise agree, require the employee to take, nor shall the employee take, a part of an annual vacation to which the employee is entitled during the period that the employee is required by the contract of service to continue in the service of the employer after the giving of the notice of termination.
(2) The employer shall, upon termination of the contract of service, pay to the employee the vacation pay to which the employee is entitled in addition to the wages properly earned by the employee for the period following the notice of termination.
1977 c52 s12
Regulations
13. The Lieutenant-Governor in Council may make regulations for carrying out the purposes of this Part and, in particular, may make regulations establishing a system by which an annual vacation, or a part of it, with or without vacation pay, may be taken by employees during the 12 month period during which the annual vacation is accruing.
Basic entitlement in Newfoundland and Labrador is two weeks after being employed a minimum 12 months and worked at least 90 per cent of available hours. After 15 years of continuous employment, you are eligible for an additional week of vacation.
• You can take your vacation no later than 10 months following the year in which you earned it. Your vacation may be taken in one- or two-week periods.
• Your employer is allowed to determine when you take your vacation, but you must receive two weeks' written notice. If your employer cancels your vacation, you must be reimbursed for all reasonable expenses you incurred as a result.
• Vacation pay is calculated on the basis of all wages, including commissions and overtime.
Nova Scotia
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Nova Scotia - Vacation and Vacation Pay
Vacation
32 (1) Where an employee works for an employer at any time during a continuous twelve-month period, the employer
(a) not later than ten months after the twelve-month period ends, shall give the employee an unbroken vacation of at least two weeks or, where the employee has been in the employ of the employer for more than eight years, an unbroken vacation of at least three weeks;
(b) at least one week in advance, shall notify the employee of the date his vacation begins; and
(c) at least one day before his vacation begins, shall pay the employee an amount at least equal to four per cent or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six per cent, of the employee's wages for the twelve-month period during which the employee established his right to a vacation.
(2) Notwithstanding clause (a) of subsection (1), the employer and the employee may by agreement provide for two or more vacation periods if
(a) the periods are in total equal to at least the length of vacation to which the employee is entitled under that clause; and
(b) include an unbroken period of at least one week prior to which the employer gives notice as required by clause (b) of subsection (1) and pays the employee the full amount as required by clause (c) of subsection (1). R.S., c. 246, s. 32; 1991, c. 14, s. 8; 2003 (2nd Sess.), c. 7, s. 9; 2004, c. 6, s. 17.
Waiver of entitlement under subsection 32(1)
33 (1) An employee who works for an employer for less than ninety per cent of the regular working hours during a continuous twelve-month period may waive the entitlement set out in subsection (1) of Section 32 to a period of vacation leave.
(2) Where the employee notifies the employer in writing that the employee is exercising the option specified in subsection (1), Section 32 does not apply and the employer shall pay to the employee, not later than one month after the twelve-month period ends, an amount at least equal to four per cent or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six per cent, of the wages of the employee for the twelve-month period. 1991, c. 14, s. 9; 2004, c. 6, s. 18.
Vacation pay on termination
34 Where an employee works for an employer and is not entitled to a vacation with pay or pay in lieu of a vacation as provided for in Sections 32 and 33, and his employment with that employer terminates, the employer shall pay to the employee within ten days after his employment terminates an amount at least equal to four per cent or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six per cent, of the wages of the employee during the time he was employed. R.S., c. 246, s. 34; 2004, c. 6, s. 19.
Calculation of vacation pay
35 (1) For the purpose of calculating vacation pay or pay in lieu of vacation as provided for in Sections 32, 33 and 34, the wages of the employee include the cash value of board or lodging provided by the employer, which is the greater of
(a) the amount agreed upon between the employer and the employee as being its cash value; and
(b) the amount specified in any order issued under the authority of this Act.
(2) Subsection (1) does not apply to the construction industry.
(3) For the purpose of calculating vacation pay or pay in lieu of vacation pay as provided for in Sections 32, 33 and 34, the twelve-month period or any other period of employment shall commence on the first day the employee is employed. R.S., c. 246, s. 35.
