Is my employer legally obligated to compensate for unused vacaction when I quit (in British Columbia)?

August 11, 2008 1:37 PM

Leaving a job in British Columbia soon with two weeks unused vacation. Is my employer legally obligated to compensate me for this time?

I get two weeks paid vacation per year and thus far, I have used none of it. I know some places in the US require employers to pay out unused vacation, but I'm wondering if BC has similar legislation.

I can't seem to put the right combination of terms into Google. I'm finding plenty of stuff for specific unions or organizations, but nothing in general. I work for a small company and don't belong to a union or anything like that. I've been working here since about this time last year. I'm leaving of my own free will, definitely not being fired or anything like that. Thanks!

posted by anonymous to work & money (8 comments total)

yes.
posted by randomstriker at 1:56 PM on August 11, 2008

and here's a more readable version of the same.
posted by randomstriker at 1:58 PM on August 11, 2008

Note that if you give notice they may require you to use some of your vacation during the notice period.
posted by Mitheral at 2:05 PM on August 11, 2008

Just remember that if your "two-weeks" vacation is effective Jan 1, 2008 and you are leaving in August 2008, you may not be entitiled to 2 weeks of pay. It may be pro-rated to reflect that you are only employed for 2/3 of the year.
posted by saradarlin at 2:46 PM on August 11, 2008

Anecdotally, having left jobs in BC before, your accrued vacation pay must be paid out when you leave. The employer does not get to keep it, unless special circumstances exist (such as your 4% vacation pay being paid out weekly in lieu of vacation time).
posted by TravellingDen at 4:10 PM on August 11, 2008

Note that if you give notice they may require you to use some of your vacation during the notice period.

Not legally, unless you're stupid enough to sign your rights away:

Sounds like in BC if they make you take your vacation for severance, your termination is improper:

A notice given to an employee under this Part has no effect if:

(a) the notice period coincides with a period during which the employee is on annual vacation, leave, temporary layoff, strike or lockout or is unavailable for work due to a strike or lockout or medical reasons

Stronger than Ontario law on the matter, if you ask me, since in Ontario while it is illegal to force vacation during termination, it wouldn't invalidate the termination.
posted by shepd at 10:09 PM on August 11, 2008

That's if the employer is giving you notice and doesn't apply in the other direction.
posted by Mitheral at 5:20 AM on August 12, 2008

Interesting point, Mitheral, and I'd have to agree with you. I wonder if you could answer a vaction request with a "No, I don't want my vacation now, fire me if you're going to do that." They would then terminate your employment for insubordination and be required to let you work your severance period and pay vacation as you've been fired.

This would, of course, not look good on a reference, but would you honestly be getting a good reference anyway from a company that does something underhanded like that?
posted by shepd at 2:51 PM on August 12, 2008