Vacation Time in Ontario: Your Complete Guide to ESA Vacation Rules (2025)

Vacation time in Ontario is the job-protected time off you earn while working for the same employer. It’s different from vacation pay, which is the money you receive when you take time off — but both are governed by the Employment Standards Act (ESA).

This guide answers the most common questions employees ask, including:

• How many vacation days do I get in Ontario?
• Do vacation days carry over?
• When do you get 3 weeks of vacation?
• Can an employer deny or revoke vacation?
• What happens if you don’t take your vacation?
• Does Ontario allow “use it or lose it”?

Table of Contents

1. What Counts as Vacation Time in Ontario?

Vacation time is the job-protected time off you earn each year.
It accrues during your “vacation entitlement year,” which may be:

• A standard 12-month period, or
• A custom cycle chosen by your employer (e.g., January–December)

Your employer must track your entitlement and ensure you’re able to take it within the ESA deadline.

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2. Vacation Time vs. Vacation Pay

• Vacation time: The actual days or weeks off work.
• Vacation pay: A percentage of your wages paid when you take vacation (or paid out if unused at termination).
  • 4% of wages if you get two weeks
  • 6% of wages if you get three weeks

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3. How Many Vacation Days Do You Get in Ontario?

Under the ESA, your minimum vacation time depends on how long you’ve worked:

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4. Vacation Entitlement by Years of Service

Many employees search for “how many weeks’ vacation after X years.” Here is the complete table:

Ontario does not increase vacation again after 5 years unless your employment contract offers more.

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5. When You’re Allowed to Take Your Vacation

You can typically take vacation after completing 12 months of employment — unless your employer voluntarily allows you to take it sooner.

Vacation must be scheduled:

• In one 2-week block,
• Two 1-week blocks, or
• Smaller segments if the employee agrees.

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6. Can an Employer Deny a Vacation Request in Ontario?

Yes.
Employers can refuse or reschedule vacation requests based on legitimate business needs.

However, they must still ensure you receive all your vacation time within 10 months of the end of your entitlement year.

How to Improve Your Chance of Approval:

• Follow the employer’s request process
• Provide plenty of notice
• Don’t book travel until approval

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7. Can an Employer Cancel or Revoke Approved Vacation?

Generally, no — not after you’ve made significant, non-refundable plans.

If an employer cancels approved vacation after you’ve booked travel, they must act:

• In good faith, and
• Reasonably, to avoid financial harm

Revoking vacation without justification may lead to a constructive dismissal in Ontario or reprisal claim.

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8. PTO in Ontario (Paid Time Off)

“PTO” is a US concept, not an ESA category.

In Ontario:

• Vacation time
• Vacation pay
• Ontario sick days
• Personal emergency leave (in some cases)

…are all separate categories unless your employer combines them voluntarily in a contract or policy.

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9. Do Vacation Days Carry Over in Ontario?

Ontario has two types of vacation:

A) Statutory ESA Vacation

(Your 2 or 3 weeks) Must be taken within 10 months of the end of the vacation year.

If you don’t take it:

• Your employer must pay it out, or
• Require you to take it

It can’t be lost.

B) Extra or Contractual Vacation

Anything beyond ESA minimums

• May or may not carry over
• Depends on your contract or policy

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10. “Use It or Lost It” Vacation Policies in Ontario

Ontario employers can’t apply “use it or lose it” to ESA-minimum vacation.

They can apply “use it or lose it” to extra vacation, if the policy is:

• Clearly communicated
• Non-retroactive
• Reasonable

If your employer tries to apply “use it or lose it” to your ESA minimum, it’s unlawful.

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11. Can an Employer Deny Unpaid Time Off in Ontario?

Yes — unless:

• You’re taking a job-protected leave of absence in Ontario, or
• Your contract specifically allows unpaid personal days

Employers can refuse unpaid time off for operational reasons.

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12. Working While on Vacation

You are not required to work during vacation under the ESA.

Your employer can’t:

• Contact you regularly
• Expect you to answer emails
• Require work unless you explicitly agreed in advance

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13. What Happens If You Don’t Take Your Vacation?

Your employer must either:

• Ensure you take your ESA vacation, or
• Pay it out within the ESA deadline

If they refuse or ignore requests, they may breach the ESA.

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14. Vacation Time After Termination or Layoff

If you’re fired without cause, laid off, or resign:

• All earned, unused vacation must be paid out
• Payment must be made within 7 days or on the next payday

If you were wrongfully dismissed in Ontario, you may also be entitled to:

• Up to 24 months of severance pay
• Outstanding vacation pay
• Potential damages if vacation time played a role

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15. Talk to an Ontario Employment Lawyer Today

If your employer denied vacation, cancelled approved time off, or failed to pay your vacation correctly after termination, we can help.

Samfiru Tumarkin LLP is one of the most experienced employment law firms in Canada. We’ve helped over 50,000 non-unionized employees secure the compensation they’re legally owed.

📞 Call us at 1-855-821-5900 or request a consultation online.