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My employment contract states I am entitled to 15 days of vacation. I already took 7 days and have accrued 7 days that I have not taken. HR is saying that they have a policy, which was never provided to me at the time of signing or signed by me at a later point, which states they will only pay me the statutory minimum and minus the time I have already taken off. In my case its 10 days of statutory minimum minus the 7 I already took, hence only 3 days will be paid out instead of the 7.

Am I entitled to the full 7 days of vacation?

For context here is the snippet of my employment contract:

Vacation: You will be entitled to 3 weeks of vacation time each calendar year of your
employment, pro-rated for 2024, which vacation time entitlement will increase over time in
accordance with the vacation policy of the Company (the “Vacation Policy”). You will receive
vacation pay at least equal to the greater of your base salary when you take vacation time and
such vacation pay as is expressly required by applicable employment standards legislation. At
the end of each calendar year, any unused vacation entitlements that are above the employment
standards legislation minimum shall be forfeited. For certainty, in no case will you receive less
than, or be required to forfeit your minimum statutory vacation entitlement under applicable
employment standards legislation. Your vacation entitlements will be in all respects governed by
the terms and conditions of the Vacation Policy, a copy of which will be provided to you.

The section in the contract that you shared with us states that "any unused vacation entitlements that are above the employment standards legislation minimum shall be forfeited." You should use the 7 vacation days you have left this year; otherwise you will lose 4 of them.
The Lawyers at Samfiru Tumarkin LLP
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