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Employment Standards Act Regarding Vacation Pay

Expert: Belinda Sutton

Cindy asked:

When paying out vacation pay, is it required to be a separate cheque, or can it be added to the regular bi-weekly cheque?

Belinda Sutton answered:

It doesn't have to be in a separate cheque and, yes, it may be added to your bi-weekly cheque -- as long as the wage statement complies with the Employment Standards Act requirements as follows:

Employment Standards Act - Statement re wages

Section 12(1): On or before an employee's pay day, the employer shall give to the employee a written statement setting out,

  1. the pay period for which the wages are being paid;

  2. the wage rate, if there is one;

  3. the gross amount of wages and, unless the information is provided to the employee in some other manner, how that amount was calculated;

  4. subject to subsection (2) and if one or more vacation days are taken during the pay period, (i) the amount, if any, of vacation pay accrued in previous calendar years that has not yet been paid,(ii) the amount of vacation pay accrued in the current calendar year,(iii) the amount of vacation pay that has been paid during the period beginning on the day after the last pay day and ending on the current pay day, and(iv) the total amount of vacation pay that has been accrued but not yet paid;

  5. the amount and purpose of each deduction from wages;

  6. any amount with respect to room or board that is deemed to have been paid to the employee under subsection 23(2); and

  7. the net amount of wages being paid to the employee. 2001, c. 9, Sched. I, s. 1 (2).

About the author

Belinda Sutton is a Communications Officer with the Ontario Ministry of Labour.

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