Home Forums Answer for Vacation Entitlement after returning from Maternity Leave

vickyp
Keymaster
Post count: 2894

This is the follow-up to my above response, which is true as far as a promise to provide so many vacation days but doesn’t address the situation where the entitlement to vacation pay is based on the vacationable earnings paid. As Alan advises me, your Q is actually far more complex to the extent it depends on the vacation promise made. Was this promise so many paid days off as vacation or was the promise vacation pay at such and such a percentage’ If the promise was paid days off, was the entitlement to this restricted to active employment’ Each of these are different scenarios

  1. If the vacation promise is paid time off, and the entitlement to this is not restricted to active employment, then the full 3 weeks must be provided.
  2. If the promise is paid days, but the entitlement is restricted to active employment, the resulting paid vacation can’t be any less than the required provincial minimum.
  3. If the promise is vacation pay, then this is based on the vacationable earnings in the applicable vacation year. The person may still qualify for 3 weeks, but the only dollars owing will be those base on vacationable earnings, if there are any.

Thank you for your patience and I hope we eventually got u a satisfactory answer. Glenn