Vacation pay is governed by Section 35.2 of the Employment Standards Act, 2000, S.O. 2000, c. 41, as amended (ESA), and states that vacation pay must be at least four (4) percent of the earnings (excluding any vacation pay) earned by an employee during the twelve (12)- month
vacation entitlement period.
Not exact matches
New
entitlements with respect to hours of work, overtime,
vacation and public holiday, statutory leaves, rest
periods, three - hour rules and terminations are all changes in the legislation that managers are going to need to understand in order to effectively supervise staff and avoid costly mistakes or misinterpreting the law which can result in a complaint.
Employers operating in Ontario who «draw the circle» around employee rights and
entitlements on termination should carefully review and ensure that their contractual termination clause complies with all aspects of statutory minimum standards, and in particular: (a) notice or pay in lieu, (b) benefits continuation during the notice
period, (c) severance pay, if applicable, and (d) continued
vacation accrual during the termination notice
period.
Employers will be prohibited from forcing employees to use
entitlements such as
vacation or overtime during a termination notice
period, unless agreed to by both parties.
(3) If the employer establishes an alternative
vacation entitlement year for an employee, the employer shall record the following information for the stub
period:
In these cases, you are entitled to a pro-rated
vacation amount which will include the pay for the
period before the
vacation entitlement year begins.
Breaks of employment of less than 90 days will be deemed to be a
period of continuous employment for the purpose of calculating minimum
vacation entitlements.
Employers would be prohibited from forcing employees to use
entitlements such as
vacation or overtime during a termination notice
period, unless agreed to by both parties.