Vacation pay is not a perk — it is a legal entitlement. If your employer owes you vacation pay that hasn’t been paid, you can recover it through your provincial employment standards office.
The short answer
Calculate what you are owed, request it in writing from your employer, and if they do not pay, file a complaint with your provincial employment standards office. It is free, and the government investigates on your behalf.
How vacation pay is calculated in Canada
Vacation pay is based on a percentage of your gross wages. Employers may hold it in a bank and pay it before vacations, or pay it out on each paycheque.
| Years of Service | Minimum Vacation Pay | Minimum Vacation Time |
|---|---|---|
| Less than 1 year | 4% of gross wages | Pro-rated 2 weeks |
| 1–4 years | 4% of gross wages | 2 weeks |
| 5+ years | 6% of gross wages | 3 weeks |
These are provincial minimums. Your employment contract may provide more.
Gross wages includes: regular pay, overtime, commissions, bonuses (if regular), statutory holiday pay, and shift premiums. It does not include vacation pay already paid out.
Province-by-province minimum vacation pay
| Province | Rate (after 1 year) | Rate (after 5 years) |
|---|---|---|
| Ontario | 4% (2 weeks) | 6% (3 weeks) |
| British Columbia | 4% (2 weeks) | 6% (3 weeks) |
| Alberta | 4% (2 weeks) | 6% (3 weeks) |
| Quebec | 4% (2 weeks + 1 day) | 6% (3 weeks) |
| Manitoba | 4% (2 weeks) | 6% (3 weeks) after 5 years |
| Saskatchewan | 3/52 of wages (3 weeks) | 4/52 (4 weeks) after 10 years |
| Nova Scotia | 4% (2 weeks) | 6% (3 weeks) after 8 years |
| Federal jurisdiction | 4% (2 weeks) | 6% (3 weeks) after 5 years |
Saskatchewan has among the most generous minimums in the country.
When vacation pay is commonly withheld or disputed
- On termination: Your employer must include all accrued vacation pay in your final paycheque. This is one of the most common wage violations.
- Mid-year: If your employer never provided vacation time throughout the year, you are still owed the pay.
- Contractor misclassification: If you were treated as an employee in practice, you may be entitled to vacation pay even if your contract said otherwise.
Step 1: Calculate the amount owed
Add up your total gross wages over the period in question and multiply by your applicable percentage (4% or 6%). If you were paid vacation pay on your paycheques already, subtract what was paid.
Step 2: Request payment in writing
Email your employer or HR department with a short message stating the amount owed, the period it covers, and a payment deadline. This creates a record. Keep a copy.
Step 3: File an employment standards complaint
If your employer does not pay, file a complaint with your provincial employment standards office. Filing is free. An officer will contact your employer, investigate, and can order full repayment plus interest.
| Province | Employment Standards Complaint |
|---|---|
| Ontario | Ministry of Labour — ontario.ca/labour |
| British Columbia | Employment Standards Branch — gov.bc.ca |
| Alberta | Employment Standards — alberta.ca |
| Quebec | CNESST — cnesst.gouv.qc.ca |
| Federal employees | Canada Labour Program — canada.ca/labour |
What your employer cannot do
- Refuse to pay vacation pay because you didn’t take the time off
- Take back vacation pay already earned
- Substitute unpaid overtime for vacation time without written agreement
- Reduce vacation pay when you leave
Key takeaway
Vacation pay is earned wages. If your employer hasn’t paid it out — whether during employment or at termination — calculate the amount, put your request in writing, and file with employment standards if needed.