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10 vacation time and pay myths

Employment standards legislation – particulary in Ontario – makes vacation more complicated than many employers appreciate

By Stuart Rudner

This week, I address 10 myths and misunderstandings that exist regarding the entitlement to vacation time and pay.

Vacation time versus vacation pay

In some jurisdictions, vacation time and vacation pay are two distinct concepts. For example, in Ontario the two concepts are distinguished in the Employment Standards Act. Under that act, employees earn a minimum of two weeks of vacation time for every complete 12 month “vacation entitlement year.” Since the vacation time is only earned after completion of a 12-month period of work, an employee is not entitled, by statute, to vacation time during their first year of employment. However, the parties can negotiate a greater benefit. Under the same act, however, employees are entitled to receive a minimum of four per cent of the gross “wages” they earn in every vacation entitlement year. This applies even in the first year of employment.

More than just base salary

Vacation pay is not only calculated using base salary. In Ontario and other jurisdictions, “wages” on which vacation pay is to be calculated include base pay, commissions, non-discretionary bonuses, overtime pay, holiday pay, termination pay, allowances for room and board, et cetera. However, they do not include tips and gratuities, discretionary bonuses, and expenses.

Many employers make the mistake of not paying vacation pay when they pay out bonuses. This is a common practice, but does create a risk of liability.

First year of employment

There is no statutory entitlement to vacation in the first year, as set out above. According to the Employment Standards Act and similar legislation, vacation pay is earned after completion of the first year of employment.

Employers can pick vacation time

Employers are entitled to choose when employees take their vacation time. While they must do so reasonably, employers are entitled to designate the times in which employees will take their vacation (subject to regulations regarding minimum length, so that employers cannot order an employee to take 10 single days scattered throughout the year, for example). Furthermore, many employers encounter employees who refuse to take their vacation time, perhaps hoping they can bank it (see below). Employers can insist they take their vacation when it is accrued.

Accrual of vacation time

Many employers fall into the trap of allowing their employees to accrue vacation time year after year. The result is that what seems like a reasonable accommodation of workload ends up providing an employee with an extensive vacation entitlement which the employer cannot afford to provide. Employers should establish clear policies regarding accrual of vacation time.

‘Use it or lose it’ policies

Employers cannot adopt a “use it or lose it” policy regarding the statutorily required amount of vacation. While employers can compensate for time not taken, they cannot adopt a “use it or lose it” policy with respect to the statutory minimum amount of vacation. However, they can do so for any entitlement to vacation beyond the statutory minimum.

Options for paying vacation pay

Employers have a variety of options regarding how they will pay vacation pay. Some employers simply add the applicable percentage of earnings to every paycheque. Others pay their employees when they are taking vacation time. Still others simply pay a lump-sum amount at the completion of the vacation entitlement year. Employers should explore their options in order to confirm they are operating as efficiently as possible in this regard.

Termination of employment

If the employment relationship ends, employees are entitled to be compensated for any earned vacation pay that has not already been paid. This must be paid out within seven days of the termination of employment, or on the next regular pay day, whichever is later.

Statutory  holidays

If an employee is on vacation on a statutory holiday, they are entitled to a substitute day off with holiday pay, unless they agree otherwise.

Leaves of absence

Leaves of absence count as time employed for the purposes of accruing vacation.

The concept of an annual vacation seems simple. However, particularly in Ontario, the legislation makes the provision of vacation pay and vacation time more complicated than many employers appreciate. All organizations should review their practices in order to ensure they are both compliant with the applicable legislation and also acting in a way that is most efficient and cost effective when it comes to vacation.

Stuart Rudner is a partner with Miller Thomson LLP in Ontario, specializing in employment law. He provides clients with strategic advice regarding all aspects of the employment relationship, and represents them before courts, mediators and tribunals. He is author of You’re Fired: Just Cause for Dismissal in Canada, published by Carswell. He can be reached at (905) 415-6767 or srudner@millerthomson.com. You can also follow him on Twitter @CanadianHRLaw, join his Canadian Employment Law Group on LinkedIn, and connect with him on Google+.

Stuart Rudner

Stuart Rudner, Employment Lawyer and MediatorStuart Rudner is the founder of Rudner Law (RudnerLaw.ca), a firm specializing in Employment Law and Mediation. He can be reached at stuart@rudnerlaw.ca, (416) 864-8500 or (905) 209-6999, and you can follow on Twitter @RudnerLaw.
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461 Comments
  • Vacation time in first year of employment
    Friday, June 24, 2016 9:52:00 AM by Stuart Rudner
    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • TERMINATION
    Friday, June 24, 2016 9:50:00 AM by Stuart Rudner
    Generally speaking, if vacation time is taken before it is accrued, then if the employee is dismissed or leaves, they would have to repay the excess amounts. If you are uncertain, then As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you
  • My company wont pay me out my holiday pay
    Friday, June 24, 2016 9:48:00 AM by Stuart Rudner
    David, your right to be paid out will depend on the applicable contract and policies/practices. If you would like, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Accrued vacation pay and leave of absence
    Friday, June 24, 2016 9:47:00 AM by Stuart Rudner
    Marie, accrued vacation pay must be paid at certain times. I suggest that you contact your Ministry of Labour if you are uncertain.
  • downtime
    Friday, June 24, 2016 9:46:00 AM by Stuart Rudner
    Jenn, this will depend on your contract and any policies or practices in place.
  • Is vacation paid out at the rate earned?
    Tuesday, June 7, 2016 6:59:00 PM by Stuart Rudner
    Jenny, this will depend upon what the parties have agreed in relation to accrual of unused vacation time (presumably beyond the statutory requirements).
  • Can you take vacation before you've earned it
    Tuesday, June 7, 2016 6:57:00 PM by Stuart Rudner
    Kim, that is permissible if the employer agrees. They can also agree that if this occurs, and the employment relationship ends before the vacation entitlement accrues, it must be paid back.
  • Vacation upon retirement
    Tuesday, June 7, 2016 6:56:00 PM by Stuart Rudner
    Normally, that would not be required. However, sometimes employers will allow employees to leave early, before their official last day, by using accrued vacation.
  • Question about vacation when on sick leave
    Tuesday, June 7, 2016 6:54:00 PM by Stuart Rudner
    J, you would typically be entitled to vacation time accrued while off, but not vacation pay. However, every jurisdiction is a little different. As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour.
  • Salary Employees and Stat Holidays
    Tuesday, June 7, 2016 6:53:00 PM by Stuart Rudner
    Tyler, if you miss the shift before or after a stat holiday without a valid reason, you may lose your rights relating to the holiday. I suggest asking your Ministry.
  • Question about vacation time
    Thursday, May 12, 2016 9:27:00 AM by Stuart Rudner
    Michael, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you
  • Pregnancy
    Thursday, May 12, 2016 9:26:00 AM by Stuart Rudner
    Natalia, you should not suffer any adverse consequences because of the fact that you are pregnant or taking leave. As a result, generally speaking your vacation should not be canceled as a result.
  • 10 vacation time and pay myths
    Thursday, May 12, 2016 9:25:00 AM by Stuart Rudner
    Dave, you should always provide reasonable notice of resignation. That said, any accrued vacation pay is still owing to you even if you do not provide reasonable notice, unless there are other extenuating circumstances.
  • Part time vacation entitlement
    Sunday, May 1, 2016 7:43:00 PM by Stuart Rudner
    Mary, your entitlement will depend which jurisdiction you are in. Generally, an employer is entitled to determine when employees take vacation. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • hours work for earn holidays
    Sunday, May 1, 2016 7:42:00 PM by Stuart Rudner
    Wilbert, vacation is accrued over time. For example, an individual that accrues 4 weeks per year but is let go 6 months into a year will only have accrued 2 weeks. If they have taken more, they may have to pay it back. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • My employer was giving me vaction pay then took it away
    Sunday, May 1, 2016 7:41:00 PM by Stuart Rudner
    Alex, unless there was truly an error, they cannot just take money away from you. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • my son is part time worker
    Sunday, May 1, 2016 7:39:00 PM by Stuart Rudner
    Sonya, just because someone works part time, that does not automatically mean they do not get vacation time and vacation pay. As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Employer refusing to compensate for unused earned vacation
    Tuesday, April 5, 2016 5:12:00 PM by Stuart Rudner
    Hi Sarah,

