Vacation pay?

[884Thunder]

Hello everybody,
I have a question about vacation pay,
I am currently in Canada on work permit, I worked for 4 years straight without taking any paid vacation, so my question is:
I am planning to take this year vacation so can I use that paid vacation from previous 4 years that I didn't use?
And If my employer refuse to pay me what is my opinion by law?
Thanks

 

[scylla]

Hello everybody,
I have a question about vacation pay,
I am currently in Canada on work permit, I worked for 4 years straight without taking any paid vacation, so my question is:
I am planning to take this year vacation so can I use that paid vacation from previous 4 years that I didn't use?
And If my employer refuse to pay me what is my opinion by law?
Thanks

It depends on the company policy. Some allow you to carry over some unused vacations into the following year and some don't. Typically you cannot carry over all of your unused vacations days into future years. Typically you can only carry over a few or you don't carry over any (i.e. use it or lose it).

 

[884Thunder]

So by labor law my employer is not required to pay me unused vacation from previous years ?

 

[Copingwithlife]

Vacation pay and the usage is generally determined by a Union contract, then Company Policy. If no Union Contract, then Company Policy. Did the company pay you vacation pay already ? Generally vacation pay is 4 percent or 6 percent dependent how long you have been with the company, and they will pay you that on your pay cheque. Anything to do with vacation pay is handled by the province you are in, not federally unless you work for something under the Federal Jurisdiction. Examples, airlines, railroads, banks

 

[Copingwithlife]

So by labor law my employer is not required to pay me unused vacation from previous years ?

That is too general of a question to ask. Have you checked your company policy and or union contract, failing that the provincial labour code from your province?

 

[884Thunder]

That is too general of a question to ask. Have you checked your company policy and or union contract, failing that the provincial labour code from your province?

I am in Alberta
No I didn't get anything on my paychecks, I just couldn't take vacation because my company was already short with staff so I couldn't get any. Now I am planning to take some vacation so thats why I am curious if I can get that unpaid vacation.

 

[xylene]

I am in Alberta
No I didn't get anything on my paychecks, I just couldn't take vacation because my company was already short with staff so I couldn't get any. Now I am planning to take some vacation so thats why I am curious if I can get that unpaid vacation.

You should check with your HR on the company policy. There is no requirement by law that all unused vacation for the previous years should be given away / carry forwarded. It is a benefit that company gives.

 

[884Thunder]

Thanks for your help.
I work for small convenience store, we don't have HR but I will see what my boss will say.I just wanted to make sure if he refuse to pay what my opinion would be and if I am protected by labor law in that situation.

 

[21Goose]

https://www.alberta.ca/vacation-pay.aspx

That should help. You can also contact a lawyer who specializes in labor law since this isn't really an immigration question and I don't know if you'll get proper advice on this forum.

 

[canuck78]

You may be an hourly wage worker which normally doesn't come with vacation pay. Most employers also don't allow for people to take large chunks of time off unless a sabbatical has been arranged. Have you read your work contract?

 

[884Thunder]

You may be an hourly wage worker which normally doesn't come with vacation pay. Most employers also don't allow for people to take large chunks of time off unless a sabbatical has been arranged. Have you read your work contract?

Yes you are right I am hourly wage worker.At my contact it's said that I have 2 weeks paid vacation annually.Only confusion is that if I am allowed to use that unpaid vacation from previous years. Any recommendation who should I contact in Alberta to get more accurate informations?

 

[foodie69]

You may be an hourly wage worker which normally doesn't come with vacation pay. Most employers also don't allow for people to take large chunks of time off unless a sabbatical has been arranged. Have you read your work contract?

Even hourly paid get vacation pay..
https://www.alberta.ca/vacation-pay.aspx#toc-1