Whether you are taking a week off to travel or just enjoying a staycation, taking time away from work should not compromise your financial stability. In Ontario, vacation pay is a legally guaranteed employment right.
Unfortunately, issues frequently arise when employers miscalculate this percentage, force employees to take unpaid time, or withhold accrued vacation pay when an employee is terminated.
The Quick Answer: How is vacation pay calculated in Ontario? Under the Ontario Employment Standards Act (ESA), vacation pay is calculated as a percentage of your gross wages. Employees with less than 5 years of service earn 4% vacation pay. Employees with 5 or more years of service earn 6% vacation pay.
On This Page:
- 1. How to Calculate Vacation Pay
- 2. Vacation Pay After 10 Years
- 3. When Does Your Employer Have to Pay You?
- 4. Bonus and Commissions
- 5. Do I Get Vacation Pay if I Quit or Am Fired?
- 6. Get Legal Advice
How to Calculate Vacation Pay in Ontario
To calculate exactly how much vacation pay you are owed, you need to know the minimum standards set by the ESA. Your legal entitlement increases based on your length of continuous employment with the company.
The Ontario Vacation Pay Calculator
| Length of Continuous Employment | Minimum Vacation Time | Minimum Vacation Pay Percentage |
|---|---|---|
| Less than 5 Years | 2 Weeks | 4% of gross wages |
| 5 Years or More | 3 Weeks | 6% of gross wages |
Vacation Pay in Ontario After 10 Years
A common question we hear from long-term employees is: “Does my vacation pay increase again after 10 or 15 years?“
Under the bare minimums of the Ontario ESA, the answer is no. The highest statutory tier caps out at 6% (3 weeks) after 5 years of service.
However, under common law, courts expect employers to reward long-tenured employees with increased vacation time. It is highly standard practice in Ontario for corporate employment contracts to bump employees up to 4 weeks (8%) or 5 weeks (10%) after 10 to 15 years of service.
When Does Your Employer Have to Pay You?
Employers in Ontario generally have three legal ways to distribute your vacation pay:
- The Lump Sum (Standard): The employer pays your accrued vacation pay in a lump sum in the pay period immediately before you take your vacation time.
- On Every Paycheque: Your employer can add your vacation pay as a 4% or 6% line item on every single paycheque you receive throughout the year. (Note: If they do this, you are still legally entitled to take your unpaid vacation time off).
- Direct Deposit Continuation: If your wages are paid by direct deposit, your employer can simply continue to pay your regular salary on your normal paydays while you are away on vacation.
Are Bonuses and Commissions Included?
Yes. When you calculate your 4% or 6% vacation pay, it is based on your “gross wages.”
Many employers make the illegal mistake of only calculating vacation pay on your base salary. In Ontario, your gross wages legally include your base salary, commissions, overtime pay, and non-discretionary performance bonuses.
Do I Get My Vacation Pay if I Quit or Am Fired?
Yes. Vacation pay is considered earned wages. If your employment ends for any reason — whether you resign, are laid off, or are fired with or without cause — your employer is legally required to pay out all of your accrued, unused vacation pay.
Under the ESA, this final payout must be made within 7 days of your employment ending, or on what would have been your next regular payday, whichever is later.
The Severance Pay Trap
Employers will often rush to pay out your unused vacation pay on your final paycheque to make it look like they have fulfilled all their legal obligations. Do not fall for this.
Paying out your vacation pay is just the bare statutory minimum. If you are fired or permanently laid off in Ontario, you are almost certainly entitled to a full common law severance package. Depending on your age, your role, and your years of service, your Ontario severance pay could equal up to 24 months of your regular compensation.
Talk to an Ontario Employment Lawyer
If your employer is miscalculating your vacation pay, withholding your earned wages, or if you have recently lost your job and need your severance offer reviewed, we can help.
The employment lawyers at Samfiru Tumarkin LLP have helped tens of thousands of non-unionized employees across Ontario. We know how to cut through HR jargon, protect your statutory rights, and negotiate the absolute maximum financial package you are legally owed.