How Many Weeks Vacation In Quebec

Did you know that for an average Quebec employee, the minimum vacation package is two weeks? This is regulated by the Quebec Charter of Human Rights and Freedoms. Although there are no firm laws against working more than 48 hours per week and there are exceptions to this (for example, Sundays, statutory holidays, and vacation time being added to a shift), I thought you would be interested in knowing how many weeks of vacation in Quebec employees get.

If you are planning to go on vacation in Quebec, Canada, you know that your decision to winter in the province means that you’ll be able to take not weeks but months of vacation. One of the most popular places Quebec is Montreal. This city is located on the banks of St-Laurant and is known for its towering skyscrapers, a lot of bridges and great nightlife. You know you should be taking a vacation each year to help improve your health, but with the end of the year approaching, are you wondering how many weeks of vacation to take? Well here’s some information that will answer that question.

How Many Weeks Vacation In Quebec

Have you ever considered living and working in Quebec? Millions of Americans have and it’s not hard to see why. It has a reputation as a beautiful, friendly, cultured and welcoming place to live. If you’re thinking of getting a job here, or are just curious about the province, here are some of the most important facts you’ll need to know.

Quebec is a land of wonderful contrasts. Its complex history and culture can be seen in the lifestyles of its people and in its breathtaking architecture. It has inherited from France a strong character and has preserved it throughout the centuries. Montreal, Quebec’s largest city, has established itself as North America’s most unique and lively international metropolis. The province boasts ancient glaciers, glistening oceans, ice fields and waterfalls. The history of Quebec dates back to 1608 when Samuel de Champlain founded the City of Quebec near present-day Old Quebec, the capital’s oldest district.

While most employers are aware of the general rules surrounding an employee’s right to take vacation as determined by the Loi sur les normes du travail, here are some lesser known facts*:

Fact 1: You must respect the reference periods

In Quebec, vacation is accumulated during one reference year, to be taken during the following reference year. During the reference year, set as May 1 to April 30 by law, employees are only entitled to take vacation time, or use vacation dollars accrued during the previous reference year. Employers can choose to have a different reference period but it should be clearly communicated through a policy.

Fact 2: Vacation taken in advance can be owed back to employees

If an employer allows employees to use vacation time as it is accumulated, this time can be considered as anticipated vacation and may not count towards actual vacation time taken. An error that can be quite costly for employers who would be forced to let employees retake their previous vacation. While anticipated vacation can be given if the employee requests it, it should be clearly understood that the employee will no longer have this vacation during the following reference period, preferably by doing so in writing. Vacation cannot be paid in advance on a continuous basis.

Fact 3: Employees cannot “lose” their untaken vacation

Ultimately it is up to employers to determine an employee’s vacation dates. While most employers allow employees the courtesy of choosing their preferred vacation dates, the law provides that employers can choose the dates of the employee’s vacation with four weeks of notice.

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Fact 4: Employees are entitled to take their vacation consecutively

Employees can take their vacation time in consecutive weeks. Any internal policy stating that employees cannot take more than one or two weeks in a row is not valid under the law. Employees are also generally allowed to take their vacation in two separate periods.

Fact 5: Employees with 2 weeks of vacation actually have 3

Employees with two weeks of vacation can take a third week off at their own expense. The third week does not have to be consecutive to the other two weeks.

Fact 6: Employees on leave may still earn vacation

Employees continue to accumulate vacation during certain unpaid leaves, such as the 18 weeks of maternity leave, the 5 weeks of paternity leave, or up to 26 weeks of sick leave during a 12 month period. No vacation is accumulated during parental leave. The CNESST website provides a vacation calculator to help determine the amounts owed.

Fact 7: Vacation is not only accrued on base salary

Vacation pay is accumulated on all earnings during the reference year including overtime pay, commissions, bonuses and tips. Employees even accrue vacation on the statutory notice employers give on termination of employment!

Fact 8: The law has recently changed

As of January 1, 2019, employees with 3 years of service or more are entitled to 3 weeks of vacation (previously 5 years of service was required). Employers will have to adjust their vacation accruals for affected employees to account for 6% of their earnings during the full reference year, even if it extends to before the effective date of the change.

The above facts apply only to vacation provided for by law. Employers could have more flexibility with any vacation exceeding the minimum requirements, however we recommend ensuring your employment contracts and policies are clear to avoid misunderstandings.

Timing of annual vacation

Generally, you may take vacation at a time that:

• you have mutually agreed upon with your employer, or
• your employer sets

However, your vacation must begin no later than 10 months after you have completed each “year of employment”. When your employer chooses your vacation period, they must give you at least 2 weeks’ notice of when that vacation time will begin.

Annual vacation pay

Your employer may pay you vacation pay within 14 days before your vacation is set to begin. If this is not practical or it is the established practice in your workplace, your employer may also pay it during or immediately following your vacation.

Calculating annual vacation pay

Your vacation pay is calculated as a percentage of the gross wages that you earn during your “year of employment”. When your vacation is:

• 2 weeks; vacation pay is 4% of earnings
• 3 weeks; vacation pay is 6% of earnings, and
• 4 weeks; vacation pay is 8% of earnings

A vacation pay calculator is available to assist in determining vacation entitlements.

Defining wages

For the purpose of vacation, “wages” include every form of payment for work performed. However, it does not include tips and other gratuities. The vacation pay – IPG-012 explains this definition in more detail.

Waiving, postponing or splitting annual vacation

As an employee, you may:

• waive
• postpone, or
• split your vacation for a specified “year of employment”

You may do this as long as you have a written agreement with your employer to do so.

You and your employer may agree to split your vacation. In this case, your employer must pay you the prorated portion applicable to each time you take a portion of your vacation.