7.00 Paid Annual Vacation

7.01. The qualifying period extends from 1 May of the preceding year to 30 April of the current year.

R.R.Q., 1981, c. D-2, r. 40, s. 7.01.

7.02. The employee who, at the end of the qualifying period, has less than 320 hours worked in the enterprise, is entitled to a continuous vacation of 1 working day off for each month of continuous service and such total vacation is not to exceed 10 days. The vacation pay is equal to 4% of the employee’s gross wages during the qualifying period.

R.R.Q., 1981, c. D-2, r. 40, s. 7.02; O.C. 592-89, s. 6; O.C. 1808-92, s. 10; O.C. 99-96, s. 4; O.C. 988-2012, s. 16.

7.02.1. The employee who, at the end of the qualifying period, has 320 hours or more worked in the enterprise, is entitled to a continuous vacation of 1.5 working days off for each month of continuous service and such total vacation is not to exceed 15 days. The vacation pay is equal to 6% of the employee’s gross wages during the qualifying period.

O.C. 592-89, s. 7; O.C. 1808-92, s. 10; O.C. 99-96, s. 4; O.C. 988-2012, s. 17.

7.03. The employee who, at the end of the qualifying period, has 1 year of continuous service with his employer, is entitled to a 3-week annual vacation, 2 weeks of which are continuous. The vacation pay is equal to 6% of the employee’s gross wages during the qualifying period.

R.R.Q., 1981, c. D-2, r. 40, s. 7.03; O.C. 1808-92, s. 10; O.C. 99-96, s. 4.

7.03.1. The employee who, at the end of the qualifying period, has 3 year of continuous service with his employer, is entitled to an annual vacation of a minimum duration of 3 consecutive weeks. The vacation pay is equal to 6% of the employee’s gross wages during the qualifying period.

O.C. 158-2020, s. 15.

7.04. The employee who, at the end of the qualifying period, has 10 years of continuous service, is entitled to an annual vacation of 4 weeks. The vacation pay is 8% of the employee’s gross wages during the qualifying period.

R.R.Q., 1981, c. D-2, r. 40, s. 7.04; O.C. 382-84, s. 3; O.C. 1808-92, s. 11; O.C. 99-96, s. 4.

Coming into force: 1 May 2023

7.04.1. The employee who, at the end of the qualifying period, has 33 years of continuous service, is entitled to an annual vacation of 5 weeks. The vacation pay is equal to 10% of the employee’s gross wages during the qualifying period.

O.C. 158-2020, s. 16.

7.05. The employee is entitled to know the date of his annual vacation at least 4 weeks in advance.

R.R.Q., 1981, c. D-2, r. 40, s. 7.05.

7.06. An employee entitled to more than 2 weeks of annual leave may, after having made a request in writing to the employer, give up that part of his or her leave which exceeds 2 weeks. In such case, the employee must receive his or her entire annual leave indemnity before leaving on vacation.

R.R.Q., 1981, c. D-2, r. 40, s. 7.06; O.C. 1808-92, s. 12; O.C. 99-96, s. 5; O.C. 988-2012, s. 18.

7.07. Should an employee be absent owing to one of the reasons listed in the fi rst paragraph of section 79.1 of the Act respecting labour standards (chapter N-1.1) or on maternity or paternity leave during the qualifying period and should that absence result in the reduction of that employee’s annual leave indemnity, the employee is then entitled to an indemnity equal, as the case may be, to 2, 3, 4 or 5 times the weekly average of the wage earned during the period worked. The employee referred to in section 7.02 whose annual leave is less than 2 weeks is entitled to that amount in proportion to the days of leave credited to the employee’s accounts. Despite the fi rst paragraph, the annual leave indemnity may not exceed the indemnity to which the employee would have been entitled if the employee had not been absent or on leave owing to a reason set out in the fi rst paragraph.

R.R.Q., 1981, c. D-2, r. 40, s. 7.07; O.C. 1808-92, s. 13; O.C. 988-2012, s. 19; O.C. 158-2020, s. 17.

Note : with regard to the indemnity equal to 5 times the weekly average of the wages earned for employees entitled to a 5-week annual vacation , the provision will come into force on 1 May 2023

7.08. The annual leave indemnity is paid to an employee by bank transfer during the employer’s regular pay period. An employee who divides annual leave may, if the employee so wishes, receive by bank transfer, at the time of each elected period of leave, the indemnity to which the employee is entitled for the duration of each of those periods.

R.R.Q., 1981, c. D-2, r. 40, s. 7.08; O.C. 1808-92, s. 14; O.C. 988-2012, s. 20; O.C. 158-2020, s. 18.

7.09. The annual vacation is exigible in the 12 months following the qualifying year. Notwithstanding the fi rst paragraph, the employer may, at the request of the employee, allow the annual leave to be taken, in whole or in part, during the reference year. In addition, if at the end of the 12 months following the end of a reference year, the employee is absent owing to sickness or accident or is absent or on leave for family or parental matters, the employer may, at the request of the employee, defer the annual leave to the following year. If the annual leave is not so deferred, the employer must pay the indemnity for the annual leave to which the employee is entitled. Notwithstanding any contrary clause of a collective agreement or a contract, any period of salary insurance, sickness insurance or disability insurance interrupted by a leave taken in accordance with the fi rst paragraph is continued, where applicable, after the leave, as if it had never been interrupted.

R.R.Q., 1981, c. D-2, r. 40, s. 7.09; O.C. 736-2005, s. 11.

7.10. When an employee terminates his employment, he receives vacation pay for any days of vacation owing before the previous 1 May if they have not been taken and also any vacation pay owing to him for the period elapsed since this date.

R.R.Q., 1981, c. D-2, r. 40, s. 7.10; O.C. 592-89, s. 8.