Vacation pay in trust and deemed secure debt due
36 (1) Every employer is deemed to hold vacation pay accruing due to an employee in trust for the employee and for payment of the vacation pay over in the manner and at the time provided under this Act and the regulations, and the amount is a charge upon the assets of the employer or his estate in his hands or the hands of a trustee and has priority over all other claims.
(2) Notwithstanding any other Act, the amount of vacation pay accruing due to an employee is a debt due or accruing due by the employer to the employee and the employee shall be deemed to hold a mortgage on the assets of the employer to the amount of the vacation pay accruing due and may enforce the mortgage by foreclosure proceedings.
(3) The mortgage referred to in subsection (2) shall be payable in priority over all liens, charges or mortgages of every person in respect of the real and personal property of the employer, including those of Her Majesty in right of the Province, but excepting liens for wages due to workmen by that employer. R.S., c. 246, s. 36.
You are entitled to two weeks vacation in Nova Scotia after working 12 months; three weeks after eight years on a continuous basis with the same employer.
• You take your vacation within the 10-month period following the year in which it was earned. Full-time employees must take their vacations.
• Your employer can determine when you take vacation, but must give you one week advance notice. If you and your employer agree, you can break your vacation into separate periods, provided you take at least one week of unbroken vacation a year.
Ontario
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Ontario - Vacation and Vacation Pay
Right to vacation
33. (1) An employer shall give an employee a vacation of at least two weeks after each vacation entitlement year that he or she completes. 2002, c. 18, Sched. J, s. 3 (18).
Active and inactive employment
(2) Both active employment and inactive employment shall be included for the purposes of subsection (1). 2002, c. 18, Sched. J, s. 3 (18).
Where vacation not taken in complete weeks
(3) If an employee does not take his or her vacation in complete weeks and the 12-month period of employment to which the vacation relates begins on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, the employer shall base the number of days of vacation that the employee is entitled to on,
(a) the number of days in the employee’s regular work week;
(b) if the employee does not have a regular work week, the average number of days the employee worked per week during the most recently completed vacation entitlement year. 2002, c. 18, Sched. J, s. 3 (18).
Same
(4) If an employee does not take his or her vacation in complete weeks and the 12-month period of employment to which the vacation relates begins before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, the number of vacation days to which the employee is entitled shall be determined as follows:
1. If the 12-month period of employment ends before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, the number of days of vacation to which the employee is entitled shall be determined under subsection (3) of this section as it read before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force.
2. If the 12-month period of employment had begun but not ended before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, the number of days of vacation to which the employee is entitled shall be the greater of,
i. the number of days to which he or she would have been entitled under subsection (3) of this section as it read before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force, and
ii. the number of days to which he or she would be entitled under subsection (3) of this section as re-enacted by section 3 of Schedule J to the Government Efficiency Act, 2002. 2002, c. 18, Sched. J, s. 3 (18).
Alternative vacation entitlement year
Application
34. (1) This section applies if the employer establishes for an employee an alternative vacation entitlement year that starts on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force. 2002, c. 18, Sched. J, s. 3 (18).
Vacation for stub period
(2) The employer shall do the following with respect to the stub period:
1. The employer shall calculate the ratio between the stub period and 12 months.
2. If the employee has a regular work week, the employer shall give him or her a vacation for the stub period that is equal to two weeks multiplied by the ratio calculated under paragraph 1.
3. If the employee does not have a regular work week, the employer shall give him or her a vacation for the stub period that is equal to 2 × A × the ratio calculated under paragraph 1, where,
A = the average number of days the employee worked per work week in the stub period.
2002, c. 18, Sched. J, s. 3 (18).
Active and inactive employment
(3) Both active employment and inactive employment shall be included for the purposes of subsection (2). 2002, c. 18, Sched. J, s. 3 (18).
Timing of vacation
35. The employer shall determine when an employee shall take his or her vacation for a vacation entitlement year, subject to the following rules:
1. The vacation shall be completed no later than 10 months after the end of the vacation entitlement year for which it is given.
2. The vacation shall be a two-week period or two periods of one week each, unless the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request. 2002, c. 18, Sched. J, s. 3 (18).
Timing of vacation, alternative vacation entitlement year
35.1 (1) This section applies if the employer establishes for an employee an alternative vacation entitlement year that starts on or after the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force. 2002, c. 18, Sched. J, s. 3 (18).