    As the post discusses, it is very difficult to contract out of the statutory two weeks of vacation. I would suggest either checking your provincial Ministry's website or calling them directly.
  • Employer wanting to bank days
    Wednesday, March 23, 2016 11:06:00 PM by Stuart Rudner
    Hi. As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Can an employer deduct a vacation day as a disciplinary measure?
    Wednesday, March 23, 2016 11:05:00 PM by Stuart Rudner
    Erin, I am not aware of any legal basis for deducting vacation entitlement as a means of discipline. As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Losing vacation days to care for sick children.
    Wednesday, March 23, 2016 11:04:00 PM by Stuart Rudner
    Maria, your rights will depend upon the jurisdiction that you are in, as well the size of your employer. As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Vacation Pay
    Wednesday, March 23, 2016 11:01:00 PM by Stuart Rudner
    Radha, you will need to calculate what is owing in accordance with the Ministry guidelines. Our firm would be pleased to assist you in that regard; feel free to reach out to me at srudner@rudnermacdonald.com.
  • 10 vacation time and pay myths
    Tuesday, March 22, 2016 8:14:00 PM by Stuart Rudner
    Dee, you cannot typically work for both and if you work for one company while on vacation from another, you may well be dismissed from the latter.
  • Can an employer reduce vacation when on an averaging agreement
    Tuesday, March 22, 2016 8:13:00 PM by Stuart Rudner
    Katherine I am not sure I fully understand but I do suggest that you contact your Ministry of Labour to get their comments.
  • Can an employer reduce vacation when on an averaging agreement
    Tuesday, March 22, 2016 8:13:00 PM by Stuart Rudner
    Katherine I am not sure I fully understand but I do suggest that you contact your Ministry of Labour to get their comments.
  • Can you forfeit statutory holidays if your employer offers a financial incentive?
    Wednesday, March 2, 2016 9:37:00 PM by Stuart Rudner
    I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you
  • Vacation period
    Wednesday, March 2, 2016 9:35:00 PM by Stuart Rudner
    If I understand correctly, there is a portion of the year that is blacked out for vacation. The employer can determine when employees take vacation, and is long as there is reasonable opportunity to do so, I see no issue.
  • Part Time vacation entitlement
    Wednesday, March 2, 2016 9:33:00 PM by Stuart Rudner
    Mary, as the article sets out, vacation time and vacation pay are separate in Ontario. Receiving vacation pay does not remove entitle to vacation time.
  • Emploer Willfully Holding Back Vacation Pay
    Wednesday, March 2, 2016 9:30:00 PM by Stuart Rudner
    Frances, I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you
  • in lieu of benefits and vacation pay
    Wednesday, March 2, 2016 9:27:00 PM by Stuart Rudner
    I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you
  • Weekend considered as vacation
    Wednesday, March 2, 2016 9:26:00 PM by Stuart Rudner
    Janice, I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you
  • Confused about vacation time vs vacation pay
    Wednesday, March 2, 2016 9:25:00 PM by Stuart Rudner
    Lisa, vacation pay is calculated based on your earnings in prior weeks, so it is not based simply on "standard" weeks.
  • Lost Vacation Hours / Can't get pay out
    Wednesday, March 2, 2016 9:24:00 PM by Stuart Rudner
    John, I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Accruing Vacation Time
    Sunday, February 28, 2016 6:53:00 PM by Stuart Rudner
    Michelle, you have to be provided with an opportunity to take your vacation. As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • HELP
    Sunday, February 28, 2016 6:52:00 PM by Stuart Rudner
    Gareth, as a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Employer still owes my vacation pay
    Saturday, January 30, 2016 10:41:00 AM by Stuart Rudner
    The most cost effective way to enforce your rights is to contact your ministry. If that doesn't work then let me know.
  • Stat Holidays for Virtual/remote employees
    Wednesday, January 27, 2016 6:36:00 PM by Stuart Rudner
    Daisy, in most cases, an employee will be governed by the legislation in the jurisdiction where they are based, which in your case sounds like it will change to BC. If you want advice on your specific situation, I suggest contacting the Ministry of Labour.
  • under what circumstance can my employeer take away my vacation pay?
    Wednesday, January 27, 2016 10:47:00 AM by Stuart Rudner
    Kyle, you cannot lose vacation pay. Vacation time can be lost in limited circumstances, but you must get the minimum required by law.
  • Amount of time off to take for an appointment
    Wednesday, January 27, 2016 10:46:00 AM by Stuart Rudner
    Catherine, unless your contract or policies in your workplace allow for such time off, you are not necessarily entitled to it. Your employer is entitled to dictate such terms in most cases, though every situation must be assessed based on its particular circumstances.
  • when you are on salary, can you be denied holidays.
    Tuesday, January 26, 2016 7:12:00 PM by Stuart Rudner
    Camille, everyone is entitled to vacation and holidays. I suggest that you either contact the Ministry or contact me directly for a consultation.
  • Holidays
    Wednesday, January 20, 2016 10:59:00 PM by Stuart Rudner
    Celia, individuals don't lose out on statutory holidays just because they are on vacation. Check with your local Ministry, but one way or another, you should get more than your two weeks.
  • Severenace Pay
    Sunday, January 17, 2016 11:30:00 AM by Stuart Rudner
    Reece, I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.
    You can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Termination letter states no vacation pay?
    Sunday, January 17, 2016 11:29:00 AM by Stuart Rudner
    Jay, any accrued vacation time or pay must be paid out at termination. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Vacation Time and Vacation Pay
    Sunday, January 17, 2016 11:28:00 AM by Stuart Rudner
    Preety, employers must provide the statutorily required vacation time except in very limited circumstances. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Vacation pay not paid
    Sunday, January 17, 2016 11:26:00 AM by Stuart Rudner
    I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail.

