This information sheet tells about the Labour Standards Code rules on vacations and vacation pay.
The Labour Standards Code says that employers must give every employee:
An employer must tell the employee of her vacation at least one week before it begins.
The following workers are not covered by the Labour Standards Code rules on vacations and vacation pay:
An employee earns vacation pay and vacation during the first 12 months of work for an employer and every 12 months after that.
If the employer and employee agree, the vacation and vacation pay may be broken into two or more vacation periods if the following are true:
Employees who work full time must take vacation time.
Employees who work less than 90 per cent of the regular working hours during the 12 months when they earned vacation can give up vacation time and just collect their vacation pay.
When an employee tells an employer in writing that she will not take vacation time, the employer must pay vacation pay no later than one month after the date the 12–month period ends.
An employer can include vacation pay in an employee's hourly rate, which would be paid in every pay cheque.
In that case, the employer will need to:
Employers must keep accurate payroll records, including information on vacations taken and vacation pay paid. If a Labour Standards officer audits and finds no record of vacation pay, the Director of Labour Standards might find that the employer still owes the employee vacation pay. See Records for more information on records.
When employment ends, the employee is entitled to receive all accumulated vacation pay that has been earned. The employer must pay it within 10 business days after the employment relationship ends.
If you have any questions, please contact Labour Standards.