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I left my previous job and was off due to a workplace injury. Now that I have quit my job, my employer assured me that I would receive my vacation payout, but now they say I will not be getting it because they used it while I was off injured.
The company applied the first week of my absence as vacation without my knowledge.
I was not receiving any WSIB benefits, as I was set to return with modified duties and was told that, therefore, that time off was considered unpaid leave. Is this permitted in Ontario? Are there any legal steps I can pursue in this situation?
Under the Employment Standards Act, 2000, your employer's unilateral application of vacation time to an injury-related absence without your knowledge or written consent is illegal, and the refusal to pay accrued vacation pay upon your departure contravenes s. 38 of the ESA. Filing an ESA claim with the Ministry of Labour is the most direct enforcement step available to you, and it is free to file.