    As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Vacation requests continually denied
    Sunday, January 17, 2016 11:25:00 AM by Stuart Rudner
    Beam, employers must provide vacation time, but they can determine when. However, it must be feasible. As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that fails, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Vacation pay not paid for 5 years
    Sunday, January 17, 2016 11:23:00 AM by Stuart Rudner
    Gina, as a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If that does not help, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • vacation
    Sunday, January 17, 2016 11:22:00 AM by Stuart Rudner
    Mike, I would be very careful about taking more time off than you are entitled to, as that could result in discipline or dismissal unless your employer agrees.
  • Does Vacation Pay Accrue while on STD?
    Sunday, January 17, 2016 11:21:00 AM by Stuart Rudner
    Dana, I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour.

    If that doesn't, help, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Worked for 2.5 years, left job for 4 months. Back for 9 years
    Sunday, January 17, 2016 11:20:00 AM by Stuart Rudner
    Leah, vacation entitlement does not necessarily increase with seniority.As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour.

    If that doesn't help, you can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • maternity leave loss of vacation time
    Sunday, January 17, 2016 11:17:00 AM by Stuart Rudner
    Amy, I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. As a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour.

    You can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Employer attempting to take away Vacation pay not used after the year is up
    Sunday, January 17, 2016 11:16:00 AM by Stuart Rudner
    Shane, I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can contact me at srudner@rudnermacdonald.com, so we can schedule a consultation with a member of my firm and discuss how we can help you.
  • Can employer force you to take a pay out in lieu of granting your vacation time to you?
    Monday, January 11, 2016 9:12:00 AM by Stuart Rudner
    Veronica, while employers can determine when employees take vacation, they have to ensure that it is possible to do so. I encourage your husband to contact me at srudner@rudnermacdonald.com.
  • Earned Vacation Being Clawed Back
    Monday, January 11, 2016 9:10:00 AM by Stuart Rudner
    Anne, every case must be assessed on its own particular facts and I cannot provide a legal opinion in this forum, but you and your colleagues may well have a legitimate claim. Our firm would be happy to help you. Please email me at srudner@rudnermacdonald.com to arrange a consultation.
    Stuart
  • No sick benefits and medical EI - being forced to use vacation
    Thursday, January 7, 2016 3:51:00 PM by Stuart Rudner
    Sue, every situation is different, but unless there is an entitlement to sick leave, then he may have to use vacation. Is disability coverage available?
    If our firm can help, feel free to contact me at srudner@rudnermacdonald.com.
  • 10 vacation time and pay myths
    Wednesday, January 6, 2016 1:43:00 PM by Stuart Rudner
    Thanks for your comments Tammy. The challenge is that every employer deals with this differently. Some offer paid vacation time in the first year. Some pay vacation pay on each paycheque, others pay when the individual takes vacation time. It can be very confusing.
    Stuart
  • 10 vacation time and pay myths
    Saturday, December 26, 2015 1:35:00 PM by Stuart Rudner
    I definitely suggest asking the ministry to confirm you ate receiving all you are entitled to.
  • Employer refuses to pay Vacation Pay
    Thursday, December 17, 2015 9:19:00 AM by Stuart Rudner
    Daniel, as a starting point and in order to avoid legal fees if possible, I suggest that you contact your Ministry of Labour. If they cannot help, then our firm can. You can reach me at srudner@rudnermacdonald.com.
  • Employer Not Paying Every Paycheck
    Thursday, December 17, 2015 9:18:00 AM by Stuart Rudner
    Gaby, I suggest that you contact your Ministry of Labour.
  • Instituting Policy Regarding Usage Of Vacation Pay
    Thursday, December 17, 2015 9:17:00 AM by Stuart Rudner
    Hi Ken,

    We often work with employers to put policies in place so they can control this type of behaviour. If you would like to have a brief chat about how we can help you, feel free to email me at srudner@rudnermacdonald.com.
    Stuart
  • Employer not updating vacation time
    Sunday, December 6, 2015 10:33:00 AM by Stuart Rudner
    Keegan, vacation time must be provided by deadlines established in the legislation. For example, in Ontario it must be taken within 10 months of the vacation year or period in which it is earned.
  • Employees not paid vacation pu
    Saturday, December 5, 2015 11:30:00 AM by Stuart Rudner
    Hi.

