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In Alberta, employer responsibilities and obligations regarding vacations are regulated under the Employment Standards Code (ESC). Section 34(1) to 44.
Basic vacation entitlement
An employer must provide an annual vacation to an employee 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.
(2) For greater certainty, a period during which an employee is on leave under Divisions 7 to 7.6 is included when calculating the employee’s years of employment for the purposes of subsection (1). Section 34.
Vacation pay for employees paid monthly
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. Section 34.1.
Vacation pay for employees paid other than monthly
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. Section 34.2.
Computing 5 or more years of employment
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 90 days is to be counted as a period of continuous employment. Section 36.
For more information:
- Vacation entitlements with a common anniversary date. Section 35(1).
- How vacation day is to be given. Section 37.
- When vacation pay is to be paid. Section 41.
- Vacation day in termination of employment. Section 42.
- When vacation day is considered to be wages. Section 43.
- Reductions in vacation and vacation pay. Section 44.
Further details on the Employment Standards Code can be found at Canlii.org.
In British Columbia, employers must adhere to the Employment Standards Act for vacation entitlements which pertain to Sections 57 to 60.
Part 7 – Annual Vacation
Entitlement to annual vacation
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. Section 57.
Vacation pay
(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. Section 58.
Common date for calculating vacation entitlement
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. Section 58.
For more information:
- Other payments or benefits do not affect vacation rights. Section 59.
Further details on the Employment Standards Act can be found at BClaws.gov.bc.ca.
In Manitoba, employers must follow the Employment Standards Code for vacation entitlements. Sections 34(1) to 44(2).
Employee entitlement to annual vacation
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. Section 34(1).
Annual vacation does not include general holidays
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. Section 34(2).
When annual vacation is to be given
An employer shall give an employee an annual vacation not later than 10 months after the employee becomes entitled. Section 35.
Setting dates for annual vacation
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. Section 36.
Period of vacation not to be less than a week
An employer shall not require an employee who is entitled to an annual vacation to take less than a week at a time. Section 37.
Meaning of “wages”
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. Section 39(1).
Amount of vacation allowance
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. Section 39(2).
Time of payment of vacation allowance
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. Section 39(3).
For more information:
- Vacation may be required during annual shutdowns. Section 38.
- Determining the cash value of board and lodging. Section 39(4).
- Certain payments do not affect vacation entitlement. Section 40.
- Effect of previous year or vacation taken in advance. Section 41.
- Employer may use common anniversary date. Section 42(1).
- Effect of notice of termination. Section 43.
- Payment of vacation allowance on termination. Section 44(2).
Further details on the Employment Standards Code can be found at Canlii.org.
In New Brunswick, employers must comply with the Employment Standards Act for vacation entitlements.
Vacation and public holiday benefits
An employee is not entitled to a vacation with pay or a public holiday with pay under this Act if under a collective agreement or contract of employment the employee receives vacation and holiday benefits which together equal or exceed the combined vacation and public holiday benefits provided under this Act. Section 22(1).
For the purpose of subsection (1) a payment of 4% of wages is equivalent to the public holiday benefits as prescribed by this Act. Section 22(2).
Notwithstanding subsection (1), an employer shall pay to an employee who works on a public holiday for time worked not less than one and one-half times the employee’s regular rate of wages in accordance with subsection 19(1). Section 22(3).
Annual vacation
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. Section 24(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. Section 24(1.1).
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. Section 24 (2).
Qualifying employees
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 percent 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 percent of the employee’s wages for the vacation pay year. Section 25(1).
Cessation of employment
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 percent 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 percent of the employee’s wages for the vacation pay year if the employee has eight or more years of continuous employment with the employer. Section 26(1).
For more information:
- Other vacation provisions. Section 27.
Further details on the Employment Standards Act can be found at Laws.gNB.ca.
In Newfoundland and Labrador, employers must follow the Labour Standards Act regarding vacation entitlements. Section 7 to 13.
Annual vacation with pay
(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. Section 8(1) to (5).
For more information:
- Section 7.