Same
(2) The employer shall determine when the employee shall take his or her vacation for the stub period, subject to the following rules:
1. The vacation shall be completed no later than 10 months after the start of the first alternative vacation entitlement year.
2. Subject to paragraphs 3 and 4, if the vacation entitlement is equal to two or more days, the vacation shall be taken in a period of consecutive days.
3. Subject to paragraph 4, if the vacation entitlement is equal to more than five days, at least five vacation days shall be taken in a period of consecutive days and the remaining vacation days may be taken in a separate period of consecutive days.
4. Paragraphs 2 and 3 do not apply if the employee requests in writing that the vacation be taken in shorter periods and the employer agrees to that request. 2002, c. 18, Sched. J, s. 3 (18).
Vacation pay
35.2 An employer shall pay vacation pay to an employee who is entitled to vacation under section 33 or 34 equal to at least 4 per cent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given. 2002, c. 18, Sched. J, s. 3 (18).
When to pay vacation pay
36. (1) Subject to subsections (2) to (4), the employer shall pay vacation pay to the employee in a lump sum before the employee commences his or her vacation. 2000, c. 41, s. 36 (1); 2001, c. 9, Sched. I, s. 1 (5).
Same
(2) If the employer pays the employee his or her wages in accordance with subsection 11 (4) or the employee does not take his or her vacation in complete weeks, the employer may pay the employee his or her vacation pay on or before the pay day for the period in which the vacation falls. 2000, c. 41, s. 36 (2).
Same
(3) The employer may pay the employee vacation pay that accrues during a pay period on the pay day for that period if the employee agrees that it may be paid in that manner and,
(a) the statement of wages provided for that period under subsection 12 (1) sets out, in addition to the information required by that subsection, the amount of vacation pay that is being paid separately from the amount of other wages that is being paid; or
(b) a separate statement setting out the amount of vacation pay that is being paid is provided to the employee at the same time that the statement of wages is provided under subsection 12 (1). 2000, c. 41, s. 36 (3); 2001, c. 9, Sched. I, s. 1 (6); 2002, c. 18, Sched. J, s. 3 (19, 20).
Same
(4) The employer may pay the employee vacation pay at a time agreed to by the employee. 2001, c. 9, Sched. I, s. 1 (7).
Payment during labour dispute
37. (1) If the employer has scheduled vacation for an employee and subsequently the employee goes on strike or is locked out during a time for which the vacation had been scheduled, the employer shall pay to the employee the vacation pay that would have been paid to him or her with respect to that vacation. 2000, c. 41, s. 37 (1).
Cancellation
(2) Subsection (1) applies despite any purported cancellation of the vacation. 2000, c. 41, s. 37 (2).
If employment ends
38. If an employee’s employment ends at a time when vacation pay has accrued with respect to the employee, the employer shall pay the vacation pay that has accrued to the employee in accordance with subsection 11 (5). 2000, c. 41, s. 38.
Multi-employer plans
39. Sections 36, 37 and 38 do not apply with respect to an employee and his or her employer if,
(a) the employee is represented by a trade union; and
(b) the employer makes contributions for vacation pay to the trustees of a multi-employer vacation benefit plan. 2000, c. 41, s. 39; 2001, c. 9, Sched. I, s. 1 (8).
Vacation pay in trust
40. (1) Every employer shall be deemed to hold vacation pay accruing due to an employee in trust for the employee whether or not the employer has kept the amount for it separate and apart. 2000, c. 41, s. 40 (1).
Same
(2) An amount equal to vacation pay becomes a lien and charge upon the assets of the employer that in the ordinary course of business would be entered in books of account, even if it is not entered in the books of account. 2000, c. 41, s. 40 (2).
Approval to forego vacation
41. (1) If the Director approves and an employee’s employer agrees, an employee may be allowed to forego taking vacation to which he or she is entitled under this part. 2000, c. 41, s. 41 (1).
Vacation pay
(2) Nothing in subsection (1) allows the employer to forego paying vacation pay. 2000, c. 41, s. 41 (2).