    I suggest that you contact your Ministry of Labour.
  • Never paid vacation pay
    Saturday, December 5, 2015 11:27:00 AM by Stuart Rudner
    Mike, you should contact your Ministry about the overtime issue. If you think you may have a constructive dismissal claim, you should contact an employment lawyer. You can reach me at srudner@rudnermacdonald.com.
  • Not paying for stat holidays
    Tuesday, December 1, 2015 10:49:00 PM by Stuart Rudner
    Marl, that certainly does not sound right. You should contact the Ministry or an employment lawyer.
  • Paycheck during vacations
    Monday, November 30, 2015 1:02:00 PM by Stuart Rudner
    Farhan, there is nothing illegal about what you propose but obviously the employer would be taking some risk by effecting lending this money to the employee. I recommend that they seek legal advice so that they can document the agreement and protect their rights.
  • Sallary and vacation pay
    Sunday, November 29, 2015 10:02:00 PM by Stuart Rudner
    Angi, the entitlement to vacation time is unpaid, but you are also entitled to vacation pay. Some employers simply continue salary payments during vacation.
  • Forced to take vacation time payout
    Sunday, November 29, 2015 10:01:00 PM by Stuart Rudner
    Shelley, there are specific timelines within which employees must be given vacation time. I suggest that you contact the Ministry of Labour.
  • Mat Leave and stat holidays
    Sunday, November 29, 2015 10:00:00 PM by Stuart Rudner
    Shannon, I suggest that you contact the Ministry of Labour.
  • Vacation pay after parental leave.
    Sunday, November 29, 2015 9:55:00 PM by Stuart Rudner
    Andrew, if she has been off work for a year it is unlikely that she would receive vacation pay but you should confirm with your Ministry of Labour.
  • Vacation pay after parental leave.
    Sunday, November 29, 2015 9:55:00 PM by Stuart Rudner
    Andrew, if she has been off work for a year it is unlikely that she would receive vacation pay but you should confirm with your Ministry of Labour.
  • Payroll continuance
    Saturday, November 21, 2015 8:33:00 PM by Stuart Rudner
    Patrick, vacation pay continues to accrue during the statutory notice period but not beyond that.
  • I quit, will I get my vacation accrued?
    Wednesday, November 4, 2015 9:24:00 PM by Stuart Rudner
    Kim,
    Part time employees are typically entitled to vacation pay. I suggest contacting your ministry.
  • Vacation pay for salaried employees
    Monday, October 26, 2015 9:21:00 AM by Stuart Rudner
    Debbie, vacation pay can be added to each paycheque, in which case you don't also get paid during the vacation. I suggest that you either contact the Ministry or speak with a lawyer to ensure that you are getting what you are entitled to.
  • Vacation pay every check, not allowed to take time off
    Monday, October 26, 2015 9:19:00 AM by Stuart Rudner
    George, I suggest that you contact the Ministry so they can help you understand your rights.
  • Denial of vacation time?
    Monday, October 26, 2015 9:19:00 AM by Stuart Rudner
    JJ, it sounds like you need someone to help ensure that your rights are protected. We would be pleased to assist you - you can email me at srudner@rudnermacdonald.com.
  • Employee changing policy!
    Monday, October 26, 2015 9:16:00 AM by Stuart Rudner
    Alicia, sometimes companies try to change their vacation policies. That is not necessarily unlawful, but it is important that the employees understand their rights. We would be pleased to assist you - you can email me at srudner@rudnermacdonald.com.
  • Am I entitled to receieve my vacation pay
    Monday, October 26, 2015 9:15:00 AM by Stuart Rudner
    Katherine, the entitlement to vacation pay usually commences immediately. You should contact the Ministry.
  • Holidays
    Wednesday, October 14, 2015 11:22:00 PM by Stuart Rudner
    Gabriela, in Ontario an employee accrues vacation time during the first year of employment which can be used after that. However, vacation pay is required in the first year.
  • Vacation time
    Wednesday, October 14, 2015 11:16:00 PM by Stuart Rudner
    Sherry, every jurisdiction has its own rules regarding minimum vacation entitlement. For example, in Ontario it is two weeks per year. I suggest that you contact your Ministry of Labour if you are unsure of your rights.
  • 10 vacation time and pay myths
    Wednesday, October 14, 2015 11:15:00 PM by Stuart Rudner
    Adrian, I would suggest that you start by contacting your Ministry of Labour and seeking their assistance.
  • Forced vacation time
    Monday, August 31, 2015 1:58:00 PM by Stuart Rudner
    Cheryl, much will depend upon your jurisdiction, contract and employer policies. You may not be entitled to paid time off for the illness of a child, so using vacation may allow you to be paid for your time off. You should get proper advice based upon your situation.
  • Unlimited vacation and termination
    Monday, August 31, 2015 1:57:00 PM by Stuart Rudner
    James, if your employer truly offers unlimited, with no strings attached, then you would not have to repay any vacation you take. However, unlimited vacation usually has some conditions in place.
  • part-time worker and vacation time
    Monday, August 31, 2015 1:56:00 PM by Stuart Rudner
    Jennifer, part-time employees cannot take vacation whenever they like. They must follow the rules or policies in place regarding scheduling of vacation, like any other employee.
  • Can an employer deny vacation pay
    Monday, August 3, 2015 5:57:00 PM by Stuart Rudner
    Amanda, there are different ways to pay vacation pay, and it can be acceptable to hold off until the person takes vacation in some circumstances. I suggest calling the Ministry of Labour.
  • Boss provide signed approval for vacation time and verbally revoked it the next day
    Thursday, July 23, 2015 5:12:00 PM by Stuart Rudner
    Scott, that is far too complex an issue to respond to here. I suggest that if you are thinking of proceeding as you suggest, you consult an employment lawyer first.
  • Termination and Already Used Vacation Time
    Thursday, July 23, 2015 5:11:00 PM by Stuart Rudner
    Steven, if you take vacation before you earn it, then it will usually have to be paid back.
  • Question about Vacation Years
    Thursday, July 23, 2015 5:11:00 PM by Stuart Rudner
    Andrew, this will depend on your contract and also the jurisdiction, but typically, vacation for a particular year can be taken during the following year. You should contact the Ministry.
  • vacation accrual while on LTD
    Thursday, July 23, 2015 5:08:00 PM by Stuart Rudner
    Marie, it is difficult to answer without knowing all the details. You may want to contact your Ministry of Labour.
  • not paid for paid vacation time
    Thursday, July 23, 2015 5:08:00 PM by Stuart Rudner
    Jono, I suggest that your friend contact the Ministry or an employment lawyer.
  • Notice period coincides with previously scheduled vacation time off
    Wednesday, July 15, 2015 8:36:00 AM by Stuart Rudner
    If you had previously scheduled vacation time, then you should be able to use that as part of your notice of resignation. However, the obligation to provide notice is based on the individual and their role, so it will depend on the circumstances.
  • Vacation Prior to 1 Year
    Wednesday, July 15, 2015 8:34:00 AM by Stuart Rudner
    Joel, it sounds like you need some good advice as to your rights and obligations. The simple answer is that vacation time is not required in the first year of employment (in Ontario) but you can always offer more than the minimum. Our firm often works with smaller employers to help them understand their rights and obligations. You can reach me at srudner@rudnermacdonald.com.
  • Retro Vacation Pay
    Wednesday, July 15, 2015 8:32:00 AM by Stuart Rudner
    Ashley, this will depend upon the nature of the purchase as well as the terms of the agreement between you and the vendor. The company must comply with legislation; however, perhaps you can pursue the vendor for any costs. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Holiday pay
    Wednesday, July 15, 2015 8:31:00 AM by Stuart Rudner
    Luciana, I would suggest that you work with an employment lawyer to properly understand your obligations so that you do not expose yourself to liability. You can reach me at srudner@rudnermacdonald.com if you would like to do so.
  • 10 vacation time and pay myths
    Wednesday, July 15, 2015 8:29:00 AM by Stuart Rudner
    Jessica, the rest days are usually not relevant since you would not usually work them anyway. For this type of inquiry, I recommend contacting the Ministry of Labour.
  • Unpaid Vacation from 2014
    Wednesday, July 15, 2015 8:28:00 AM by Stuart Rudner
    Nyame,

