The Act respecting labour standards applies to most employees in Quebec. An employee is a person who works for an employer and who earns a wage or salary.

The Act doesn’t apply to certain people such as self-employed workers and people working for the federal government or for federally-regulated businesses.

Certain other workers are excluded from almost all of the sections of the Act respecting labour standards. Students doing an internship, senior management, caregivers and construction workers, are some of the workers that fall under this category.

If you are a unionized worker, you are still covered by the Act but your collective agreement may give you greater benefits than those provided by the Act. Speak to your union representative for more details.

For more information on the application of the Act respecting labour standards consult our Infosheet entitled Labour standards in Quebec.

No. Some people do not have a right to an annual vacation or pay for annual vacation.

These people include:

• students working in a vacation camp or in a social or community non-profit organization such as a recreational organization;
  
• real estate agents paid entirely on commission;
  
• representatives of a securities dealer or securities investment advisors paid entirely on commission;
  
• insurance representatives or claims adjusters paid entirely on commission; and
  
• trainees in a professional training program recognized by law.

First of all, remember that this Infosheet is meant to inform you about annual paid vacation under the Act respecting labour standards. If you are a unionized worker, your collective agreement may offer you greater benefits than those listed here. Speak to your union representative for more information.

Under the Act respecting labour standards, you progressively earn the right to paid annual vacation. The length of the annual vacation to which you are entitled is determined according to two factors which are linked:

1. The number of years that you have worked for your employer;
   
2. The reference year.

The number of years that you have worked for your employer

The length of your annual paid vacation, in days and weeks, depends on the number of years of uninterrupted service that you have given to your employer. Your service is counted as uninterrupted under the Act, even if certain events have interrupted your work, such as a sick leave, or a temporary layoff.

The reference year

The reference year is a period of 12 consecutive months. The start and end date of this 12 month period may vary. If your collective agreement or a collective agreement decree issued by the government does not set a reference year, the Act respecting labour standards will set May 1 to April 30 as the default.

Considering the above factors, the Act respecting labour standards entitles you to the following vacation time:

• if you have less than 1 year of uninterrupted service at the end of the reference year, you are entitled to 1 working day per month of service, up to a maximum of 2 weeks of paid vacation;
  
• if you have more than 1 year but less than 5 years of uninterrupted service at the end of the reference year, you are entitled to 2 weeks of paid vacation. You can also ask your employer to grant you an additional week of vacation without pay;
  
• if you have 5 or more years of uninterrupted service at the end of the reference year, you are entitled to 3 weeks of paid vacation.

Let’s assume that your employer’s reference year is from May 1 to April 30. At the end of the reference year, you will have accumulated 5 months of uninterrupted service (December 1 to April 30).

Since you have less than a year of service, under the Act respecting labour standards you are entitled to 1 working day per month of paid annual vacation. Therefore, you are entitled to 5 days of paid vacation.

Yes. If you perform the same duties as the other employees in the company, your employer must give you the same amount of vacation, even if you work part-time. Because you have 3 years of uninterrupted service for the same employer, you are entitled to 2 weeks of paid vacation, and upon request another week of vacation without pay.

Of course, the calculation of the vacation pay will be done according to how many hours you have worked. The pay will be:

• 4% of your gross earnings during the reference year, if you have less than 5 years of uninterrupted service;
  
• 6% of your gross earnings during the reference year, if you have 5 years or more of uninterrupted service.

For the meaning of “reference year” and “uninterrupted service”, see the question “How much annual paid vacation am I entitled to?”

In most cases, you have to take your vacation during the 12 months that follow the end of the reference year. If you are unable to take your annual vacation because of sickness, an accident, or a criminal offence, or because you are already on leave for family or parental reasons, you can ask your employer to defer your annual vacation to the following year. If your employer does not defer the annual vacation, he must give you pay equivalent to the annual vacation instead.

If you are a unionized worker, your collective agreement may provide for a deferral of annual vacation.

The government can also decide in a collective agreement decree that you can defer your annual vacation.

No. Your employer cannot decide to exchange your annual vacation time for payment unless he is permitted to do so by:

• a collective agreement; or
  
• a collective agreement decree issued by the government.

However, you, the employee, can ask your employer to exchange your 3rd week of vacation time for payment if:

• You are entitled to 3 weeks of vacation time for that year; AND
  
• Your employer shuts down for 2 weeks during your vacation.

Yes, weeks of vacation can sometimes be divided. You could ask to have your vacation divided and take your third week at another time of year.

Your employer can refuse your request if he shuts down for a period that is the same or more than your annual vacation time. In the scenario described in this question, your employer could deny your request if, instead of shutting down for 2 weeks, he shuts down for 3 or more weeks. Why? Because your 3 weeks of paid vacation would then be equal to the shutdown period of 3 weeks.

If you are a unionized employee, your collective agreement will state whether the division of vacation into 2 or more periods is allowed. The government can also decide when this is allowed in a collective agreement decree.

Yes. Even though the employer must respect the amount of vacation an employee is entitled to, he still has the privilege of choosing annual vacation dates so that they fall at a less busy time. He does have to let you know these dates at least 4 weeks in advance.

No. The Act respecting labour standards is clear on this point: your employer must give you your vacation pay in one payment before the beginning of your vacation, unless your collective agreement or a collective agreement decree issued by the government states otherwise.

Farm workers who are hired on a daily basis are an exception. Their vacation pay can be added to their wages on a daily basis.

If you and your employer have agreed to split your vacation (e.g.: one week in June and two weeks in September) you are entitled to the vacation pay for each portion at the beginning of that vacation period.

Vacation pay is equal to:

• 4% of your gross salary earned during the reference year if you have less than 5 years of uninterrupted service;
  
• 6% of your gross salary earned during the reference year if you have 5 years or more of uninterrupted service.

For the meaning of “reference year” and “uninterrupted service”, see the question “How much annual paid vacation am I entitled to?”

Yes, if your employment contract is cancelled you are entitled to payment for the vacation days you have not been able to use from the previous year, in addition to 4% or 6% (depending on length of service) of the gross salary you earned during the current reference year.