Vacation Pay

An employer shall give an employee a vacation (for both active and inactive employment)

  • at least two weeks after each vacation entitlement year that the employee completes if the employee's period of employment is less than 5 years; or

  • at least three weeks after each vacation entitlement year that the employee completes if the employee’s period of employment is 5 years or more

An employer shall pay an employee who is entitled to vacation equal to at least:

  • 4 percent of the wages excluding vacation pay, that the employee earned during the period for which the vacation is given if the employee's period of employment is less than five years; or

  • 6 percent of the wages, excluding vacation pay, that the employee earned during the period for which the vacation is given, if the employee's period of employment is less than 5 years

The employer shall pay vacation pay to the employee in a lump sum before the employee commences his or her vacation

  • if the employee does not take their vacation in complete weeks, the employer may pay the employee their vacation pay on or before the payday for the period in which the vacation falls

Ont ESA Pt. XI s.35.2