    As a starting point you may want to contact the Ministry's enforcement department to see if they can help you get your accrued vacation pay. If you would like to retain our firm to assist you, you can reach me at srudner@rudnermacdonald.com.
  • Accidental Accural of Vacation Time
    Sunday, June 28, 2015 9:46:00 AM by Stuart Rudner
    Franklin, I suggest that you start by contacting the Ministry of Labour right away to get their input. If you are not able to help you and you cannot work something out with your employer, we can schedule a consultation; you can email me at srudner@rudnermacdonald.com.
  • Use it or lose it??
    Friday, June 26, 2015 9:37:00 AM by Stuart Rudner
    Susan, The answer will depend somewhat on the jurisdiction that you're in. In most, there is a minimum requirement of two weeks of vacation per year. And as the article says, that amount cannot be forfeited except in very limited circumstances. You may want to contact you are in Ministry of labour.
  • Salary continuation and EI application
    Wednesday, June 24, 2015 6:57:00 PM by Stuart Rudner
    Rose, while you may not be eligible for EI benefits yet, there is no harm in opening a file.
  • Vacation used up before leave
    Wednesday, June 24, 2015 6:57:00 PM by Stuart Rudner
    Adam, in many cases, employees are not entitled to bereavement leave, so you may have to choose between unpaid time or use of vacation time. However, much will depend on your specific circumstance, as well as the jurisdiction you are in. You may want to contact your Ministry of Labour.
  • confused
    Wednesday, June 17, 2015 11:07:00 PM by Stuart Rudner
    Julie, I suggest that you contact your Ministry of Labour for assistance.
  • Vacation increases?
    Wednesday, June 17, 2015 11:03:00 PM by Stuart Rudner
    Dennis, if you have already obtained legal advice, then I suggest you follow it. Alternatively, though I cannot offer legal advice to you online, I would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • No vacation time or vacation pay!
    Wednesday, June 17, 2015 10:58:00 PM by Stuart Rudner
    Hi Sandi, You can try contacting the Ministry of Labour for assistance. Alternatively, I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Include Vac pay in Public Holiday Pay?
    Wednesday, June 17, 2015 10:56:00 PM by Stuart Rudner
    S, your local Ministry of Labour should be able to guide you in the calculations.
  • Salaried vacation pay
    Wednesday, June 17, 2015 10:55:00 PM by Stuart Rudner
    Josh, you may want to contact your Ministry of Labour to seek assistance.
  • Where is my question?
    Wednesday, June 17, 2015 10:54:00 PM by Stuart Rudner
    Val, please repost your question.
  • Lost Vacation Pay
    Wednesday, June 17, 2015 10:50:00 PM by Stuart Rudner
    Katherine, your situation is complex and it sounds like you need legal advice. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Vacation Pay Accural for Banked Hours
    Wednesday, June 17, 2015 10:49:00 PM by Stuart Rudner
    Ann, I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Accrual of Sick Time
    Wednesday, June 17, 2015 10:48:00 PM by Stuart Rudner
    John, the answers to your questions will depend upon the applicable policies and also the applicable legislation. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • 10 vacation time and pay myths
    Wednesday, June 17, 2015 10:46:00 PM by Stuart Rudner
    Kendall, generally speaking, if vacation time is taken before it is accrued, then it must be paid back. So a key question will be when you accrued the vacation time. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Stat holiday pay
    Wednesday, June 17, 2015 10:45:00 PM by Stuart Rudner
    Jenn, that is difficult to answer in the abstract. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Maternity Leave & Payback for LTD?
    Monday, June 1, 2015 8:58:00 AM by Stuart Rudner
    Jezz, generally speaking, benefits should continue during a parental leave as they are when the employee is working. So if you normally pay for them, then you should continue to do so. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • RESIGNATION
    Monday, June 1, 2015 8:46:00 AM by Stuart Rudner
    Tracy, generally speaking, the answer is yes - you should be paid. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Pay in lieu of vacation
    Monday, June 1, 2015 8:45:00 AM by Stuart Rudner
    Alison, everyone is entitled to vacation time and vacation pay. If you are getting 4% vacation pay on each paycheque, then it is likely that you will not be paid while on vacation. However, there may be other circumstances that I am not aware of. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Forced unpaid leave
    Monday, June 1, 2015 8:43:00 AM by Stuart Rudner
    KT, that would generally not be permissible, but it will depend upon the specific circumstances and legal relationship. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • 10% vaction pay deduction
    Monday, May 11, 2015 9:32:00 PM by Stuart Rudner
    Kevin, I have never heard of such a thing. If your son would like legal assistance, please have him contact me at srudner@rudnermacdonald.com.
  • Vacation pay increase accrual
    Tuesday, April 14, 2015 6:28:00 PM by Stuart Rudner
    Deb, vacation pay should match vacation time entitlement, so the changes should be simultaneous, depending on the manner in which you pay vacation pay.
  • 10 vacation time and pay myths
    Sunday, March 8, 2015 11:14:00 AM by Stuart Rudner
    Sidney, an employer is entitlted to decide when employees take vacation. The conduct you describe sounds like insubordination, and as an employer, you should impose discipline. We work with employers regularly to do so. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Part-Time Employee Vacation Increases
    Sunday, March 8, 2015 11:10:00 AM by Stuart Rudner
    Dennis, it will depend upon which jurisdiction you are in but six days seems low, as most provinces require at least two weeks. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Vacation pay not shown on T4
    Sunday, March 8, 2015 11:08:00 AM by Stuart Rudner
    Amanda, it is hard to know what your employer intends but you should ensure that you receive all that you are entitled to.
  • vacation pay
    Sunday, March 8, 2015 11:07:00 AM by Stuart Rudner
    Helen, vacation pay is a requirement unless an employer can somehow show that the provided an equal or greater benefit. I wouild suggest contacting either the Ministry or an employment lawyer. If you would like to meet with one of our lawyers, please email me at srudner@rudnermacdonald.com.
  • Vacation Back Pay
    Friday, February 13, 2015 12:22:00 PM by Stuart Rudner
    Craig, generally speaking you would not get paid vacation time and vacation pay as well. You may want to contact your Ministry of Labour to inquire.
  • Employer deducting from accrued vacation pay
    Sunday, February 8, 2015 9:47:00 AM by Stuart Rudner
    Gillian, as I have written in other posts, employees must give notice of termination. That said, an employer cannot, generally speaking, refuse to pay accrued wages or vacation pay because someone failed to do so. We would be pleased to advise you. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • retroactive pay
    Sunday, February 8, 2015 9:46:00 AM by Stuart Rudner
    Susan, employees must be paid for time worked. It sounds as though there is more to this situation. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • stat holiday during vacation time
    Sunday, February 8, 2015 9:43:00 AM by Stuart Rudner
    Sherry, every case has to be assessed in the context of its facts and the applicable legislation. As a starting point, you may want to contact the Ministry of Labour. Alternatively, our firm would be pleased to give you the advice you need. You can email me at srudner@rudnermacdonald.com.
  • taxes on vacation pay
    Monday, January 26, 2015 9:00:00 PM by Stuart Rudner
    Donna, you would generally only pay taxes on pay you have received. If you would like advice on your specific situation, you can contact me at srudner@rudnermacdonald.com.
  • Vacation pay owed
    Monday, January 26, 2015 8:59:00 PM by Stuart Rudner
    AK, generally speaking, if you were employed in Ontario then the Ontario legislation would govern. If you would like advice on your specific situation, you can contact me at srudner@rudnermacdonald.com.
  • First Year Employment, Vacation accrual vs Vacation Time
    Monday, January 26, 2015 8:58:00 PM by Stuart Rudner
    Erin, in Ontario, vacation time and vacation pay are independent. You are, generally speaking, entitled to vacation pay in your first year even if you are not entitled to vacation time.
  • Vacation pay out
    Monday, January 26, 2015 8:57:00 PM by Stuart Rudner
    David, every jurisdiction is slightly different. You may want to call the ministry of labour to inquire.
  • Unused vacation days while on short term disability
    Monday, January 26, 2015 8:54:00 PM by Stuart Rudner
    Lisa, it sounds like you need to see an employment lawyer in Quebec. I can recommend someone if you would like.
  • Make up sick days?
    Saturday, January 10, 2015 11:05:00 PM by Stuart Rudner
    Alex, every jurisdiction has specific legislation dealing with matters such as overtime and vacation. We would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • 10 vacation time and pay myths
    Saturday, January 10, 2015 11:03:00 PM by Stuart Rudner
    Vera, I would agree with you at a general level but cannot advise you without knowing all of the details. I would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Owed Vacation Pay?
    Wednesday, January 7, 2015 8:55:00 PM by Stuart Rudner
    Ann, if you are owed vacation pay but nothing else, the most cost-effective way to proceed may be to contact the Ministry of Labour or whatever body enforces employment standards in your jurisdiction. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Owed Vacation Pay?
    Wednesday, January 7, 2015 8:55:00 PM by Stuart Rudner
    Ann, if you are owed vacation pay but nothing else, the most cost-effective way to proceed may be to contact the Ministry of Labour or whatever body enforces employment standards in your jurisdiction. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • pay left after time has been taken
    Wednesday, January 7, 2015 8:54:00 PM by Stuart Rudner
    Jodie, if you have additional vacation time that has accrued but is not taken, your entitlement will depend on your contract or the applicable policy. Some workplaces have a "use it or lose it" policy. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Change in vacation/sick days
    Wednesday, January 7, 2015 8:53:00 PM by Stuart Rudner
    Nicole, a verbal agreement is binding, but the challenge is proving it. That said, presumably there would be records to show what your previous arrangement was. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Salaried Employee who just quit
    Wednesday, January 7, 2015 8:52:00 PM by Stuart Rudner
    V, whether an employee is paid by salary or hourly is irrelevant for purposes of vacation time. Your entitlement is determined by your contract and any applicable policies. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Vacation pay owing
    Monday, January 5, 2015 6:18:00 PM by Stuart Rudner
    Jenna, an employee who is dismissed or resigns is only entitled to be compensated for any vacation entitlement that has already accrued. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Earned Vacation Pay
    Friday, January 2, 2015 11:42:00 PM by Stuart Rudner
    Judie, the answer will depend somewhat on your jurisdiction and also on the employee's vacation entitlement. We would be pleased to provide proper advice; email me at srudner@rudnermacdonald.com if you would like to arrange for us to do so.
  • Vacation Pay earned
    Thursday, December 18, 2014 6:00:00 PM by Stuart Rudner
    Kath, vacation pay is to be paid out within specific timelines. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Involuntary Days Off
    Thursday, December 18, 2014 5:59:00 PM by Stuart Rudner
    Justine, much will depend upon your agreement and the policies in place. Generally speaking, an employer can determine when vacation is to be taken, but you should be entitled to vacation pay. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Owing days to employer
    Thursday, December 18, 2014 5:58:00 PM by Stuart Rudner
    Jeanine, if you have taken more time off than you are entitled to, you may be required to repay some wages. However, it will depend upon the specific circumstances. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Vacation time paid out at the end of the year
    Sunday, December 14, 2014 10:36:00 PM by Stuart Rudner
    Nichole, while I cannot offer advice online, I can tell you that in Ontario, vacation time and vacation pay are different concepts with different rules. Your employer cannot breach the Employment Standards Act by delaying payment of vacation pay beyond what is allowed by the Act. If you would like advice on your specific situation, we would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Please help!!! Sick days versus vacation days
    Friday, December 12, 2014 3:28:00 PM by Stuart Rudner
    Xiu, it certainly sounds as though you need legal advice. If you would like to meet with one of our lawyers, you can contact me at srudner@rudnermacdonald.com.
  • vacation time after switching from hourly to salary
    Thursday, December 11, 2014 9:46:00 AM by Stuart Rudner
    Ann, much will depend upon the contracts and policies in place. We can provide you with proper advice so you do not expose the organization to liability. Feel free to contact me at srudner@rudnermacdonald.com.
  • Unpaid Vacation time
    Thursday, December 11, 2014 9:45:00 AM by Stuart Rudner
    Alex, an employer does not, generally speaking, have a legal obligation to provide unpaid time off.
  • additional vacation time
    Thursday, December 11, 2014 9:41:00 AM by Stuart Rudner
    Kimberly, vacation pay is relative to vacation entitlement, and is 2% for every week.
  • Parental leave
    Thursday, December 11, 2014 9:40:00 AM by Stuart Rudner
    Kate, in many cases you will be entitled to vacation time at the end of your leave, but every case is fact and jurisdiction specific. One of our lawyers can provide a proper opinion if you would like - you can contact me at srudner@rudnermacdonald.com.
  • Paying out Part Time Employee's vacation pay
    Tuesday, November 11, 2014 9:27:00 PM by Stuart Rudner
    Jen, your questions raises a number of potential issues and questions. I would suggest that the affected employees contact an employment lawyer. If they would like, they can email me at srudner@rudnermacdonald.com.
  • Christmas Vacation
    Monday, November 10, 2014 9:38:00 AM by Stuart Rudner
    Rose, generally speaking, an employer can decide when vacation is to be taken, though most will work with the employees.
  • Banked overtime hours for vacation
    Monday, November 10, 2014 9:37:00 AM by Stuart Rudner
    Jordan,