- Time of Payment. Section 10.
- Express Vacation. Section 11.
- Where Notice of Termination given. Section 12.
- Section 13.
Further details on the Labour Standards Act can be found at Assembly.NL.ca.
In Nova Scotia, employers must follow the Labour Standards Code for vacation entitlements. Section 32 to 36.
Vacation pay
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 employment 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 percent or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six percent, 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). Section 32 (1).
Waiver of entitlement under subsection 32 (1)
(1) An employee who works for an employer for less than ninety percent 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 percent or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six percent, of the wages of the employee for the twelvemonth period. Section 33 (1) and (2).
Vacation pay on termination
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 percent or, where the employee has been in the employ of the employer for more than eight years, an amount at least equal to six percent, of the wages of the employee during the time he was employed. Section 34.
Calculation of vacation pay
(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. Section 35.
For more information:
- Vacation pay in trust and deemed secure debt due Section 36(1) to (3).
Further details on the Labour Standards Code can be found at NSlegislature.ca.
Employers in the Northwest Territories and Nunavut must comply with regulations regarding vacation entitlements and vacation pay as outlined. Section 24. (1) in the NT Employment Standards Act, and sections 15 to 21 in the NU Labour Standards Act.
Annual Vacations – Definitions
“Vacation pay” means 4% of the wages of an employee during a year of employment in respect of which the employee is entitled to a vacation of two weeks duration, and 6% of the wages of an employee during a year of employment in respect of which the employee is entitled to a vacation of three weeks duration;
“Year of employment” means continuous employment of an employee by one employer for a period of 12 consecutive months beginning on the date the employment began or any subsequent anniversary date after that. Section 15 of NU Labour Standards Act.
Annual vacation with pay
(1) Subject to this Part, every employee is entitled, after each year of employment with any one employer:
(a) for the first five years of employment, to an annual vacation with vacation pay of two weeks; and
(b) for the years of employment following the first five years of employment, whether that period of employment is made up of continuous years of employment or of years of employment accumulated within the past 10 years, to an annual vacation with vacation pay of three weeks. Section 16 of NU Labour Standards Act.
Granting vacation with pay
The employer of an employee who, under this Part, has become entitled to a vacation with vacation pay, shall:
(a) Grant to the employee the vacation to which the employee is entitled, which shall begin not later than 10 months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and
(b) At least one day before the beginning of the vacation or at an earlier prescribed time, pay to the employee the vacation pay to which the employee is entitled in respect of that vacation. Section 17 of NU Labour Standards Act.
Vacation pay – deemed wages
Vacation pay shall for all purposes be deemed to be wages. Section 18 of NU Labour Standards Act.
Holiday pay on termination of employment
Where the employment of an employee ceases for any reason before the completion of the employee’s year of employment, the employer shall without delay pay to the employee:
(a) any vacation pay then owing to the employee by the employer in respect of any prior completed years of employment; and
(b) 4% of the wages of the employee during the completed portion of his or her year of employment where the employee is entitled to two weeks vacation, and 6% of the wages of the employee during the completed portion of his or her year of employment where the employee is entitled to three weeks vacation. Section 19 of NU Labour Standards Act.
For more information:
- Transfer of industrial establishment. Section 20.
- Regulations respecting annual vacation. Section
- Section 24 of NT Employment Standards Act.
Further details on the Employment Standards Act and Labour Standards Act can be found at Justice.gov.NT.ca and Canlii.org.
In Ontario, employers must comply with the Employment Standards Act (ESA) regarding vacation entitlements. Sections 33 to 41 pertain to Vacation with Pay.
Vacation with pay
Right to vacation
(1) An employer shall give an employee a vacation of:
(a) at least two weeks after each vacation entitlement year that the employee completes, if the employee’s period of employment is less than five years; or
(b) at least three weeks after each vacation entitlement year that the employee completes, if the employee’s period of employment is five years or more.
Active and inactive employment
(2) Both active employment and inactive employment shall be included for the purposes of subsection (1). Section 33(1) and (2).
