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VACATION POLICY
§ 1 — INTRODUCTION
1.1. This Vacation Policy (the “Policy”) is issued by ________ (the “Employer”) and is effective as of ________, having been most recently revised as of ________.
1.2. The Employer carries on business in the Province of ________, and this Policy shall be interpreted and administered in accordance with the employment standards legislation in force in that Province (the “Employment Standards Legislation”), including any minimum standards prescribed thereunder.
1.3. The purpose of this Policy is to establish the rules governing employees’ rights to take vacation, to describe the Employer’s discretion in scheduling vacation, and to distinguish between the separate statutory entitlements of vacation time and vacation pay.
1.4. This Policy is intended to meet or exceed the minimum standards required by the Employment Standards Legislation. Where any provision of this Policy provides a lesser benefit than the applicable statutory minimum, the statutory minimum shall prevail. Nothing in this Policy shall be construed to waive, reduce, or contract out of any entitlement guaranteed by the Employment Standards Legislation.
1.5. All other contracts, documents, rules, policies, and workplace regulations shall continue to apply concurrently with this Policy. In the event of any inconsistency, and subject to applicable law, the more favourable provision to the employee shall apply, and the Employer shall rectify any inconsistency.
§ 2 — SCOPE
2.1. This Policy applies to all employees who work for the Employer, whether seasonal, contract, full-time or part-time, permanent or temporary, except to the extent that any employee is excluded from coverage by the Employment Standards Legislation.
2.2. At the relevant time, the Employer shall calculate each employee’s vacation entitlement based on that employee’s length of service and, where applicable, hours worked, in accordance with the Employment Standards Legislation and this Policy.
§ 3 — VACATION TIME
3.1. Each employee earns vacation time in respect of each completed twelve (12) month period of employment (a “vacation entitlement year”), in accordance with the Employment Standards Legislation.
3.2. Subject to the Employment Standards Legislation, employees shall take their earned vacation time within the period prescribed by that legislation, and in any event no later than ________ after the close of the vacation entitlement year in which it was earned.
3.3. The timing of vacation shall be coordinated with the Employer. While the Employer will endeavour to accommodate employee preferences, the Employer retains the discretion to schedule and determine when an employee takes vacation, having regard to operational requirements and the requirement under the Employment Standards Legislation that vacation be granted within the prescribed period. Employees may submit special requests for particular vacation dates at least ________ days in advance.
3.4. Subject to any greater entitlement the Employer elects to provide, the minimum vacation time shall be:
(a) two (2) weeks of vacation after each completed vacation entitlement year, for employees with less than five (5) years of employment; and
(b) three (3) weeks of vacation after each completed vacation entitlement year, for employees with five (5) or more years of employment,
or such greater minimum as may be required by the Employment Standards Legislation, whichever is greater.
3.5. The Employer also provides additional vacation time as follows:
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§ 4 — VACATION PAY
4.1. Subject to any greater entitlement the Employer elects to provide, vacation pay shall be calculated as a percentage of the gross wages earned by the employee during the vacation entitlement year, as follows:
(a) four percent (4%) of gross wages, for employees with less than five (5) years of employment; and
(b) six percent (6%) of gross wages, for employees with five (5) or more years of employment,
or such greater minimum as may be required by the Employment Standards Legislation, whichever is greater.
4.2. Entitlement to vacation pay begins to accrue on the employee’s first day of work. Vacation pay shall be paid in accordance with the Employment Standards Legislation, either as a lump sum before the commencement of vacation or otherwise as permitted by that legislation and agreed with the employee.
4.3. The Employer also provides additional vacation pay as follows:
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4.4. Upon cessation of employment, whether by termination or resignation, the employee shall be paid all accrued and unpaid vacation pay outstanding as of the date of cessation, calculated at the applicable rate and paid within the time prescribed by the Employment Standards Legislation.
§ 5 — VACATION ACCRUAL AND CARRYOVER
5.1. Vacation time and vacation pay accrue in accordance with the Employment Standards Legislation and the terms of this Policy.
5.2. Employees are encouraged to take their full vacation entitlement within the period prescribed by this Policy and the Employment Standards Legislation. Except as otherwise required by law or expressly permitted by the Employer in writing, vacation time may not be carried over from one vacation entitlement year to the next.
5.3. The Employer reserves the right, in its sole discretion and subject to applicable law, to approve or deny requests to carry over unused vacation time, having regard to operational requirements. In no case shall any carryover arrangement result in an employee receiving less than the statutory minimum entitlement.
§ 6 — LEAVES OF ABSENCE
6.1. During a statutory or otherwise approved leave of absence, an employee’s vacation time continues to accumulate to the extent required by the Employment Standards Legislation. The treatment of vacation pay during a leave of absence shall be determined in accordance with that legislation and the employee’s individual employment contract.
§ 7 — AMENDMENT
7.1. The Employer reserves the right to amend, modify, or replace this Policy from time to time in its discretion, provided that no amendment shall reduce any entitlement below the minimum required by the Employment Standards Legislation. Employees will be notified of material amendments.
§ 8 — CONTACT
8.1. Should you have any questions or concerns arising from this Policy, or need to report an incident, kindly contact the Employer using the following information:
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T: ________
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ACKNOWLEDGEMENT
I acknowledge that I have received, read, and understood this Vacation Policy and my obligations under it. I understand that failure to comply with this Policy may result in disciplinary action, up to and including termination of employment.
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Employee Signature
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Employee Name (Print)
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Date: ________