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While they must do so reasonably, employers are entitled to designate the times in which employees will take their vacation (subject to regulations regarding minimum length, so that employers cannot order an employee to take 10 single days scattered throughout the year, for example).
Furthermore, many employers encounter employees who refuse to take their vacation time, perhaps hoping they can bank it (see below).
Under the same act, however, employees are entitled to receive a minimum of four per cent of the gross “wages” they earn in every vacation entitlement year. Vacation pay is not only calculated using base salary.
In Ontario and other jurisdictions, “wages” on which vacation pay is to be calculated include base pay, commissions, non-discretionary bonuses, overtime pay, holiday pay, termination pay, allowances for room and board, et cetera.
According to the Employment Standards Act and similar legislation, vacation pay is earned after completion of the first year of employment.
Employers are entitled to choose when employees take their vacation time.
There is no statutory entitlement to vacation in the first year, as set out above.
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Under that act, employees earn a minimum of two weeks of vacation time for every complete 12 month “vacation entitlement year.” Since the vacation time is only earned after completion of a 12-month period of work, an employee is not entitled, by statute, to vacation time during their first year of employment.
However, the parties can negotiate a greater benefit.