Category Archives: Vacation, Public and Religious Holidays

Blogs with information on Vacation pay, Public or Statutory Holiday Pay and related practices

Can Employees “Lose” or “Forfeit” Unused Vacation?

Vacation is not a “use it or lose it” benefit. Like wages, it is a protected benefit under the Employment Standards Act (ESA). The ESA has separate provisions for Vacation Time and Vacation Pay, but neither one can be taken away from an employee once it is earned The only way an employee “loses” vacation TIME is if they quit/resign/are fired from a job and have not used the TIME they have earned. Vacation PAY is earned on all wages including commissions, overtime and public holiday pay.  This calculation may result in an employee earning more vacation PAY than is Continue Reading »

Do Part Time Workers Get Less Vacation Time or Pay?

The short answer is, no. Whether you are employed “full time” or “part time”, under the Vacation With Pay provision of the Employment Standards Act, there is no difference in the amount of vacation time or pay that an employee is entitled to. All employees are entitled to vacation pay of 4% or 6% of their “earned wages” (depending on length of service) which includes overtime and public holiday pay. If you work overtime, you could earn more than the 10 or 15 days of pay needed for your vacation entitlement. In this case, the employer is required to pay Continue Reading »

What Does “Protected Leave” Mean?

Under the Employment Standards Act (ESA) and/or the Human Rights Code, employees are entitled to “protected” leaves of absences. Some examples are Personal Emergency Leave days, Maternity/Parental leave and Compassionate Leaves. “Protected” leave simply means that if an employee exercises their right to take one of these leaves, their right to return to their current job and wage are protected under law. This simply means that if an employee is off, the employer can’t make significant detrimental changes to the job or wage that the employee had when they went off work. Are there “unprotected leaves”? Yes! For example, in Continue Reading »

Have You Heard of the Special Rule Tool?

There are some workers in Ontario whose jobs are subject to “Special Rules” under the Employment Standards Act (ESA). These jobs, due to the nature of the work performed, usually do not conform easily to the minimum standards provided in the ESA, so these rules were developed to ensure fairness and protection for both employer and worker, to the greatest extent possible. Some examples of these “Special Rules” are the lower minimum wage paid to wait staff who serve alcohol, exceptions to the limits on hours of work and rest periods for most farm and agricultural workers, and no “notice Continue Reading »

Not All of Bill 148 Was Cancelled

Employers should be aware that although a number of the “Bill 148” provisions were cancelled under “Bill 47”, some are still in effect that might pose a problem for your business. Three Hour Rule – (Starting Jan 1, 2019), if an employee who normally works more than 3 hours is sent home before working 3 hours, they are entitled to be paid at their normal rate (previous ESA standard was only minimum wage) Overtime rule – (already in place) if an employee has more than one rate of pay (i.e. travel rate and job site rate) you must still track Continue Reading »