Recognizing that employees may take two weeks vacation (having less than 5 years of service) or three weeks vacation (five or more years of service), when the employee expressly indicates that they wish to forego their vacation, and either carry over or receive payment in lieu of vacation, what are the employer’s options and responsibilities? Is the employer obliged to ensure that a certain amount of vacation is taken annually? (I have reviewed ESA 33 & 35, but would like confirmation of the application.)
Vacation time earned for a vacation entitlement year (or stub period) must be taken within 10 months after completing that year (or stub period). You have the right to schedule vacation + are required to ensure the vacation time is scheduled and taken before the end of that 10-month period.
Employees may waive some or all of their earned vacation TIME (if the employer agrees + the Ontario Director of Employment Standards approves) but not their vacation PAY.
Does that answer your Q? If not, feel free to contact me directly at firstname.lastname@example.org. Here’s a link to the MOL Guidelines if you want to dig deeper, https://www.ontario.ca/document/your-guide-employment-standards-act-0/vacation#section-3