    The Employment Standards Act in Ontario is drafted so that all overtime (beyond 44 hours in a week and subject to various exceptions) is compensated at a rate of 1.5:1. This is true whether the employee receives overtime pay or time off in lieu. The advance to time off is that, for the company, the cash outlay may be less and for the employee, they may prefer having the time off. By default, overtime pay is to be provided.
  • Short term disability
    Thursday, October 30, 2014 10:55:00 PM by Stuart Rudner
    Jon it certainly sounds as though you should meet with an employment lawyer and discuss whether you have a viable claim. I cannot offer legal advice to you online, but would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • Vacation Earned?
    Thursday, October 30, 2014 10:54:00 PM by Stuart Rudner
    Glenn, it does sound as though you may have lost out on some vacation entitlement, but I would have to obtain all of the background information and documentation before I can offer a legal opinion. I would be happy to arrange a consultation to explain your rights in detail. You can reach me at srudner@rudnermacdonald.com.
  • forced vacation close to xmas
    Wednesday, October 29, 2014 10:26:00 PM by Stuart Rudner
    Generally speaking, your employer cannot force you to take unpaid time off. If you would like to obtain advice regarding your particular situation, please contact me at srudner@rudnermacdonald.com.
  • Is it employers right to withhold
    Wednesday, October 22, 2014 10:38:00 PM by Stuart Rudner
    Trev,

