Hi there! An employee’s eligibility to accrue vacation time while on WSIB benefits depends on several factors, including the specific policies of the employer and the laws in the jurisdiction.
If you are in Ontario, where WSIB is commonly applied, employees are typically entitled to accrue vacation time even if they are on WSIB benefits, as long as they are still considered an “employee” of the company during their time off due to a work-related injury or illness. The employee may continue to accumulate vacation days as part of their ongoing employment relationship, even if they are unable to perform their duties.
WSIB benefits replace a portion of an injured employee’s income while they are unable to work. However, these benefits are not considered “earnings” for the purposes of vacation pay. Employers may be required to continue providing benefits like vacation accruals if the employee is still employed during the absence. The WSIB benefit itself does not replace or account for vacation days. Under the Ontario Employment Standards Act (ESA), employees who are on WSIB leave are entitled to the same vacation benefits as other employees. This includes the accrual of vacation days.
-HRInsider Staff
