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Employees - Labour standards

Annual Vacation

Caroline works part-time in a dépanneur. She has often heard that she doesn’t have a right to paid annual vacation because she doesn’t work full-time. Her boyfriend, Sébastien, also believes that he doesn’t have a right to paid annual vacation because, even though he works full-time, he also studies full-time. According to their friends, neither one of them is entitled to annual paid vacation under the Act respecting labour standards. What's the real story?

In this Infosheet, Éducaloi demystifies the application of the Act respecting labour standards for paid annual vacation.

Does the Act respecting labour standards apply to me?

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.

Many workers are not covered, or are only covered in part by the Act respecting labour standards.

To find out if the Act respecting labour standards applies to you, consult our Infosheet Labour standards in Quebec  (http://www.educaloi.qc.ca/en/loi/employees/91/).

Remember that the Act respecting labour standards can apply to you even if you are covered by a collective agreement or a collective agreement decree. For details, see the question "Is it possible to receive more advantages than those given by the Act respecting labour standards?".

Is everyone who is covered by the Act respecting labour standards entitled to annual paid vacation?

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;
  
• 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.

How much annual paid vacation am I entitled to?

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 that runs from May 1 to April 30.

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.

I was hired 6 months ago, on December 1 of last year. How many paid vacation days am I entitled to?

On April 30, the end of the reference year, you will have accumulated five (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.

I have been working part-time for the same employer for 3 years. Do I have a right to annual 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?”

Can I save my weeks of vacation and use them in a later year?

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 you are a Reservist of the Canadian forces called to duty or because of sickness, an accident, or a criminal offence, or because you are already on leave for family or parental reasons, you may 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.

Can my employer decide to exchange my annual vacation time for payment?

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.

My company shuts down during the 2 weeks of construction holiday. I am entitled to 3 weeks of paid vacation. Can I choose when to take my third week of 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 only refuse your request if he shuts down for a period that is the same or more than your annual leave.

In the scenario described in this question, your employer would have to allow you to take your 3rd week of vacation at another time since he only closes for 2 weeks and you have the right to 3 weeks.

It would be a different matter if, instead of shutting down for 2 weeks, he shuts down for 3 or more weeks. In that case, your employer could deny your request. Why? Because your 3 weeks of paid vacation would then be equal to the shutdown period of 3 weeks.

I work in an amusement park where it gets especially busy in July. Can my employer make me take my 3 weeks of vacation at another time of year?

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.

My employer refuses to give me my annual vacation pay before my vacation. Is this legal?

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.

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?”

Can I collect my annual vacation pay before receiving employment insurance benefits?

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.

Is it possible to receive more advantages than those given by the Act respecting labour standards?

Yes. What’s found in the Act respecting labour standards is only the minimum that you can get. You can always negotiate with your employer to try and get more weeks of vacation or higher vacation pay.

It is possible that your work conditions are covered by a collective agreement or a collective agreement decree. If that is the case, you might have:

• more vacation time;
  
• greater vacation pay;
  
• a different reference year than May 1st to April 30th (for example, from the moment that you are hired);
  
• further possibilities of dividing your vacation during the year;
  
• further options allowing you to replace vacation time by additional pay;
  
• different requirements on how to pay you your vacation pay;
  
• more options on postponing your vacation to another time.

Your union representative or the parity committee that is in charge of supervising the application of your collective agreement decree can inform you about your particular situation.

To learn more about collective agreements and collective agreement decrees, consult our Infosheet Employment law  (http://www.educaloi.qc.ca/en/loi/employees/96/).

Useful Links :

1. Website of the Commission des normes du travail  [http://www.cnt.gouv.qc.ca]