Employment Law/Vacations & Vacation Pay
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Which employees are exempt from receiving annual vacations and vacation pay?
Exempt employees under the Employment Standards Code:
- farm or ranch workers;
- salespersons who solicit orders, principally outside of the employer's place of business, who are fully or partly paid by commission (this does not apply to route salespersons);
- licensed salespersons of real estate, insurance, and securities;
- extras in a video or film production;
- employees covered by other laws (for example, academic staff, dentists);
- municipal police officers.
Do I have to work for my employer for a certain amount of time before I can get vacations or vacation pay?
You will begin to accumulate years of service when you start your job, so that after one year of working, you are entitled to two weeks of paid holiday.
I work at a supermarket part-time. Do I qualify for vacations and vacation pay?
Yes.
What is the minimum vacation time that I am entitled to as an employee?
The Employment Standards Code provides for a minimum of two weeks vacation after 12 months of employment and a minimum of three weeks after five years of employment. Your employer can always agree to give you more than the minimum.
My boss wants all the employees to calculate their vacation from the same day in the year. Can he do this?
Yes, provided that no employees lose any entitlement to vacation time as a result of introducing a common anniversary date.
When must vacation time be given?
Usually the employer will use the start date of employment as the anniversary from which to date vacations. You will then be able to take vacation in the twelve-month period following the anniversary date. For example, if you start work on October 1, 2007, you will be able to take your first vacation any time after October 1, 2008.
I would like to take some vacation before my first 12 months of work is done. Can I do this?
You will only be able to do so if your employer agrees. The law will not require your employer to agree.
What happens if my employer and I cannot agree when my vacation time will be taken?
If you cannot agree, your employer must give you two weeks written notice of when to take the vacation and you will have to take it at that time.
How is vacation pay calculated for salaried employees who are paid monthly?
For each week of vacation, you are to receive wages that are equal to your monthly salary, divided by 4.333.
For example:
- If you are paid $2,000 per month, your weekly wage is: $461.57 ($2,000 divided by 4.333).
- Therefore, your weekly vacation pay is: $461.57.
- If you take two weeks of vacation, your vacation pay will be: $923.14.
How is vacation pay calculated if you are paid by commission or other incentive-based pay?
If you are taking two weeks vacation, vacation pay is four percent of wages earned between your vacation anniversary dates in the previous year. For example, if your vacation year is from January 1st until December 31st and you are taking a vacation in 2007, your vacation pay will be four percent of your wages between January 1, 2006 and December 31, 2006.
If you are taking three weeks vacation, vacation pay is six percent of wages earned between your vacation anniversary dates in the previous year. For example, if your vacation year is from January 1st until December 31st and you are taking a vacation in 2007, your vacation pay will be six percent of your wages between January 1, 2006 and December 31, 2006.
Is vacation pay based on my total earnings?
Vacation pay is based on your wages including
- salary,
- hourly pay,
- commissions and other incentive-based pay, and
- pay for time off given in place of overtime worked.
It does not include
- overtime pay,
- general holiday pay,
- termination pay,
- expenses or allowances,
- tips or other gratuities, or
- unearned bonuses.
Vacation pay is added as wages in order to calculate the next year's vacation pay.
Can I get my vacation pay before my vacation?
Your employer is not obliged to pay it to you before the next regular payday after the vacation begins, unless you request it to be sooner. If you make a request, it must be paid at least one day before your vacation. If no request is made, it must be paid by the next regular payday.
Can I choose not to take vacation?
No. Employers have to give vacation and employees must take it.
If I am entitled to three weeks vacation, can I take it all at the same time?
Yes. Your employer may also allow vacation in shorter periods of not less than one day if you make a written request.
More Information
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This page was last updated in June, 2006.
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