Vacation pay of an employee that has resigned

[Conner Lantz]

#79721

HI There,
One of my Ontario employee has resigned
she is entitled 15 days vacation day a year. Last year she only took 10 and I have allowed her to carry over 5
This year she has already taken all 20 days (15 + 5) by the end of June just before she resigned
We were going to deduct 7,5 days of her final pay to pro-rate the vacation that she has taken and asked her for her authorization as it seems to be the process for ON however she is not approving the authorization.
What are my options in this case?

She has been on a full time salary since June 2020. Before then she was on hourly since 2018

Thank you

Karoline

[Conner Lantz]

#79722

In part it might depend on any language in the terms and conditions of employment dealing with vacations.
For example, if the 15 days was credited or accrued at the start of each vacation year, and there’s nothing in the terms and conditions of employment that indicated these days are conditional on working the whole year, then there might not be a basis for prorating the 15-day entitlement.
However, assuming the employer is entitled to set the vacation pay owing for the current year, as 7.5 days, employers are not allowed to recover this from any other amounts owing to an employee, without the person’s explicit written permission.
If the employee is not willing to co-operate, then small claims court is the employer’s only other recourse.

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