Employment Standards Act - Vacations

To Whom Does This Apply?

Any person who is in receipt of, or is entitled to, compensation for labour or services performed for another, but does NOT include:

• Independent contractor
• A person employed in agriculture (farm labour), ranching or market gardening
• Domestic workers who work less than 24 hours per week in a private family home and are paid by a member of that family
• Any person hired as a babysitter for children or as a companion for an aged, infirm or ill member of the family, paid by a member of that family.

Summary

TERMS AND CONDITIONS

Two Weeks Paid Vacation

Employees have the right to a vacation of two weeks with regular pay if they work 12 consecutive months for an employer and put in 95 per cent of their regular working time. Regular working time does not include:

• Vacation time
• Up to a maximum of 30 working days, time off due to illness or absence authorized by the employer
• Overtime hours.

Three Weeks Paid Vacation

Employees have the right to a paid vacation of three weeks if they have worked for the same employer for:

• At least 50 per cent of their regular hours in each of four (4) years in the preceding 10 years, and
• Have worked 95 per cent of their regular working time in their fifth year.

Vacation Allowance

• If employees have not worked 95 per cent of their regular working hours they do not have the right to time off for a vacation. However, if they still have a right to vacation pay at four (4) per cent of regular gross earnings from anniversary date to anniversary date. Employees who are let go or quit work before completing one year of service must receive four (4) per cent of regular gross earnings as vacation pay.
• If employees have not worked 95 per cent of their regular hours but have worked at least 50 per cent in each of five (5) years, the employees do not have the right to three weeks, but still have the right to vacation pay equal to six (6) per cent of the total regular earnings.
• For employees whose earnings fluctuate because of commissions, piece work rates, or variable regular hours, the amount of wages payable shall be calculated on their average weekly earnings for regular working hours during six months immediately preceding the beginning of the vacation.

Other

Vacation pay is payable not later than the working day prior to employees taking their vacation. Where employees have not qualified for a paid vacation by working sufficient time during the year, the vacation wages are payable on their anniversary date.
Every employer shall notify each employee who becomes entitled to a vacation with pay of the date on which the vacation begins, at least 15 days before the start date of the vacation.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
Manitoba Labour and Immigration
639 Park Avenue
P.O. Box 50
Beausejour, Manitoba  R0E 0C0
Telephone: (204) 268-6042
Fax: (204) 268-6045
Toll-free (information): 1-800-821-4307