Vacation statements
41.1 (1) An employee is entitled to receive the following statements on making a written request:
1. After the end of a vacation entitlement year, a statement in writing that sets out the information contained in the record the employer is required to keep under subsection 15.1 (2).
2. After the end of a stub period, a statement in writing that sets out the information contained in the record the employer is required to keep under subsection 15.1 (3). 2002, c. 18, Sched. J, s. 3 (21).
When statement to be provided
(2) Subject to subsection (3), the statement shall be provided to the employee not later than the later of,
(a) seven days after the employee makes his or her request; and
(b) the first pay day after the employee makes his or her request. 2002, c. 18, Sched. J, s. 3 (21).
Same
(3) If the request is made during the vacation entitlement year or stub period to which it relates, the statement shall be provided to the employee not later than the later of,
(a) seven days after the start of the next vacation entitlement year or the first vacation entitlement year, as the case may be; and
(b) the first pay day of the next vacation entitlement year or of the first vacation entitlement year, as the case may be. 2002, c. 18, Sched. J, s. 3 (21).
Restriction re frequency
(4) The employer is not required to provide a statement to an employee more than once with respect to a vacation entitlement year or stub period. 2002, c. 18, Sched. J, s. 3 (21).
Exception
(5) This section does not apply with respect to an employee whose employer pays vacation pay in accordance with subsection 36 (3). 2002, c. 18, Sched. J, s. 3 (21).
Transition
(6) This section does not apply with respect to a vacation entitlement year that is completed before the day on which section 3 of Schedule J to the Government Efficiency Act, 2002 comes into force. 2002, c. 18, Sched. J, s. 3 (21).
Employment Standards in Ontario provide for two weeks of paid vacation per year which must be taken during the 10 month period following the year the vacation was earned.
• Your employer can decide when you will take vacation.
• You have the option in Ontario of giving up your vacation time if your employer agrees in writing and the request is approved by the Director of Employment Standards. You would receive the vacation pay you are owed, in addition to any wages you earn.
• Vacation pay is a minimum four per cent of gross wages earned in the 12-month entitlement period. Wages include commissions, overtime, bonuses, holiday pay and any termination pay you received.
Prince Edward Island
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Prince Edward Island - Vacation and Vacation Pay
VACATION PAY
Vacation and 11. (1) Where an employee works for an employer for a continuous
vacation pay
twelve-month period and the employee's employment with such
employer does not cease before the end of that twelve-month period, the
employer shall
(a) not later than four months after that twelve-month period ends,
give the employee an unbroken vacation of at least two weeks;
(b) at least one week in advance, notify the employee of the date the
employee's vacation is to begin; and
(c) at least one day before the employee's vacation begins, pay the
employee an amount equal to four per cent of the employee's wages
for the twelve-month period during which the employee establishes
the right to a vacation.
Vacation pay on (2) Where an employee works for an employer for less than a
termination of continuous twelve-month period, and the employment with that
employment
employer ceases, the employer shall, not later than the end of the next
regular pay period after the employee's employment ceases, pay to the
8
Employment Standards Act Cap. E-6.2 9
employee an amount equal to four per cent of the employee's wages
during the time that the employee was employed.
(3) Where a paid holiday as defined in subsection 6(1) occurs during Holiday occurring
the period of a vacation, the period of the vacation shall be lengthened by during vacation
one working day.
Sick leave
(4) Sick leave with pay shall not be considered as vacation with pay or
pay in lieu of vacation. 1992,c.18,s.11.
12. Notwithstanding the provisions of any other Act, every employer Vacation pay
shall be deemed to hold vacation pay accruing due to an employee in deemed to be held
in trust,
trust for the employee and for payment of the vacation pay over in the
manner and at the time provided under section 11, and the amount shall
be a charge upon the assets of the employer or the employer's estate in
the employer's hands or the hands of a trustee and shall have priority
over all other claims including those of the Crown. 1992,c.18,s.12.
13. (1) For the purpose of calculating vacation pay or pay in lieu of Value of board and
lodging,
vacation as provided in section 11 wages shall include the cash value of
board and lodging, or either of them, furnished by the employer.