Alternative vacation entitlement year – Application
(1) This section applies if the employer establishes an alternative vacation entitlement year for an employee. Section 34(1).
Vacation for stub period, less than five years of employment
(2) If the employee’s period of employment is less than five years, the employer shall do the following with respect to the stub period:
- The employer shall calculate the ratio between the stub period and 12 months.
- If the employee has a regular work week, the employer shall give the employee a vacation for the stub period that is equal to two weeks multiplied by the ratio calculated under paragraph 1.
- If the employee does not have a regular work week, the employer shall give the employee 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.
Vacation for stub period, five years or more of employment
(3) If the employee’s period of employment is five years or more, the employer shall do the following with respect to the stub period:
- The employer shall calculate the ratio between the stub period and 12 months.
- If the employee has a regular work week, the employer shall give the employee a vacation for the stub period that is equal to three weeks multiplied by the ratio calculated under paragraph 1.
- If the employee does not have a regular work week, the employer shall give the employee a vacation for the stub period that is equal to:
3 × A × the ratio calculated under paragraph 1 where:
A = the average number of days the employee worked per work week in the stub period. Section 34 (1) to (3).
Timing of vacation
The employer shall determine when an employee shall take vacation for a vacation entitlement year, subject to the following rules:
- The vacation must be completed no later than 10 months after the end of the vacation entitlement year for which it is given.
- If the employee’s period of employment is less than five years, the vacation must 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.
- If the employee’s period of employment is five years or more, the vacation must be a three-week period or a two-week period and a one-week period or three 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. Section 35.
Vacation pay
An employer shall pay vacation pay to an employee who is entitled to vacation under section 33 or 34, equal to at least:
(a) 4 percent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given, if the employee’s period of employment is less than five years; or
(b) 6 percent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given, if the employee’s period of employment is five years or more. Section 35.2.
When to pay vacation pay
(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.
(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 has made an agreement with the employer that it may be paid in that manner. Section 36(1) and (3).
For more information:
- Where vacation not taken in complete weeks. Section 33 (3)(a)(b).
- Payment during labour dispute. Section 37.
- If employment ends. Section 38.
- Multi-employer plans. Section 39.
- Vacation pay in trust. Section 40 (1).
- Approval to forego vacation. Section 41.
- Vacation statements. Section 41.1.
- When statement to be provided. Section 41.2.
- Restriction re frequency. Section 41(4).
Further details on the Employment Standards Act can be found at Ontario.ca.
In Prince Edward Island, employers must comply with the Employment Standards Act regarding vacation entitlements. Sections 11 to 13 which pertain to Vacation Pay.
Annual vacation with pay
(1) Where an employee works for an employer for a continuous twelve-month period, the employer shall:
(a) No later than four months after the twelve-month period ends, give the employee:
(i) an unbroken vacation of at least two weeks, if the employee has less than eight years of continuous employment with the employer, or
(ii) an unbroken vacation of at least three weeks, if the employee has at least eight years of continuous employment with the employer;
(b) At least one week before the employee’s vacation begins, notify the employee of the date the employee’s vacation begins; and
(c) At least one day before the employee’s vacation begins, pay the employee
(i) an amount at least equal to four percent of the employee’s wages for the twelve-month period during which the employee established the right to a vacation, if the employee has less than eight years of continuous employment with the employer, or
(ii) an amount at least equal to six percent of the employee’s wages for the twelve-month period during which the employee established the right to a vacation, if the employee has at least eight years of continuous employment with the employer.
Vacation pay on termination of employment
(2) Where an employee’s employment with an employer ceases, the employer shall, not later than the last day of the next regular pay period after the employee’s employment ceases, pay to the employee:
(a) an amount equal to four percent of the employee’s wages for the period the employee has worked for the employer, if the employee has worked for the employer for a period of less than twelve continuous months from the date the employment commenced;
(b) an amount equal to four percent of the employee’s wages for the period the employee has worked for the employer from the date the employee last became entitled, under subsection (1), to vacation with pay, if the employee has been employed continuously by the employer for a period of at least one year and less than eight years; or
(c) an amount equal to six percent of the employee’s wages for the period the employee has worked for the employer from the date the employee last became entitled, under subsection (1), to vacation with pay, if the employee has been employed continuously by the employer for a period of at least eight years.
