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I have been employed by a company in Ontario for 3 years and my contract states I receive 3 weeks of vacation per year but is silent on the % amount.
If I quit am I entitled to the ESA stat min of 4% or because my contract has 3 weeks of vacation I am entitled to 6 % of the total wages earned in each vacation year?
In Ontario, if an employee with less than five years of service quits, are entitled to 4% of their gross wages as vacation pay, regardless of whether they received 3 weeks of vacation time annually?
Hello,
You are correct that the minimum entitlement to vacation for someone with three years of service in Ontario is two weeks of 4% of pay. This is only a minimum, however, and employers can offer more, as they have done in your case. In the event you quit and are owed vacation pay, it will be based on your three week entitlement, not the minimum entitlement.
Regards,
Lluc Cerda
Lawyer
You are correct that the minimum entitlement to vacation for someone with three years of service in Ontario is two weeks of 4% of pay. This is only a minimum, however, and employers can offer more, as they have done in your case. In the event you quit and are owed vacation pay, it will be based on your three week entitlement, not the minimum entitlement.
Regards,
Lluc Cerda
Lawyer