(2) The cash value of board or lodging referred to in subsection (1) Determination of
shall be deemed to be the greatest of the following: cash value
(a) the amount that is actually deducted from the pay of the
employee by the employer for board or lodging under any contract
or agreement;
(b) the amount agreed upon between the employer and the employee
as being the cash value thereof; or
(c) the amount specified in the order issued by the board under
clause 5(1)(d). 1992,c.18,s.13.
14. Where the provisions for an annual vacation established by any other Most favourable
provisions apply
Act, agreement, contract of service, or any custom, are more favourable
to an employee in respect of vacation or vacation pay than this Act
requires, the provisions so established prevail over this Act.
1992,c.18,s.14.
In Prince Edward Island you are entitled to two weeks of paid vacation upon completion of 12 months of work.
• You can take your vacation within four months of having earned it unless you agree with your employer to do otherwise.
• Scheduling of vacations is at the employer's discretion, but you must be given at least a week's notice.
Quebec
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Quebec - Vacation and Vacation Pay
ANNUAL LEAVE WITH PAY
Entitlement to annual leave.
66. The reference year is a period of twelve consecutive months during which an employee progressively acquires entitlement to an annual leave.
Reference year.
That period extends from 1 May of the preceding year to 30 April of the current year unless an agreement or decree fixes a different starting date for that period.
1979, c. 45, s. 66.
Less than one year of uninterrupted service.
67. An employee who, at the end of a reference year, is credited with less than one year of uninterrupted service with the same employer during that period, is entitled to an uninterrupted leave for a duration determined at the rate of one working day for each month of uninterrupted service, for a total leave not exceeding two weeks.
1979, c. 45, s. 67.
One year of uninterrupted service.
68. An employee who, at the end of a reference year, is credited with one year of uninterrupted service with the same employer during that period is entitled to an annual leave of a minimum duration of two consecutive weeks.
1979, c. 45, s. 68; 1990, c. 73, s. 22.
Additional annual leave.
68.1. An employee to whom section 68 applies is also entitled, if he applies therefor, to an additional annual leave without pay equal to the number of days required to increase his annual leave to three weeks.
Additional annual leave.
Such additional leave need not follow immediately a leave under section 68 and, notwithstanding sections 71 and 73, it may not be divided, or be replaced by a compensatory indemnity.
1997, c. 10, s. 1.
Five years of uninterrupted service.
69. An employee who, at the end of a reference year, is credited with five years of uninterrupted service with the same employer, is entitled to an annual leave for a minimum duration of three consecutive weeks.
1979, c. 45, s. 69; 1990, c. 73, s. 23.
Annual leave.
70. The annual leave must be taken within 12 months following the end of the reference year, except where a collective agreement or a decree allows it to be deferred until the following year.
Exception.
Notwithstanding the first paragraph, the employer may, at the request of the employee, allow the annual leave to be taken, in whole or in part, during the reference year.
Deferment or indemnity.
In addition, if at the end of the 12 months following the end of a reference year, the employee is absent owing to sickness, accident or a criminal offence or is absent or on leave for family or parental matters, the employer may, at the request of the employee, defer the annual leave to the following year. If the annual leave is not so deferred, the employer must pay the indemnity for the annual leave to which the employee is entitled.
Reservist of the Canadian Forces.
Similarly, if the employee is a reservist of the Canadian Forces and at the end of the 12 months following the end of a reference year, the employee is absent for one of the reasons set out in section 81.17.1, the employer may either defer the annual leave until the following year or pay the indemnity for that leave.
Insurance period continued.
Notwithstanding any contrary clause of a collective agreement, decree or contract, any period of salary insurance, sickness insurance or disability insurance interrupted by a leave taken in accordance with the first paragraph is continued, where applicable, after the leave, as if it had never been interrupted.
1979, c. 45, s. 70; 1980, c. 5, s. 4; 2002, c. 80, s. 22; 2007, c. 36, s. 2; 2008, c. 30, s. 2.
Annual leave.
71. The annual leave may be divided into two periods where so requested by the employee. However, the employer may refuse the request if he closes his establishment for a period equal to or greater than that of the employee's annual leave.
Division of annual leave.