    In Ontario, the statutory minimum is two weeks of vacation, regardless of length of service. Where are you located?
  • Docked for hours I worked
    Tuesday, October 21, 2014 9:55:00 PM by Stuart Rudner
    Arli,

    Generally speaking, you are to be paid for all time worked. If you would like advice regarding your specific situation, please contact me at srudner@rudnermacdonald.com to arrange a consultation.
  • Vacation time used for sickness
    Tuesday, October 21, 2014 9:54:00 PM by Stuart Rudner
    Overworked:

    Much will depend on the terms of your contract, be it written or verbal (though verbal terms are, of course, harder to enforce). Otherwise, it is true that employment standards legislation may not require vacation time in the first year.
    If you would like advice regarding your specific situation, please contact me at srudner@rudnermacdonald.com to arrange a consultation.
  • switch from contract to full time
    Wednesday, October 8, 2014 3:29:00 PM by Stuart Rudner
    I completed 16 momnths odf contract work and was then offered a company position, which I accepted. The company then stated they can keep my accrued vacation pay from my contract and apply it to my first years holidays as a copany employee. Does this make sense?

    Thomas, I am unclear as to whether you were a contractor or an employee previously. In any event, I'd be happy to advise you on your specific situation; you can email me at srudner@rudnermacdonald.com.
  • pay back my vacation hours
    Wednesday, October 8, 2014 3:29:00 PM by Stuart Rudner
    Geoff, generally speaking, if you took vacation time that had not yet been earned, it must be paid back when you leave. However, much will depend on the specific contract and policies in place. I'd be happy to advise you on your specific situation; you can email me at srudner@rudnermacdonald.com.
  • Can an employer choose when an employee takes his vacation?
    Wednesday, October 8, 2014 3:26:00 PM by Stuart Rudner
    My employer has asked that employees not take vacation time when we are busy ie. just before Christmas. Can we legally do this? Could we offer to pay him instead or accrue the time into the next year?

    Nancy, generally speaking, the employer has the right to determine when employees take vacation.
  • Are all businesses required to pay vacation pay?
    Wednesday, October 1, 2014 9:52:00 AM by Stuart Rudner
    hi,
    we own a small drywalling business that is incorporated, with 3 other employees besides myself and husband. are all businesses regardless of size required to pay vacation pay?

    Reigna, employment standards legislation governs all employers, regardless of size, industry, etc. I have worked with several companies in the construction industry to get their practices in line with the requirements and would be happy to work with you. You can reach me at srudner@rudnermacdonald.com.
  • Can sick leave affect severance payment?
    Tuesday, September 23, 2014 3:16:00 PM by Stuart Rudner
    Naz, it sounds as though you need to obtain legal advice for your specific situation.
  • Vacation Pay Back
    Tuesday, September 23, 2014 3:15:00 PM by Stuart Rudner
    Sarah, employees on parental leave generally have their employment continue and vacation usually continues to accrue, though each situation must be assessed on its own merits.
  • Resignation in first year
    Monday, September 15, 2014 5:35:00 PM by Stuart Rudner
    Angie, I do not understand why you were told that you "owed" the vacation days that you were directed to take. I would be happy to arrange a consultation with you to discuss the issue in detail. Feel free to contact me at srudner@rudnermacdonald.com.
  • Unpaid Vacation
    Monday, September 8, 2014 10:35:00 PM by Stuart Rudner
    Melanie, in Ontario, vacation time and vacation pay are separate concepts, and employees are entitled to both. You must take the statutory two weeks of vacation, in most cases, and as long as you receive vacation pay as required by statute, then it can be unpaid.

    If you would like to arrange a consultation to discuss your specific circumstances, please contact me at srudner@rudnermacdonald.com.
  • First year of worl
    Monday, September 1, 2014 7:36:00 PM by Stuart Rudner
    Nicole, typically, an agreement to have overtime banked would require that they be used within a certain period. Otherwise, they must be paid out. If you would like assistance with your specific situation, we can discuss offline.
  • Accruing Vacation while on STD
    Sunday, August 17, 2014 10:01:00 AM by Stuart Rudner
    Kristi, different rules apply to different forms of leave. Employees on parental leave continue to accrue vacation entitlement, but employees on disability leave typically do not. If you'd like to obtain advice regarding your specific situation, please contact me at srudner@rudnermacdonald.com.
  • A Doctors Return to Work Note after Vacation?
    Sunday, August 17, 2014 10:00:00 AM by Stuart Rudner
    Lee-Anne, I am a little confused because there would be no need for medical clearance to return to work from vacation. Was this a medical leave? If so, then requiring medical clearance may be appropriate. If you'd like to obtain advice regarding your specific situation, please contact me at srudner@rudnermacdonald.com.
  • lost vacation
    Sunday, August 17, 2014 9:59:00 AM by Stuart Rudner
    Ali, generally speaking, vacation entitlement accrues regardless of hours worked. If you'd like to obtain advice regarding your specific situation, please contact me at srudner@rudnermacdonald.com.
  • Sick While on Vacation
    Thursday, August 14, 2014 12:04:00 PM by Stuart Rudner
    Ravi, if an individual becomes ill while on leave, then it is not unusual to credit the vacation days back to them if they are entitled to sick days. There is no automatic entitlement to sick days.
    Please contact me at srudner@rudnermacdonald.com if you'd like to discuss your specific situation - it sounds like you need guidance going forward.
  • Vacation pay for partial days
    Monday, August 11, 2014 4:56:00 PM by Stuart Rudner
    Jim, vacation pay and vacation time do not necessarily go hand in hand. We'd be happy to work with you to advise you on your situation. If you're interested, please contact me at srudner@rudnermacdonald.com.
  • Use it or Lose it PTO
    Friday, August 8, 2014 9:24:00 AM by Stuart Rudner
    Mary, every situation is different and fact-specific but generally speaking, sick days that are not statutorily mandated can be offered on a use it or lose it basis. I'd be happy to discuss your specific situation offline if you'd like.
  • 10 vacation time and pay myths
    Wednesday, July 30, 2014 5:25:00 PM by Stuart Rudner
    Generally speaking, employers can determine when employees take vacation. However, there may be an implied policy that would impact their rights. If you would like to arrange a consultation, please contact me at srudner@rudnermacdonald.com.
  • Combining cheques
    Wednesday, July 30, 2014 5:24:00 PM by Stuart Rudner
    Debbie, I don't see any issue but your husband can always request that a lesser amount of taxes be withheld.
  • hi
    Monday, July 28, 2014 3:38:00 PM by Stuart Rudner
    Damara, I am not sure if I fully understand your question but it sounds like you should reach out an employment lawyer to protect your rights.
  • Vacation Pay on Overtime Worked
    Friday, July 18, 2014 10:42:00 AM by Stuart Rudner
    S, if this is purely an issue relating to payment of vacation pay on overtime, then your most cost-effective recourse would be through the Ministry of Labour. You may want to contact them directly.
  • Vacation Time Acured
    Thursday, July 10, 2014 10:50:00 PM by Stuart Rudner
    Hi Amanda,

