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Most provinces in Canada have strong regulations regarding payout for any accrued vacation time that their employees don't use if the company offers the policy. When the employee leaves or the employer ends their contract, the employer still has to pay for any unused vacation time.
Context of Payment: Termination pay is linked to the absence of adequate termination notice, whereas severance pay relates to recognizing long-term service and larger-scale job loss scenarios.
Vacation accrued refers to the amount of paid time off that an employee has earned, but hasn't yet used. This paid time off amount can be taken by employees in cash or taken as a vacation ? but this at the discretion of individual employers.
(Boothby v. Atlas Mechanical (1992) 6 Cal. App. 4th 1595) And, unless otherwise stipulated by a collective bargaining agreement, upon termination of employment all earned and unused vacation must be paid to the employee at his or her final rate of pay.
Generally, vacation pay being paid upon termination or upon being placed on leave (with a Record of Employment being produced) is for "No Time Taken," as per payroll legislation. Please ensure that the vacation pay is actually for "Time Taken" before proceeding.
The state does not require employers to pay employees for accrued time off. However, Maryland requires employers to pay employees for unused vacation time if the employer does not have a forfeiture policy that says otherwise (if the employer's established policy or employment contract is silent on this matter).