Notwithstanding section 69, any employer who, before 29 March 1995, closed his establishment for the period of annual leave, may divide the annual leave of an employee referred to in that section into two periods, one being the closing period. One of those periods must, however, last for a minimum of two consecutive weeks.
Division of leave.
The annual leave may also be divided into more than two periods where so requested by the employee, provided the employer consents thereto.
Exception.
A leave not exceeding one week shall not be divided.
1979, c. 45, s. 71; 1982, c. 58, s. 57; 1990, c. 73, s. 24; 1995, c. 16, s. 2.
Clause in collective agreement.
71.1. Notwithstanding sections 68, 69 and 71, a collective agreement or a decree may include a clause providing for, or prohibiting, the division of an annual leave into two or more periods.
1995, c. 16, s. 3.
Date of leave known.
72. An employee is entitled to know the date of his annual leave at least four weeks in advance.
1979, c. 45, s. 72.
Prohibition.
73. Employers are prohibited from replacing a leave contemplated in section 67, 68 or 69 by a compensatory indemnity, unless a special provision is contained in a collective agreement or decree.
Compensatory indemnity.
At the request of the employee, the third week of leave may, however, be replaced by a compensatory indemnity if the establishment closes for two weeks on the occasion of the annual leave.
1979, c. 45, s. 73; 1982, c. 58, s. 58.
Annual leave indemnity.
74. The indemnity relating to the annual leave of the employee contemplated in sections 67 and 68 is equal to 4% of the gross wages of the employee during the reference year. In the case of the employee contemplated in section 69, the indemnity is equal to 6% of the gross wages of the employee during the reference year.
Days of absence.
Should an employee be absent owing to sickness or accident under the first paragraph of section 79.1, or on maternity or paternity leave during the reference year and should that absence result in the reduction of that employee's annual leave indemnity, the employee is then entitled to an indemnity equal, as the case may be, to twice or three times the weekly average of the wage earned during the period of work. An employee contemplated in section 67 whose annual leave is less than two weeks is entitled to that amount in proportion to the days of leave credited to his account.
Higher indemnity.
The Government may, by regulation, determine a higher indemnity than that provided for in this section for an employee on maternity or paternity leave.
Maximum indemnity.
Notwithstanding the second and third paragraphs, the annual leave indemnity shall not exceed the indemnity to which the employee would have been entitled if he had not been absent or on leave owing to a reason mentioned in the second paragraph.
1979, c. 45, s. 74; 1980, c. 5, s. 5; 1983, c. 22, s. 103; 1990, c. 73, s. 25, s. 71; 2002, c. 80, s. 23; 2007, c. 36, s. 3.
Equal indemnity.
74.1. No employer may reduce the annual leave of an employee referred to in section 41.1, or change the way in which the indemnity pertaining to it is computed, in comparison with what is granted to other employees performing the same tasks in the same establishment, for the sole reason that the employee usually works less hours each week.
1990, c. 73, s. 26.
Payment of the indemnity.
75. Subject to a provision of a collective agreement or decree, the indemnity pertaining to the annual leave of an employee must be paid to him in a lump sum before the beginning of the leave.
Farm worker.
However, in the case of a farm worker hired on a daily basis, the indemnity may be added to his wages and be paid in the same manner.
1979, c. 45, s. 75; 1990, c. 73, s. 27; 2002, c. 80, s. 24.
Contract of employment cancelled.
76. If a contract of employment is cancelled before the employee is able to benefit by all the days of leave to which he is entitled, the employee shall receive, in addition to the compensatory indemnity determined in accordance with section 74 and attaching to the fraction of the leave that he did not enjoy, an indemnity equal to 4% or 6%, as the case may be, of the gross wages earned during the current reference year.
1979, c. 45, s. 76.
Persons exempted from leave.
77. Sections 66 to 76 do not apply to the following persons:
(1) (subparagraph repealed);
(2) a student employed in a vacation camp or in a social or community non-profit organization such as a recreational organization;
(3) a real estate agent within the meaning of the Real Estate Brokerage Act (chapter C-73.1), remunerated entirely by commission;
(4) a representative of a dealer or adviser within the meaning of section 149 of the Securities Act (chapter V-1.1), entirely remunerated by commission;
(5) a representative within the meaning of the Act respecting the distribution of financial products and services (chapter D-9.2) remunerated entirely by commission;
(6) (subparagraph repealed);
(7) a trainee within the framework of a vocational training program recognized by law.