    It sounds like you may have a claim to make, but everything is fact-specific. If you would like to discuss your situation off-line, please contact me at srudner@rudnermacdonald.com.
  • Use It Or Lose It
    Thursday, July 10, 2014 8:25:00 AM by Stuart Rudner
    Adam, every case is fact-specific and will depend upon a number of factors. If you'd like to discuss your particular situation offline, please contact me at srudner@rudnermacdonald.com.
  • Vacation Blackout
    Thursday, June 26, 2014 10:55:00 AM by Stuart Rudner
    Lori, generally speaking, employers can determine when vacation is to be taken. However, the specific circumstances of your situation may be different. If you'd like to arrange a consultation, please contact me at srudner@rudnermacdonald.com.
  • Vacation pay percentage rate
    Sunday, June 22, 2014 7:40:00 PM by Stuart Rudner
    Ruth, vacation pay is based on your vacation entitlement (i.e. 2 weeks, 3 weeks, etc) and not your length of service. It generally works out to 2% per week.
  • resignation during vacation
    Wednesday, June 18, 2014 10:23:00 PM by Stuart Rudner
    Hi, giving notice of resignation and taking vacation can be feasible but it will depend on the circumstances. If you would like to arrange a consultation, please email me at srudner@rudnermacdonald.com.
  • Vacation time for temp workers
    Tuesday, June 17, 2014 10:18:00 PM by Stuart Rudner
    Danielle, it sounds like you would be entitled to vacation, but of course it will depend upon all the circumstances. Feel free to contact me at srudner@rudnermacdonald.com if you want to arrange a consultation.
  • Other question
    Tuesday, June 10, 2014 6:55:00 PM by Stuart Rudner
    Kelly, generally speaking an employee's contract of employment continues during a period of notice of resignation. If you'd like to review your personal situation, please contact me at srudner@rudnermacdonald.com.
  • Contract workers are entitled to vacation pay too aren't they ?
    Sunday, June 8, 2014 10:14:00 PM by Stuart Rudner
    Perry, generally speaking, you cannot contract out of legislative requirements such as vacation pay. However, to discuss specifics, please contact me offline at srudner@rudnermacdonald.com.
  • Stat day confusion
    Sunday, June 8, 2014 10:13:00 PM by Stuart Rudner
    Daniel, part-time workers generally have the same rights as full-time workers. For specifics, please contact me offline at srudner@rudnermacdonald.com
  • vacation pay
    Thursday, May 22, 2014 9:38:00 PM by Stuart Rudner
    Allison, if this is an ongoing issue, you may be able to make a claim. Please contact me at srudner@rudnermacdonald.com.
  • No paid vaction
    Thursday, April 3, 2014 11:26:00 AM by Stuart Rudner
    I would be pleased to advise you and provide the help you need to understand your legal rights. Please contact me at srudner@rudnermacdonald.com.
  • 10 vacation time and pay myths
    Friday, February 7, 2014 7:58:00 AM by Stuart Rudner
    Kara, you would need to consult with a lawyer to get advice on your specific situation. I'd be happy to advise if I can.
    Stuart
  • Vacation Entitlement
    Sunday, December 1, 2013 9:20:00 PM by Stuart Rudner
    Hi L.A.,

    As you acknowledge, I can’t provide you with advice online. I encourage you to contact me at srudner@rudnermacdonald.com in order to arrange a consultation.

    Generally speaking, employers are entitled to decide when employees take vacation, though their rights cannot be exercised improperly.
  • Vacation
    Wednesday, November 27, 2013 10:46:00 PM by Stuart Rudner
    Dave, I cannot advise you on your specific situation but I can say that generally speaking, the employer is entitled to determine when vacation is to be taken. This must be done within reason, and of course how you spend your vacation is up to you. If you'd like advice on your situation, please contact me.
  • 10 vacation time and pay myths
    Friday, October 18, 2013 9:50:00 AM by Stuart Rudner
    It is interesting to see that we continue to have comments on this post from several months ago. I cannot give advice on line, but I encourage anyone experiencing an issue to contact me at srudner@rudnermacdonal.com so we can arrange a consultation.
  • Vacation Pay on Banked Hours
    Friday, October 18, 2013 9:48:00 AM by Stuart Rudner
    Eugene: an agreement to accept less than the applicable employment standards legislation is not enforceable. I strongly recommend that you speak with an employment lawyer. If you would like to contact me, please email me at srudner@rudnermacdonald.com.
  • 10 vacation time and pay myths
    Wednesday, October 16, 2013 7:02:00 PM by Stuart Rudner
    Hi Kendall,

    Thanks for your message. We’d be happy to help you if we can.

    We offer a detailed consultation, which includes
    1. a review of your situation,
    2. an explanation of the law,
    3. an analysis of how the law applies to your situation, and
    4. a discussion of your options and potential strategies.

    Please email me at srudner@rudnermacdonald.com.
  • What about this scenario?
    Thursday, May 30, 2013 8:55:00 AM by Stuart Rudner
    Hi Kendall,

    I cannot offer advice online, but would be happy to arrange a meeting with you to discuss your situation, the law as it applies, and your options. You can email me at srudner@rudnermacdnald.com.