I would like to consult you on a subject related to my current employment situation which is as follows: - I am a

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Customer: I would like to consult you on a subject related to my current employment situation which is as follows:- I am a full-time employee of a Canadian company ("the Company") since July 08, 1987,- On September 16, 2020 I will be 71 years old,- During my almost 33 years of professional career at the Company most of the time I spent working on geophysical projects abroad and accumulated quite a bit of vacations,- As of March 30, 2020 I had 50 days of accrued vacation: 44 days of accrued in prior years and 6 days earned this year,- Since March 23, 2020 I am on vacations,- I was planning to retire sometimes this year, likely after using all of my accrued vacation,- On Friday, April 03, 2020 the company informed all employees about decision to cut the salaries by 25%, due to current business situation, and proposed the following options:
1. Agree on the 25% cut and continue to work, or
2. Agree on a temporary layoff with the employee retaining all benefits and the right to apply for EI (it is estimated that the temporary layoff may last for a year),
The Company requires that employees decide on one of the above options by the end of today, Monday, April 6th.- On or about March 16, 2020 the Company applied for work sharing program,- The Company continue functioning as it is considered as an essential business,- I believe that the Company will be eligible for the government 75% employee wage subsidy program.I started considering to retire as effective immediately.
I assume that all my vacation accrued in previous years should be paid in full at my current wage rate either as a lump sum or at the regular, bi-weekly intervals; can you confirm if my assumption is correct?What would be your advice on my best option? Good morning, I would like to consult you on a subject related to my current employment situation which is as follows:- I am a full-time employee of a Canadian company ("the Company") since July 08, 1987,- On September 16, 2020 I will be 71 years old,- During my almost 33 years of professional career at the Company most of the time I spent working on geophysical projects abroad and accumulated quite a bit of vacations,- As of March 30, 2020 I had 50 days of accrued vacation: 44 days of accrued in prior years and 6 days earned this year,- Since March 23, 2020 I am on vacations,- I was planning to retire sometimes this year, likely after using all of my accrued vacation,- On Friday, April 03, 2020 the company informed all employees about decision to cut the salaries by 25%, due to current business situation, and proposed the following options:
1. Agree on the 25% cut and continue to work, or
2. Agree on a temporary layoff with the employee retaining all benefits and the right to apply for EI (it is estimated that the temporary layoff may last for a year),
The Company requires that employees decide on one of the above options by the end of today, Monday, April 6th.- On or about March 16, 2020 the Company applied for work sharing program,- The Company continue functioning as it is considered as an essential business,- I believe that the Company will be eligible for the government 75% employee wage subsidy program.I started considering to retire as effective immediately.
I assume that all my vacation accrued in previous years should be paid in full at my current wage rate either as a lump sum or at the regular, bi-weekly intervals; can you confirm if my assumption is correct?What would be your advice on my best option?
JA: How long have you worked there? How much vacation time is accrued?
Customer: 33.5 years, as of today I have 45 days of vacation time accrued
JA: Where are you located? Paid vacation laws vary by state.
Customer: Oh... I am in Ottawa, Ontario
JA: Anything else you want the Lawyer to know before I connect you?
Customer: At the moment that is all thanks
Answered by Debra in 24 mins 2 years ago
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Debra
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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Customer
Thank you.
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Debra, Expert

I'm sorry to hear of all of these concerns.

Did you ask the employer if they will pay you your full vacation pay?

Customer
I did, but no answer yet.
I understand that according to the Ontario Employment Standard Act my accrued vacation should be paid at the current wage rate not at the rate after the 25% cut
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Debra, Expert

There is no doubt that you are entitled to all your unearned vacation pay.

My concern is that at this unprecedented time your employer may just not have the money and may try to get out of it.

You will eventually be able to get that money and perhaps you should not be retiring now but should be asking for all unused vacation pay and after that applying for EI which you are entitled to. You have paid into the system and if you are not able to work now because you've been dismissed because of the pandemic why not get EI and retire later?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Thanks. I decided to retire anyway and I was just looking for confirmation if my unused vacation will be paid at the current (before the cut) wage rate. The company does have money to pay its employees but is looking for savings That is why is offering the two options: 1) 25% salary cut, 2) temporary layoff.
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Debra, Expert

So tell them you just want your unused vacation pay in full and you will walk away.

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