Regulation of the Government.
However, the Government may, by regulation, render all or some of the provisions of sections 66 to 76 applicable to the employees described in subparagraph 2 of the first paragraph.
1979, c. 45, s. 77; 1980, c. 5, s. 6; 1982, c. 58, s. 59; 1986, c. 95, s. 203; 1990, c. 73, s. 28; 1989, c. 48, s. 251; 1991, c. 37, s. 173; 1998, c. 37, s. 529; 2002, c. 80, s. 25.
You are entitled to two weeks of vacation in Quebec after 12 consecutive months of employment; this increases to three weeks after five years.
• Your employer determines when you take vacation (it must be uninterrupted) and must give you four weeks' advance notice.
• If you are entitled to only two weeks of vacation, your employer must honour your request for an additional week of unpaid leave, but you cannot insist it be taken in conjunction with your paid vacation.
Saskatchewan
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Saskatchewan - Vacation and Vacation Pay
Annual Holidays
Interpretation of Part
29.4 In this Part, "year of employment" means a period of 52 consecutive
weeks in which an employee's employment is not broken by a period greater
than 26 consecutive weeks.
1994, c.39, s.19.
22
c.L-1 LABOUR STANDARDS
Annual holiday to which employee is entitled; "accumulated year of employment"
30(1) Every employee to whom this Act applies is entitled:
(a) subject to clause (b), to an annual holiday of three weeks after each year
of employment with any one employer;
(b) to an annual holiday of four weeks after the completion of ten years of
employment with one employer and after the completion of each subsequent
year of employment with that employer.
1976-77, c.36, s.30; R.S.S. 1978, c.L-1, s.30;
1979-80, c.84, s.9; 1994, c.39, s.20.
(2) Repealed. 1994, c.39, s.20.
(3) Repealed. 1994, c.39, s.20.
Manner of taking annual holiday
31(1) Where an employee is entitled to an annual holiday under section 30:
(a) the employer shall permit the employee to take the entire annual holiday
to which he is entitled within 12 months after the date on which he becomes
entitled to it;
(b) the employee shall be permitted to take the entire annual holiday to
which he is entitled in one continuous and uninterrupted period;
(c) notwithstanding clause (b), the employee may, not later than the day on
which he becomes entitled to an annual holiday under section 30, give his
employer written notice that he desires to take his annual holiday in a
manner other than in one continuous and uninterrupted period but in periods
of not less than one week and, where such notice is given, the employer shall
permit the employee to take the annual holiday in the manner mentioned in
the notice.
(2) Clauses (1)(b) and (c) do not apply where the director approves, in writing, an
arrangement pursuant to which the business of an employer is to be closed in order
that his employees may take holidays at that time.
1976-77, c.36, s.31; R.S.S. 1978, c.L-1, s.31.
Notice of holiday period
32 Every employer shall give to each employee who is entitled to an annual
holiday under section 30 not less than four weeks' written notice of the
commencement of his holiday period or each of his holiday periods, as the case may
be, unless otherwise agreed in writing between the employer and the trade union
representing the employee or, where there is no such trade union, between the
employer and the employee.
1976-77, c.36, s.32; R.S.S. 1978, c.L-1, s.32.
23
LABOUR STANDARDS c.L-1
Remuneration payable to employee in respect of annual holiday
33(1) An employee is entitled to receive annual holiday pay in the following
amounts:
(a) if the employee is entitled to an annual holiday pursuant to
clause 30(1)(a), three fifty-seconds of the employee's total wages for the year of
employment immediately preceding the entitlement to the annual holiday;
(b) if the employee is entitled to an annual holiday pursuant to
clause 30(1)(b), four fifty-seconds of the employee's total wages for the year of
employment immediately preceding the entitlement to the annual holiday.
(1.1) With respect to an employee who is entitled to an annual holiday pursuant to
section 30 but who does not take that annual holiday, the employer shall pay to the
employee the employee's annual holiday pay not later than 11 months after the day
on which the employee becomes entitled to the annual holiday.