Holiday occurring during vacation
(3) Where a paid holiday as defined in subsection 6(1) occurs during the period of a vacation, the period of the vacation shall be lengthened by one working day.
Sick leave
(4) Sick leave with pay shall not be considered as vacation with pay or pay in lieu of vacation. Section 11.
For more information:
- Waiver of entitlement to vocation with pay. Section 11.1.
- Pay in lieu of vacation. Section 11(2).
- Vacation pay and pay in lieu of vacation, held in trust. Section 12.
- Value of board and lodging. Section 13.
- Determination of cash value. Section 13(2).
Further details on the Employment Standards Act can be found at Princeedwardisland.ca.
In Quebec, employer responsibilities and obligations regarding vacations in 2024 are governed by the Act Respecting Labour Standards (Loi sur les normes du travail – LNT).
- Vacation Entitlement:
- Less than 1 year of service: Employees who have worked for less than one year are entitled to one day of vacation for each full month worked, up to a maximum of two weeks.
- 1 to 5 years of service: After completing one year of service, employees are entitled to a minimum of two weeks of vacation with pay.
- 5 years or more of service: Employees with five or more years of service are entitled to three weeks of vacation with pay.
- Vacation Pay:
- For 2 weeks of vacation: Vacation pay must be equivalent to 4% of the employee’s gross wages earned during the reference year.
- For 3 weeks of vacation: Vacation pay must be equivalent to 6% of the employee’s gross wages earned during the reference year.
- Reference Year:
- The reference year is typically a 12-month period from May 1 to April 30, unless another reference period has been agreed upon by the employer and employees.
- Scheduling Vacations:
- Employers have the right to determine the vacation schedule but must consult employees and ensure that vacations are taken at a time convenient for both parties.
- Employers must notify employees of their vacation dates at least four weeks in advance.
- Carrying Over Vacation Days:
- In general, vacation must be taken within 12 months following the end of the reference year. Carrying over unused vacation to the next year is only permitted with the employer’s consent, and even then, only up to the following year.
- Vacation During Leave:
- If an employee is on maternity, paternity, parental, or any other leave during the scheduled vacation period, they may defer their vacation to a later date. This applies if the leave overlaps with the vacation period.
- Payment Upon Termination:
- Upon termination of employment, the employer must pay the employee for any unused vacation pay accumulated during the reference year. This includes the 4% or 6% owed based on the length of service.
Further details on the Act Respecting Labour Standards can be found at Legisquebec.gouv.QC.ca.
In Saskatchewan, employers must comply with the Saskatchewan Employment Act regarding vacation entitlements.
Annual vacation periods and common date
Every employee is entitled:
(a) subject to clause (b), to an annual vacation of three weeks after the completion of each year of employment with an employer; and
(b) to an annual vacation of four weeks after the completion of 10 years of employment with an employer and after the completion of each subsequent year of employment with that employer.
(2) An employer may use a common date for calculating vacation entitlement of all employees but only if the common date does not result in a reduction of any employee’s rights. Section 2-24(1).
Manner of taking vacation
If an employee is entitled to an annual vacation pursuant to section 2-24:
(a) The employer shall permit the employee to take the entire vacation within 12 months after the date on which the employee becomes entitled to it; or
(b) The employer shall permit the employee to take the entire vacation to which the employee is entitled:
(i) in one continuous and uninterrupted period; or
(ii) in a manner other than one continuous and uninterrupted period, if:
(A) the vacation periods are not less than one week in length;
(B) the employee provides the employer with written notice of the lengths of time the employee proposes for the vacation periods; and
(C) the notice is provided not later than the employee’s vacation entitlement date.
