Personal Finance

Vacation while on Maternity Leave

  • Last Updated:
  • May 8th, 2019 11:04 am
[OP]
Jr. Member
Dec 3, 2016
123 posts
64 upvotes

Vacation while on Maternity Leave

I been doing some research and it appears that while on Maternity Leave you are entitled to earn vacation time and whether you are paid depends on how your contract is worded. If you earn a percentage vacation pay (i.e. 4%) then it is unpaid, however if you earn a set number of weeks per year (i.e. 3 weeks per year of service) then you will earn 3 weeks vacation paid. My employer disagrees with paying the vacation period despite my contract reading 3 weeks per year.

I have found numerous websites confirming that the time should be paid.

1) https://www.hralacarte.ca/index.php/blo ... ty-leave//
2) https://www.dalelessmann.com/news/blog/ ... ve-absence


Does anyone know where in the ESA this interpretation is drawn from. It would be easier to explain to my employer.

Thanks in advance!
4 replies
Jr. Member
May 17, 2018
140 posts
36 upvotes
It didn't apply to me as i didn't take a leave. But after a couple maternity’s leaves at my work we found out that yes, you do gain your normal weeks while off. So when you come back after one year (easier to explain), you come back to the 3 weeks for the year off and 3 seeks for your normal vacation. You will have double to use up on return.

My employer did have a talk with the labour board about it as questions needed to be asked. They ended up giving the extra weeks to those that missed out

If you’re paid a percentage, i have no idea

Hope that helps
Deal Fanatic
Dec 16, 2005
5478 posts
3551 upvotes
Seriously? Where do you work? No need to talk about the ESA with them. Just point them to the ministry of labor and tell them you will be filing a complaint unless they comply with the ESA.


For your informaiton:

ESA - Section 33.2 says you have a right to vacation for active and INACTIVE employment. Protected leaves are considered inactive employment.
https://www.ontario.ca/laws/statute/00e41#BK57

Summary in layman's terms.
https://www.ontario.ca/document/your-gu ... section-10
Member
Aug 31, 2014
319 posts
165 upvotes
Toronto, ON
Hm... when I was on maternity/parental leave, while I did earn my normal x weeks of vacation that year, it was unpaid. And that’s what was in our HR manual... I never thought to look into labour law?!?
Member
Nov 26, 2012
330 posts
284 upvotes
Toronto
if you are in indeed in Ontario: I would read the blurb under "Example: Employee must receive at least minimum vacation entitlements under the ESA" in this link. It really explains how it would work to meet the MINIMUM employment standards.

For your case, if your vacation year is Jan-Dec and you go on parental leave in May 2019, when you come back in May 2020, you will have 1 week paid and 2 weeks unpaid vacation days to use (covering vacation time and vacation pay accrued for 2019). This is if your employer offers you the full 3 weeks. The minimum they could give you is the 2 weeks (1 week paid, 1 week unpaid) described in the ESA. COMMENT: you'd have to read your offer contract or HR manual. If your employer takes this stance, it must say ACTIVE service or something similar. If it just says you get 3 weeks a year, you have some wiggle room to argue...

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