# Accrued vacation pay reset without payment?



## Rurouni (Oct 31, 2012)

Hi everyone, I have worked multiple jobs for over 10 years, and have only now found out what vacation pay is. It pains me to think of all the companies ive worked for that have not paid me vacation pay due to my lack of knowledge of it, and I could really use some advice on whether or not I have a claim.

Over the past year I have worked for two different companies, and after looking through old paychecks I found a date where vacation accrual resets on the next pay stub (both companies). However, these monies were not deposited in my account. I have never asked to be paid vacation time, and any time off I have taken has been without pay. No discussions about vacation pay with my employers ever took place.

The first company reset my vacation pay at the end of 2011, so after reading up on vac. pay im inclined to think normally they pay out unused vac. pay annualy, and that is why it resets. It had accrued to $400 by then and I was never paid a cent. Im still waiting on my ROE from them to see if I was paid out the 2012 accrued portion when I left that job.

The second company reset my vacation pay after Canada Day 2012. The company I worked for falls into special conditions since its continuous operations, and I have to work stat holidays. I remember something about vacation pay being paid out that weekend being brought up, but a co-worker said it didnt apply to me since I was on contract I dont get vacation time until im hired on. I now know that I am entitled to Vac. pay even if I do not get Vac. time. The accrued amount of $317 was reset, and I never received a pay stub for that amount. They did pay out my vacation pay that had accrued after that when they let me go.

As far as I can tell both companies just made those monies vanish instead of paying me, and I was hoping someone here could back me up on whether or not im correct in this realization?


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## Eclectic12 (Oct 20, 2010)

Odd ... my experience with vacation pay in Ontario was as a student. It was a line item on my pay cheque and paid as part of each pay.
As I was employed for July and August - I also wasn't a full time employee but also was not a contractor or consultant.

I also wonder about the mention of one company pay cheque having "vacation accrual". 

When I was a student - I was paid vacation pay because I could not accrue vacation (i.e. either one was given vacation days that could be scheduled/taken off such as the year round employees or one was paid vacation pay instead of vacation).


Maybe someone with more recent experince can shed some light.


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## Homerhomer (Oct 18, 2010)

Have you read this:
https://www.labour.gov.on.ca/english/es/pubs/guide/vacation.php

Unless you are special circumstances, you earn vacation pay on every penny you earn, the minimum 4% unless employer decides to increase it.
You either take time off with pay, or get paid for it.

I would first suggest contacting employers in question to see if they paid you anything, or something was missed (possible), sounds like the amounts are not significant and I am sure they would rather clarify the error if there was one then deal with ministry of labour. It is possible that you got paid vacation pay under regular gross pay, and didn't know that part of if was for vacation.

If nothing can be resolved or clarified with employer than contact ministry of labour.


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## Homerhomer (Oct 18, 2010)

Eclectic12 said:


> I also wonder about the mention of one company pay cheque having "vacation accrual".
> 
> .


It is quite common, the company accrues what they will pay you in the future, actually they expense it right away, and when they pay the actual money for vacation pay they just clear the liability account. Vacation accrual does not affect your T4, only what is paid to you goes into gross pay.


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## Eclectic12 (Oct 20, 2010)

^^^^

Interesting ... I guess I was just lucky that both companies that paid me as a student paid cash with each cheque and did not mess around with this accrual stuff.


Cheers


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## SlowandSteady60 (Feb 19, 2012)

Homerhomer sent you a website to go to. I would suggest you read it and then contact the Ministry of Labour to get more advice. It's been a while since I owned my business but whenever you go to work for someone, you start earning 4% on everything you make. The company can choose to hold it for their employees in a separate account, or they can include it in your pay on a weekly or bi-weekly basis but it must be labeled as holiday or vacation pay. Some companies will give you a date that you you must take your holidays by and then they will force you to take your pay by that date. That way they clear their vacation pay account. You have to work for a company for a period of one year to accrue 4% which is usually roughly two weeks pay. If you leave the company at any time, they must pay out any money owing for regular pay, and then they have to pay you your accrued holiday pay on a separate line or cheque. They cannot keep your holiday pay. You may want to look into this and then contact these employers. Good luck to you.