(2) Where an employee takes his holiday in one continuous period, the annual
holiday pay payable to the employee shall be paid to the employee by his employer
during the period of fourteen days immediately preceding the commencement of
the holiday period.
(3) Where an employee has given his employer notice under clause (c) of
subsection (1) of section 31 that he desires to take his annual holiday in a manner
other than in one continuous period, the annual holiday pay payable to the
employee in respect of each of the several portions in which the employee desires to
take his holidays shall be paid to the employee by his employer during the period of
fourteen days immediately preceding the commencement of each portion of the
holiday respectively.
(4) Where an employee has scheduled a period as an annual holiday at a time
agreed to by the employer and the employer does not permit the employee to take
the annual holiday as scheduled, the employer shall reimburse the employee for
any monetary loss suffered by the employee as a result of the cancellation or
postponement of the annual holiday.
1976-77, c.36, s.33; R.S.S. 1978, c.L-1, s.33;
1994, c.39, s.21.
Procedure when public holiday occurs during annual holiday
34 Where one or more public holidays as defined in Part VI of this Act occur
during the period of any annual holiday that an employee has been permitted by
his employer to take under this Act:
(a) the period of that annual holiday shall be increased by one working day
in respect of each such public holiday; and
(b) the employer shall pay to the employee, in addition to the annual holiday
pay that the employee is entitled to receive, the wages that he is entitled to be
paid for each such public holiday.
1976-77, c.36, s.34; R.S.S. 1978, c.L-1, s.34.
24
c.L-1 LABOUR STANDARDS
Termination of employment
35(1) If the employment of an employee terminates, the employer of the employee
shall, within fourteen days after the effective date of termination, pay to the
employee the annual holiday pay to which he or she is entitled pursuant to this Act.
(2) If the employment of an employee terminates, the employee is entitled to
annual holiday pay calculated in accordance with section 33 with respect to all total
wages earned by the employee with respect to which the employee has not
previously been paid annual holiday pay.
(3) Subsection (2) applies whether or not an employee has completed a year of
employment.
1976-77, c.36, s.35; R.S.S. 1978, c.L-1, s.35;
1994, c.39, s.22; 2005, c.20, s.4.
Period of notice not part of annual holiday
36 Where an employer or an employee gives notice of termination of the
employment of the employee:
(a) the period or any part of the period of the notice shall not form part of any
annual holiday to which the employee is entitled; and
(b) payment to the employee of all or part of the annual holiday pay on
account of any annual holiday to which he is entitled is not payment for the
period of notice referred to in clause (a).
1976-77, c.36, s.36; R.S.S. 1978, c.L-1, s.36.
Agreement to forego annual holiday
37(1) Notwithstanding any other provision of this Act, an employer and an
employee may enter into a written agreement to the effect that, because of shortage
of labour, the employee will not take an annual holiday to which he is entitled
under section 30.
(2) Where a written agreement made by an employer and employee pursuant to
subsection (1) is filed with the director:
(a) the employer is not subject to section 31 with respect to that employee;
and
(b) the employer shall, within twelve months after the date on which the
employee became entitled to an annual holiday, pay to the employee the
annual holiday pay to which he is entitled in respect of the annual holiday.
1976-77, c.36, s.37; R.S.S. 1978, c.L-1, s.37.
Full- and part-time, casual, temporary or seasonal employees in Saskatchewan are entitled to a holiday (vacation) equal to three weeks after 12 months worked. This increases to four weeks after 10 years with the same employer.
• Holidays should be scheduled by mutual agreement although a final decision is up to the employer, who must give you at least four weeks' written notice.
• You are entitled to take all of your annual holiday in a single period.
• Your holiday pay is calculated as a percentage (six per cent; eight per cent after 10 years) of your wages, which include bonuses, overtime, commissions, annual holiday pay and any other payment for services.
• With the agreement of your employer and Labour Standards (government department), you can relinquish your holiday but must still receive holiday pay.
• If your employer cancels your holiday, you must be reimbursed for expenses such as lost deposits, penalties, etc.
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