LABOUR
STANDARDS
Part-time workers and their annual leave
No employer may reduce the annual leave of a part-time
employee or change the way in which the indemnity pertaining
to it is computed, in comparison with what is granted to
other employees performing the same tasks in the same
establishment for the sole reason that the employee usually
works fewer hours each week.
Employees earning more than twice the minimum wage are
excluded from this provision.
Going on leave
• The annual leave must be taken in the 12 months following
the reference year. However, an employee may ask his
employer to allow him to take his annual leave, in whole or
in part, during the reference year.
If, at the end of the 12 months that follow the end of a
reference year, the employee is absent owing to sickness,
accident or a criminal offence, or is absent or on leave for
maternity or parental matters, the employer may, at the
employee’s request, defer the annual leave to the following
year. If the annual leave is not deferred, the employer must
pay the annual leave indemnity to the employee who is
entitled thereto.
• The employer has the privilege of setting the date of the leave.
• The employee must be informed of the date of his leave at
least four weeks beforehand.
• The annual leave may not be replaced by a compensatory
leave, except in the following cases:
when a collective agreement or a decree provides for
a specific provision to that effect;
when the establishment closes down for two weeks at
the time of the annual leave and an employee asks
that his third week of leave be replaced by such an
indemnity.
Division of the annual leave
The annual leave may be divided into two periods if the
employee so requests. However, the employer may deny this
request if he closes his undertaking for a period equal to or
greater than that of the employee’s annual leave.
An employer who, prior to March 29, 1995, closed his
undertaking during the annual leave, may divide the annual
leave of an employee who is entitled to three weeks of leave
into two periods, one of which corresponds to this closure
period. However, one of these two periods must be of a
minimum duration of two uninterrupted weeks.
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The annual leave may also be divided into more than two periods at the employee’s
request if the employer consents thereto.An annual leave that lasts one week or less may
not be divided. A special provision of a collective agreement or a decree may provide for
the division of the annual leave into two periods or more, or prohibit such division.
Absence by the employee
Should an employee be absent owing to sickness,accident or on maternity or paternity leave
during the reference year and should that absence result in the reduction of that employee’s
annual leave indemnity, the employee is then entitled to an indemnity equal to twice or
three times the weekly average of the wage earned during the period of work, according to
the length of uninterrupted service. If the annual leave is less than two weeks,the employee
is entitled to that amount in proportion to the days of leave that he has accumulated.
Example of how to calculate the annual leave indemnity in the event of
absence for maternity leave or parental leave*
Ann worked 20 weeks during the reference year and took 18 weeks of maternity leave and
14 weeks of parental leave. She earned an average of $340 per week and was entitled to
two weeks of annual leave. How is her indemnity calculated?
Calculation method
FORMULA Ann’s indemnity
Average weekly wage $340
X 2 or 3 times the average weekly X 2
wage earned (depending on the
uninterrupted service)
==
$680
X total (weeks worked (20 weeks worked +18 weeks of
+ maternity leave) maternity leave) X 38
==
$25,840
÷ number of weeks in the year ÷ 52
==
Annual leave indemnity $496.92
In this case, to calculate the indemnity, it is necessary to take into account the number of
weeks worked and the number of weeks of maternity leave; without taking into account
the weeks of absence for parental leave as the Act does not provide for this.
* The calculation formulas are given for information purposes. For more details, please refer to the Act respecting
labour standards and its regulations or get in touch with the Service des renseignements.
Contract of employment cancelled
When a contract of employment is cancelled, the employer must pay the employee the
indemnity for the annual leave that he did not take, as well as an indemnity equal to 4%
or 6% of the gross wages of the current reference year, according to the length of
uninterrupted service.
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