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Vacation Pay in Place of Time Off?

Expert: Monica Beauregard

Allan asked:

I work in Ontario. My company has set our vacation time to match the shutdown of our customer. They then cut the time short based on demand. They have paid us the full amount of our vacation pay, but have not given us all our "time" off. Am I still entitled to it (without pay)?

Monica Beauregard answered:

Yes, you are entitled to the time off.

Firstly, the company is entitled to establish when employees can take their vacation time. So coinciding it with the customer shutdown is fine. However, each employee is entitled to time off with pay for the number of days according to the company's vacation policy (2 week minimum based on Employment Standards) assuming they are eligible. For example, if you are entitled to 10 days off for vacation, and have been paid for 10 days vacation, but take only 8 days off because of changing customer demand, you are still entitled to two days off without pay at a mutually agreeable time in the future.

About the author

Monica Beauregard is the co-author of Hiring, Managing and Keeping the Best: The Complete Guide for Canadian Employers [ISBN: 0070864217] and she is Vice President of Bridgepoint Inc., a human resources consulting firm.

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