Vacation pay counts as working experience?

[angeland]

Hi there,

My situation is a bit tricky here, please help.

I came to Canada under IEC and it's only available for one year in my country.
I will have 11.5 month full time experience (in office environment, M-F 9-5, 37.5 hours a week) when my IEC expires in April.
To be exact, I will have 11 calendar days/ 7 working days less than the required 12-month full time experience.

I have not taken any vacation during this period, I understand that when I leave the company, the vacation pay accumulated will be given.
I wonder if the vacation pay can be counted as part of the working period? (I'm in BC)

Can I request my employer to indicate on the employment letter that I have worked from May xx 2013 to April xx 2014, and from April xx to May xx 2014 I am on vacation pay, so that it shows a full 12-month working?

Thank you so much.

 

[iam_toby]

Hi there,

My situation is a bit tricky here, please help.

I came to Canada under IEC and it's only available for one year in my country.
I will have 11.5 month full time experience (in office environment, M-F 9-5, 37.5 hours a week) when my IEC expires in April.
To be exact, I will have 11 calendar days/ 7 working days less than the required 12-month full time experience.

I have not taken any vacation during this period, I understand that when I leave the company, the vacation pay accumulated will be given.
I wonder if the vacation pay can be counted as part of the working period? (I'm in BC)

Can I request my employer to indicate on the employment letter that I have worked from May xx 2013 to April xx 2014, and from April xx to May xx 2014 I am on vacation pay, so that it shows a full 12-month working?

Thank you so much.

This it not going to work. You have to gain your experience on a valid work permit.

 

[sophie_fr]

Hi angeland,

I don't think this would work because CIC won't count work experience after your visa has expired.

 

[angeland]

Thanks iam_toby & sophie_fr!

I'm waiting for my LMO results and people here say IEC participants cannot get implied status.
By the time I have the results (hopefully it's +ve), the CEC quota may have been filled.

That's why I'm asking.... okay, so another door closed. :'(

 

[iam_toby]

Thanks iam_toby & sophie_fr!

I'm waiting for my LMO results and people here say IEC participants cannot get implied status.
By the time I have the results (hopefully it's +ve), the CEC quota may have been filled.

That's why I'm asking.... okay, so another door closed. :'(

Correct, the implied status does not apply for IEC work permits.
But you can apply for another IEC work permit under a different category, can't you? That's what I did.
I came to Canada on the working holiday visa, then before it expired, I applied for the young professional visa.
Maybe look into that as a plan b.

 

[Kiranmayi]

Hey toby,

What about the same situation for CEC category. Will they count no.of vacation days in the one year experience? Because I was in vacation for one month last year.

 

[iam_toby]

Hey toby,

What about the same situation for CEC category. Will they count no.of vacation days in the one year experience? Because I was in vacation for one month last year.

If you got paid for the time you were off work, then yes it can be counted.
If you didn't get paid, and took the time of without pay, then it can't be counted towards the one year.

 

[jes_ON]

What about the same situation for CEC category. Will they count no.of vacation days in the one year experience? Because I was in vacation for one month last year.

Assuming you remained employed while you were on vacation, there is a big difference between your situation and angeland's. Angeland will no longer be employed.

However, current guidance suggests that CIC will consider a "reasonable" amount of vacation toward the employment experience, such as two weeks Although this is supposed to be determined on an individual basis, I would not be surprised to see vacation in excess of two weeks being excluded. In other works, make sure you have at least a two-week cushion before you apply ...

 

[Kiranmayi]

oh ok thanks for the clarification.

I got paid for whole month when I was on vacation.

 

[iam_toby]

oh ok thanks for the clarification.

I got paid for whole month when I was on vacation.

Yes, as jes_ON already correctly stated, the OP25-A clearly says the following

An allowance for a reasonable period of vacation time will generally be made in
calculating the period of qualifying work experience (e.g., a two-week period of paid
vacation leave within a given 52-week period in which the applicant was engaged in
qualifying work experience).

This, however, is determined on a case-by-case basis, but as it says paid vacation up to two weeks
are no problem and longer vacation will be individually assessed. In your case, I would make sure to apply
with a 2 week buffer to be on the safe side.

 

[ljiljka007]

Hey toby,

What about the same situation for CEC category. Will they count no.of vacation days in the one year experience? Because I was in vacation for one month last year.

Hi Kiranmayi

I've been told that CIC counts only 2 weeks of paid vacation per 52 week period. I had 3 weeks of vacation so I plan to wait to have 1 year + 1 week of work experiece because of that. And I advice You to do the same.

 

[iam_toby]

Hi Kiranmayi

I've been told that CIC counts only 2 weeks of paid vacation per 52 week period. I had 3 weeks of vacation so I plan to wait to have 1 year + 1 week of work experiece because of that. And I advice You to do the same.

The two weeks is not a rule, it's a recommendation. Paid vacation up to two weeks is no problem, vacation exceeding two weeks will
be assessed on a case-by-case basis. But yes, as I earlier said, to be on the safe side, apply with a buffer to avoid the refusal of your application.

 

[Kiranmayi]

hmmm....then I have to clarify one more thing from you guys.

I had 4 weeks of paid vacation and 2 weeks of work from remote i.e. from India. Should I exclude (2+2) weeks from the count since I was not physically in Canada?


Please dont get angry on me because I am asking this to understand each and every points before i go and apply for PR. Thanks for all your coperation.

Kiranmai

 

[jes_ON]

I had 4 weeks of paid vacation and 2 weeks of work from remote i.e. from India. Should I exclude (2+2) weeks from the count since I was not physically in Canada?

Reasonable questions, no worries! The time working from India, I believe must be excluded. As for the vacation time, It's not so much about "excluding" it, but giving yourself some extra time just in case the VO questions it. Yes, my recommendation for you would be to work an extra month (13 months) before applying, just to be safe. Better to wait an extra month (if you can), than to wait 8-10 months for a refusal ...

 

[Kiranmayi]

Yes. That I agree. I will follow your suggestion to avoid all refusal cases.. thanks alot