Vacation Pay

[fmahovalich]

What if the gentleman in question had already take two or three weeks vacation as time off

ie: commencing Jan 1 he was entitled to three weeks VAC, he used three weeks in March, then quits in April, only part way into the year. What happens then? Has vacation already been 'paid'

 

[DanJ]

What if the gentleman in question had already take two or three weeks vacation as time off

ie: commencing Jan 1 he was entitled to three weeks VAC, he used three weeks in March, then quits in April, only part way into the year. What happens then? Has vacation already been 'paid'

If he was paid for the time off, then yes he was paid. Of course, that's only based on the assumption that the prior year's vacation was used and paid out or that there is no carry over of vacation time. It could also be argued, depending on the terms of employment, that he was overpaid based on not having yet "earned" vacation pay for 3 weeks only a few months into the year.

In the 2008 downturn, my wife was "restructured out" of her job in July that year. Because their vacation year ran from July 1 to June 30, they paid for her 2 weeks of vacation that she was entitled to that year, even though she was let go a week into that vacation year (which was a pretty good deal, considering she also got 5 weeks of pay as part her package, and only worked there 18 months). At my job, we are paid hourly for our various weekly hours and our vacation pay entitlement is shown at the bottom of our pay stubs at 2% times the number of annual weeks we get. I get 6 weeks, so 12% of my weekly earnings are added to the vacation pay entitlement, and shown on my pay stub. When I take vacation, I ask for how much of that money I want. If I leave the company, I would just be paid out what was left in that vacation account.

 

[fuji]

What if the gentleman in question had already take two or three weeks vacation as time off

ie: commencing Jan 1 he was entitled to three weeks VAC, he used three weeks in March, then quits in April, only part way into the year. What happens then? Has vacation already been 'paid'

He is not entitled to pay he hasn't earned yet. The ministry would look at that before chasing the directors if he were to file a complaint with the labour board and if he miscalculated what he was owed they would reject his claim. If they was a dispute over the facts they would hold a hearing to find out.

If the company went bust legitimately owing him vacation then the houses and bank accounts of the directors can be seized, and their pay garnisheed, to recover the unpaid wages including vacation.

But obviously it has to be legitimately owing and the labor board would check that

 

[Richard.TO]

He is entitled to vacation pay when earned regardless of the type of person he is. When I pay salary I always pay 4% vacation pay on top so I don't need to worry about owing money to any employee.

 

[GPIDEAL]

What if the gentleman in question had already take two or three weeks vacation as time off

ie: commencing Jan 1 he was entitled to three weeks VAC, he used three weeks in March, then quits in April, only part way into the year. What happens then? Has vacation already been 'paid'

I believe he is entitled to just 4% of his earnings since his last vacation to the time of termination (just a stub period).