First of all, I apologize for taking so long to respond. In the future, you can email me at glennd@bongarde.com if you’ve been waiting more than 3 or 4 days (or you just need an urgent response). I will also see to your other unanswered Qs right after I finish this one.
Sec. 56(1)(a) of the BC ESA, says that “the services of an employee who is on leave under this Part . . . are deemed to be continuous for the purposes o calculating annual vacation entitlement and (termination notice) entitlement under sections 63 and 64″
My take is that the employee in her 5th year returning from maternity leave in the middle of June would be entitled to the full 3 weeks’ vacation for the year. In other words, you can’t subtract her time on leave from her vacation entitlement.
Meantime, I’ve run your Q past our payroll guru, Alan McEwen, and will pass along his response as soon as I receive it.
Hope this helps and, again, I’m sorry for the delay. Glenn 203 354-4532.
