Area of Law: Employment Law
Answer # 588
Vacation and vacation payRegion: Ontario Answer # 588
Employees who have worked at the same place for at least one year, but less than five years, have the right to take at least two weeks of paid vacation every year. If an employee does not take a vacation, the employer is legally obligated to pay the employee vacation pay, which is equal to 4% of an employee’s gross salary for the year.
Employees who have worked at the same place for five years or more, have the right to take a minimum of three weeks of paid vacation every year. If an employee in this situation does not take a vacation, the employer is legally obligated to pay vacation pay equal to 6% of an employee’s gross salary for the year.
Because some employees do not work at the same place for an entire year, they may not have the right to take a paid vacation. However, they are entitled to receive vacation pay within one week of leaving the employment. In this case, vacation pay is 4% of the total amount the employee earned while employed.
If you do not receive vacation pay you believe is owed to you, talk to your employer. If your employer refuses to pay you vacation pay, contact the Employment Standards office at the Ministry of Labour. For additional information, visit the Ministry of Labour, Training and Skills Development. For legal help and assistance, contact an employment lawyer.
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