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## Eclectic12 (Oct 20, 2010)

SlowandSteady60 said:


> Homerhomer sent you a website to go to. I would suggest you read it and then contact the Ministry of Labour...


The posting trail suggests you are directing this comment to me - if this is correct, my response if what for?

I was describing my experience with vacation pay for the OP's benefit. I have not qualifed for vacation pay for something over thirty years as I get vacation days instead.


I can see why the OP who is asking the question might be keenly interested, on the other hand.


Maybe my idle curiosity will sent me to the URL in the future.


Cheers


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## MoneyGal (Apr 24, 2009)

Eclectic12 said:


> The posting trail suggests you are directing this comment to me


Surprise; the quote function is actually useful in clarifying what post one is responding to!


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## Rurouni (Oct 31, 2012)

Thanks for all the responses, and yes ive seen that website that homer referred. I just got off the phone with payroll from the second company, and it turns out they payed out the portion I though had vanished, but forgot to add the current accrual. My paystubs listed it as Vacation prev, but forgot to pay my Vacation curr. Apparently the prev and curr is just coding for the payroll system, and doesnt mean that it was a previous balance. They were supposed to combine the prev and curr and pay that out, and now im happy to say that is in the process of being resolved.

The other place is a supermarket with very cheap owners, a family run place. Im in the process of getting my ROE sent to service canada, which is very late on their part. Hopefully this forces them to look at any final monies (Vac. Pay) they may still have owing (even though its 7 months later), and if the stars align just right they'll realize I still have all this accrued vacation pay and will pay that out instead of falsely supplying information to service canada on the ROE. Anyone want to bet on whether this mom and pop supermarket will tell me I still have vac. pay owed to me or if I'll need to bring it up myself?


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## Homerhomer (Oct 18, 2010)

I think Slowan was responding to OP, as was I in post number 3.

Royal Mail, could you please clarify it for us:encouragement:


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## Eclectic12 (Oct 20, 2010)

MoneyGal said:


> Surprise; the quote function is actually useful in clarifying what post one is responding to!


The quote works well, though the "^^^^" tag to indicate the post above isn't a sure bet as sometimes is over-ridden by an interloper post between the original and the response.

The multi-quote function works well this way too! 

Of course, some think quoting anything is a problem and others seem to insist on quoting everything.





Homerhomer said:


> I think Slowan was responding to OP, as was I in post number 3.
> 
> Royal Mail, could you please clarify it for us:encouragement:


Isn't it easier for SlowandSteady60 to confirm?

IAC, I just wanted to make sure I responded, if the post was for my attention. :biggrin:


Cheers


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## Homerhomer (Oct 18, 2010)

Eclectic12 said:


> Isn't it easier for SlowandSteady60 to confirm?


Well yes, but than I wouldn't be able to throw a friendly jab at our resident quote militia, and what fun would that be ;-)


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## SlowandSteady60 (Feb 19, 2012)

Okay so I'm a little "slow" getting back but to clarify, I was referring to the government website that Homer was referring to. The best advice although I find it a little "gray" sometimes, is the government website itself. There is good vacation pay advice on there and almost understandable for most people to read. Anyways, I hope this clarifies what I was referring to and I hope I did not offend anyone in the process. Not my way. Good luck, sounds like your headed in the right direction. As for the supermarket, again, good luck. Steady as she goes.


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## Rurouni (Oct 31, 2012)

Thanks for the support everyone. I finally got a copy of my RoE from the supermarket, and it was very sparse in detail. Part 17 was left completely blank. That is the part that refers to vacation pay and any other monies paid in or in anticipation of payment at a later date. Now that I know the full amount of vacation pay that I accrued I will call them and bring it up.

I dont see how they could excuse this as anything other than a payroll oversight, but at least im now prepared with the knowledge to defend my rights and earnings should any problems arise. This is the sort of thing I would like to see companies potentially fined for if they "forget" to pay, since it is really just taking advantage of an employee who doesnt know any better.

I hope to follow up with a final post when they pay me out... I really dont want to go throught the ministry of labour.


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