(2) Subject to section 2-26, an employer may require all employees, or all employees in part of a workplace, to take their vacation at a time when the employer has closed all or part of the workplace but only if those vacation periods are not less than one week in length. Section 2-25(1).
Vacation pay
An employee is to be paid vacation pay in the following amounts:
(a) If the employee is entitled to a vacation pursuant to clause 2-24(1)(a), three fifty-seconds of the employee’s wages for the year of employment or portion of the year of employment preceding the entitlement to the vacation;
(b) If the employee is entitled to an annual vacation pursuant to clause 2-24(1)
(c) Four fifty-seconds of the employee’s wages for the year of employment preceding the entitlement to the vacation.
(2) With respect to an employee who is entitled to a vacation pursuant to section 2-24 but who does not take that vacation, the employer shall pay the employee’s vacation pay not later than 11 months after the day on which the employee becomes entitled to the vacation.
(3) The employer shall pay vacation pay to the employee in an amount calculated according to the length of vacation leave taken:
(a) At the employee’s request, before the employee takes the vacation; or
(b) On the employee’s normal payday.
(4) An employer shall reimburse the employee for any monetary loss suffered by the employee as a result of the cancellation or postponement of the vacation if:
(a) The employee has scheduled a period of vacation at a time agreed to by the employer; and
(b) The employer does not permit the employee to take the vacation as scheduled.
(5) A monetary loss mentioned in subsection (4) is deemed to be wages owing and this Part applies to the recovery of that monetary loss. Section 2-27(1).
For more information:
- Notice of vacation period. Section 2-26.
- When public holiday occurs during a vacation. Section 2-28.
- Payment of vacation pay on ending of employment. Section 2-29.
Further details on the Saskatchewan Employment Act can be found at Worksafesask.ca.
Employers in Yukon have specific requirements regarding vacation entitlements and vacation pay under the Yukon Employment Standards Act. Section 19 to 27.
Annual Vacations – Interpretation
“Vacation pay” means four percent of the wages of an employee during a year of employment in respect of which the employee is entitled to a vacation.
“Year of employment” means the continuous employment of an employee by one employer for a period of 12 consecutive months beginning with the date the employment began or any subsequent anniversary date thereafter.
(1) This Part applies to all employees, including employees who are employed on a part-time, seasonal, or temporary basis.
(2) This Part does not apply to an employee who is a member of the employer’s family. Section 20.
Entitlement to vacation with pay
(1) Subject to this Part, every employee is entitled to and shall be granted a vacation with vacation pay of at least two weeks in respect of every completed year of employment.
(2) Vacation pay shall be deemed to be wages. Section 21.
Time for vacation and payment
The employer of an employee who under this Part 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 10 months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and
(b) Shall, at least one day before the beginning of the vacation, or at any earlier time the regulations prescribe, pay to the employee the vacation pay to which the employee is entitled in respect of that vacation. Section 22.
Vacation including general
If a general holiday occurs during the vacation granted to an employee pursuant to this Part, the vacation to which the employee is entitled under this Part shall be extended by one day, and the employer shall pay to the employee, in addition to the vacation pay, the wages to which the employee is entitled for that general holiday. Section 24.
End of employment before end of year – Termination
(1) If the employment of an employee by an employer is terminated before the completion of the employee’s year of employment, the employer shall, within seven days from the date of termination, pay to the employee:
(a) Any vacation pay then owing by the employer to the employee under this Part in respect of any prior completed year of employment; and
(b) Four per cent of the wages of the employee during the completed portion of the employee’s year of employment.
(2) Despite paragraph (1)(b), an employer is not required to pay an employee any amount under that paragraph unless the employee has been continuously employed by the employer for a period of 14 days or more.
(3) For the purpose of subsection (2), if an employee works irregular hours or does not work at least five days in a week, it is sufficient if the employee has worked their usual work days and usual hours in a two week period. Section 25(1)to(3).
For more information:
- Agreement between employer and Section 23.
- Transfer of employer’s business. Section 26.
- Section 27.
Further details on the Employment Standards Act can be found at Laws.Yukon.ca.
