Vacation Time in Ontario: Know Your Employee Rights

Vacation time in Ontario is the job-protected time off that employees earn while working for the same employer. This entitlement builds up over time and is separate from vacation pay (the money you receive when you take time off). Even if you don’t take vacation, your employer must still pay you vacation pay.

Vacation pay is regulated by Ontario’s Employment Standards Act (ESA).

Table of Contents

What is the difference between vacation time and vacation pay?

• Vacation Time: The actual time off your earn from your employer
• Vacation Pay: A percentage of your wages paid out during your vacation. Learn more in our separate blog on Vacation Pay in Ontario.

⬆ Back To Top

How many vacation days do you get in Ontario?

The minimum vacation time under the ESA depends on how long you’ve worked for your employer:

Example: Ali’s Vacation Entitlement

• First Year: Ali accrues time, but can’t use it yet
• After 1 Year: Gets 2 weeks of vacation
• After 5 Years: Earns 3 weeks per year

Note: If Ali takes a job-protected leave, such as parental leave, or the business he works for is sold, his length of employment continues uninterrupted for the purpose of calculating his vacation time.

⬆ Back To Top

Understanding Vacation Entitlement in Ontario

You earn vacation time throughout your employment.

• Employers may use a standard 12-month period or choose a different “entitlement year.”
• If your employer uses a different cycle, they must prorate your vacation for any “stub” period. This means they will calculate a partial amount of vacation time based on the shorter period between your start date and the beginning of the new vacation cycle.

⬆ Back To Top

Can you negotiate more vacation time?

Yes, you can negotiate with your employer for more vacation time. They can agree to give more time off than required by the ESA.

⬆ Back To Top

When can I use my vacation time?

Vacation time becomes usable after it has been earned, typically after 12 months of work. You and your employer can decide when it is taken, based on mutual availability and operational needs.

⬆ Back To Top

Can my employer refuse my vacation request?

Yes. Employers can schedule your vacation based on business needs. However, they must ensure that you get your vacation time within 10 months of the end of the entitlement year.

Tips to get your preferred time off:

• Follow your employer’s vacation request process
• Give plenty of notice
• Don’t book travel until your time off is approved

⬆ Back To Top

Can my employer cancel approved vacation?

Generally, no – not after you’ve made substantial plans. If vacation was approved and you’ve booked flights and hotels, or made other commitments, your employer must act resonable and in good faith.

⬆ Back To Top

Can vacation days cover unpaid absences? 

Yes. Employers can require you to use vacation days to cover time off. They must schedule it in 1-, 2-, or 3-week blocks unless your agree to shorter periods.

You may also use sick days or banked overtime, depending on your situation.

⬆ Back To Top

Can I carry over unused vacation time?

In most cases:

• Statutory vacation must be used within 10 months or paid out.
• Extra vacation (beyond ESA) can sometimes be carried over – check your employment contract for more details.
• Employers may enforce a “use-it-or-lose-it” policy for non-statutory vacation time.

⬆ Back To Top

Can my employer ask me to work while on vacation?

No. Vacation time must be free of work obligations. Exceptions only apply if you specifically agreed to be available for emergencies.

⬆ Back To Top

What happens to vacation time if you’re fired?

If you’re let go, your employer must pay out any unused, earned vacation time within 7 days or on your next scheduled payday – whichever comes first.

If your employer approved your time off and then fired you for taking it, this could be considered a reprisal.

If you were terminated without cause in Ontario, you are likely owed up to 24 months’ pay as severance.

Lost Your Job? Termination Tied to Vacation Time?

Our Ontario employment lawyers are ready to help you navigate your dismissal during your difficult time.

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.

Find out why we were chosen as one of Canada’s Best Law Firms by The Globe and Mail. Contact us online today or call 1-855-821-5900 for a consultation, and take the first step toward protecting your rights and securing your financial future.

Get the advice you need, the compensation you deserve.