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Eligibility
Both full-time and part-time employees are
eligible for annual vacations and vacation pay. If an employer
agrees to give an employee more vacation or vacation pay
than the Act requires, the Branch can enforce this agreement.
Annual Vacation Entitlement
An employee is entitled to two weeks of annual
vacation after 12 consecutive months of employment.
After five consecutive years of employment
an employee becomes entitled to three weeks of annual vacation.
If a job lasts less than one year, the employee
is not entitled to take annual vacation, but still qualifies
for vacation pay as long as he or she has been employed
for at least five calendar days.
The sale, lease or transfer of a business
does not interrupt consecutive employment. The time an employee
is on an approved leave under the Act does not interrupt
consecutive employment.
Annual vacation leave must be given within
one year of when the employee becomes entitled to vacation.
Vacation Pay
A person employed for less than five calendar
days is not entitled to vacation pay.
In the first four years in which an employee
is entitled to take annual vacation, the employer must pay
vacation pay of at least four per cent of all wages paid
to the employee in the preceding year.
In the fifth and following years of entitlement,
the employer must pay vacation pay of at least six per cent
of all wages paid in the preceding year.
Any vacation pay received by an employee
is counted as part of the total wages paid in a particular
year.
Paying vacation pay
Vacation pay is payable at least seven days
before the start of the annual vacation, or on regular pay
days if agreed to in writing by the employer and the employee.
An employer cannot reduce an employee’s
annual vacation or vacation pay because the employee was
paid a bonus or sick pay, or was previously given a vacation
longer than the minimum. However, annual vacation or vacation
pay may be reduced if an employee asked for and was given
annual vacation in advance.
An employer must pay all wages, including
vacation pay, within two days if the employer terminates
the employment. If the employee terminates his or her employment,
wages and vacation pay must be paid within six days.
Scheduling Vacations
An employer must schedule an employee’s
annual vacation in periods of one or more weeks unless the
employee requests shorter periods.
An employer must make sure an employee takes
all vacation within 12 months of the employee becoming entitled
to it. Within these 12 months, the employer has the right
to say when the vacation will be taken.
If a statutory holiday occurs during a vacation,
the holiday is not counted as part of the vacation. The
employer must give the employee another day off with pay
for the holiday.
The Act does not permit an employee to work
through an annual vacation and be paid for this time as
well as receive vacation pay.
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This factsheet has been prepared for general
information purposes. It is not a legal document. Please
refer to the Employment Standards Act and Regulation for
purposes of interpretation and application of the law. July
2002
For more information, please contact the Employment
Standards Branch at their hotline
1-800-663-3316 (toll-free in British Columbia)
If for any reason you cannot reach
them you can contact
your local MLA who will help you get in contact with
someone at the Employment Standards Branch.
