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Do we receive our unpaid vacation days if we leave our full time job (Not contract)

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  • Jul 14th, 2015 2:31 pm
[OP]
Newbie
Jul 8, 2015
4 posts
Etobicoke, ON

Do we receive our unpaid vacation days if we leave our full time job (Not contract)

Do we receive our unpaid vacation days if we leave our full time job (Not contract) in Ontario,Canada?

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10 replies
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Jan 1, 2008
1431 posts
258 upvotes
In Quebec we are receiving the vacation pay in full at the end of employment. In Ontario -rarely; just those who severely fight for it! You must be able to KO your employer in one shot :)
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[OP]
Newbie
Jul 8, 2015
4 posts
Etobicoke, ON
So I'm leaving my job with a 3 weeks notice and I have 2 weeks unused vacation; can I use my 2 weeks vacation during this 3 weeks notice?
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Jan 1, 2008
1431 posts
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You should get at the end a bulk sum for the notice and for the vacation left over. Not necessary to specify what are those 2 weeks you want to take as vacation as the employer should pay the leftover anyhow after you are going to beat him well.
sarah684 wrote: So I'm leaving my job with a 3 weeks notice and I have 2 weeks unused vacation; can I use my 2 weeks vacation during this 3 weeks notice?
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[OP]
Newbie
Jul 8, 2015
4 posts
Etobicoke, ON
Dinu wrote: You should get at the end a bulk sum for the notice and for the vacation left over.
Dinu wrote: In Quebec we are receiving the vacation pay in full at the end of employment. In Ontario -rarely
Sorry but your statements contradict with each other! I'm confused now...
Deal Addict
Jul 2, 2006
1578 posts
830 upvotes
Toronto
Typically vacation entitlement is given to you on a prorated basis. Assuming you have 2 weeks of vacation per year, the employer assumes you will be working in the company for the entire year and prorates the 2 weeks to you for use any time within the year. But if you leave the company 1/2 way through, you are only entitled to 1 week of vacation pay.
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Oct 1, 2011
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bst wrote: Typically vacation entitlement is given to you on a prorated basis. Assuming you have 2 weeks of vacation per year, the employer assumes you will be working in the company for the entire year and prorates the 2 weeks to you for use any time within the year. But if you leave the company 1/2 way through, you are only entitled to 1 week of vacation pay.
This is a good answer and how it was done at the companies I have worked for.

Curious, though: if someone takes their full year's vacation allotment, then decides to give 3-6 weeks' notice to leave before the end of the year, does the employer retract the vacation pay?
Deal Fanatic
Jul 13, 2009
5072 posts
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sarah684 wrote: So I'm leaving my job with a 3 weeks notice and I have 2 weeks unused vacation; can I use my 2 weeks vacation during this 3 weeks notice?
They can choose to just pay you out the value or let you take the vacation (probably not), as long as it's vacation that's accrued.
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Jan 11, 2008
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GTA
peanutz wrote: This is a good answer and how it was done at the companies I have worked for.

Curious, though: if someone takes their full year's vacation allotment, then decides to give 3-6 weeks' notice to leave before the end of the year, does the employer retract the vacation pay?
At my company it is written right in the contract that if you have taken more days than you have accrued at the time you leave it will be deducted from your last cheque.
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May 6, 2009
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So, yes vacation days are pro-rated, but yes, you should also be getting unused vacation days back.

What this means is: If you have 2 weeks of vacation in a year, as of June 30th, you would have 'earned' 1 week of vacation. If you resign on June 30th and you've only taken 3 days of vacation in the year up to that point, then you should get a salary credit equivalent to 2 days of vacation you hadnt taken.

Of course, this assumes you've been a F/T employee non-stop for the entire calendar year up to that point.

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