Scenario 11 Flashcards
Debbie is a customer service agent making $42,000 a year at a small office supply company. The company has recently seen a surge in new orders and all employees are asked to work as much overtime as possible to keep up with the increased demand. Debbie and her co-workers see little chance of taking vacations this year. Debbie can only imagine the look on her supervisor’s face if she asks for vacation time now, and the idea of coming back to a pile of work on her desk makes her cringe. Debbie is considering giving up her annual vacation time, and goes to Cedar, the company’s HR generalist, for advice. Debbie believes she is helping the company by forgoing her vacation time, but she wants to make sure that neither she nor the company runs afoul of the law as a result. Prior to meeting with Debbie, Cedar reviews Debbie’s employee record. Debbie reaches her 5th anniversary with the company on May 31 of this year. The company has a standard vacation entitlement year and employees receive vacation pay on each pay cheque. What should Cedar advise Debbie about her request to forgo her vacation time? a) Debbie can give up her vacation time at her own discretion. b) Debbie must take her vacation time, or the Ministry of Labour would fine the employer. c) Debbie can give up her vacation time only with approval from the Ministry of Labour and the employer.
The answer is c. Debbie can give up her vacation time only with approval from the Ministry of Labour and the employer. Functional Area: A3 Rationale(s): A is incorrect. Debbie can give up her earned vacation time only if she receives both employer and MOL approvals. B is incorrect. There would not necessarily be a fine levied against her employer in this case. C is correct. Debbie can opt to forgo her vacation time, provided that the proper approvals are sought. Reference(s): Employment Standards Act, 2000, S.O. 2000, c. 41, s. 33, s. 35.2 and s. 76. Filsinger, 2015, pp. 193-194.
Debbie is a customer service agent making $42,000 a year at a small office supply company. The company has recently seen a surge in new orders and all employees are asked to work as much overtime as possible to keep up with the increased demand. Debbie and her co-workers see little chance of taking vacations this year. Debbie can only imagine the look on her supervisor’s face if she asks for vacation time now, and the idea of coming back to a pile of work on her desk makes her cringe. Debbie is considering giving up her annual vacation time, and goes to Cedar, the company’s HR generalist, for advice. Debbie believes she is helping the company by forgoing her vacation time, but she wants to make sure that neither she nor the company runs afoul of the law as a result. Prior to meeting with Debbie, Cedar reviews Debbie’s employee record. Debbie reaches her 5th anniversary with the company on May 31 of this year. The company has a standard vacation entitlement year and employees receive vacation pay on each pay cheque. Debbie is also considering deferring her vacation. She asks Cedar whether she could defer her vacation, and if so, for how long. What should Cedar inform Debbie? a) Debbie can defer her vacation until October next year, at which time she must take it. b) Debbie can defer her vacation until March next year, at which time she must take it. c) Debbie can defer one week of her vacation until March of next year, and the remaining vacation entitlement must be taken by October of next year.
The answer is b. Debbie can defer her vacation until March next year, at which time she must take it. Functional Area: A3 Rationale(s): A is incorrect. Employees have 10 months after the entitlement year to take their vacation. Since her company uses a standard vacation entitlement year, she can defer her vacation till March next year (June this year to March next year). B is correct. Vacation must be taken within 10 months after the entitlement year. Since the company uses a standard vacation entitlement year, Debbie has until March next year to take her vacation. C is incorrect. Considering the company has dictated a standard vacation entitlement year (a recurring 12-month period beginning on the date of hire), Debbie will have until March next year to take all her vacation. Reference(s): Unit 5: Understanding Employment Legislation, Module 3: General Obligations. Ontario Ministry of Labour: “Vacation” (href=”https://www.ontario.ca/document/your-guide-employment-standards-act-0/vacation#section) > Canadian Payroll Consulting: “When must employees take the vacation time they have earned? (https://alanrmcewen.com/2012/08/21/when-take-vacation-time-earned).
Debbie is a customer service agent making $42,000 a year at a small office supply company. The company has recently seen a surge in new orders and all employees are asked to work as much overtime as possible to keep up with the increased demand. Debbie and her co-workers see little chance of taking vacations this year. Debbie can only imagine the look on her supervisor’s face if she asks for vacation time now, and the idea of coming back to a pile of work on her desk makes her cringe. Debbie is considering giving up her annual vacation time, and goes to Cedar, the company’s HR generalist, for advice. Debbie believes she is helping the company by forgoing her vacation time, but she wants to make sure that neither she nor the company runs afoul of the law as a result. Prior to meeting with Debbie, Cedar reviews Debbie’s employee record. Debbie reaches her 5th anniversary with the company on May 31 of this year. The company has a standard vacation entitlement year and employees receive vacation pay on each pay cheque. If Debbie decides to take her vacation in June of this year, how many weeks would she be entitled to take off? a) Debbie is restricted to taking only two weeks’ vacation time before May 31 of this year, but will get an additional week after June 1 of this year. b) Debbie is entitled to three weeks of vacation time since she completes five years at the company on May 31 of this year. c) Debbie is entitled to two weeks of vacation since she has not completed five years at the company.
The answer is b. Debbie is entitled to three weeks of vacation time since she completes five years at the company on May 31 of this year. Functional Area: A3 Rationale(s): A is incorrect. Debbie is entitled to take three weeks’ vacation time in the vacation entitlement year beginning June 1 of last year to May 31 of this year. B is correct. Debbie’s vacation entitlement follows the standard vacation entitlement year, which is the 12-month period starting from her date of hire. She completes five year at the company as of May 31 of this year, which means she is entitled to three weeks’ vacation time for the vacation entitlement year starting June 1 of last year to May 31 of this year. C is incorrect. Since the company follows the standard vacation entitlement year, Debbie’s fifth year vacation entitlement year is from June 1 last year to May 31 this year and as such will be entitled to three weeks’ vacation time during this period. Reference(s): Unit 5: Understanding Employment Legislation, Module 3: General Obligations. Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 33-36. > Ontario: “Your guide to the Employment Standards Act: Vacation” (https://www.ontario.ca/document/your-guide-employment-standards-act-0/vacation).
Debbie is a customer service agent making $42,000 a year at a small office supply company. The company has recently seen a surge in new orders and all employees are asked to work as much overtime as possible to keep up with the increased demand. Debbie and her co-workers see little chance of taking vacations this year. Debbie can only imagine the look on her supervisor’s face if she asks for vacation time now, and the idea of coming back to a pile of work on her desk makes her cringe. Debbie is considering giving up her annual vacation time, and goes to Cedar, the company’s HR generalist, for advice. Debbie believes she is helping the company by forgoing her vacation time, but she wants to make sure that neither she nor the company runs afoul of the law as a result. Prior to meeting with Debbie, Cedar reviews Debbie’s employee record. Debbie reaches her 5th anniversary with the company on May 31 of this year. The company has a standard vacation entitlement year and employees receive vacation pay on each pay cheque. With five years at the company, Debbie earns $42,000 in gross wages and $38,000 after all deductions (net wages). What is Debbie’s total vacation pay for the vacation entitlement year? a) $1,680 b) $2,280 c) $2,520
The answer is c. $2,520 Functional Area: A3 Rationale(s): A is incorrect. Vacation pay is at minimum four percent or six percent of the gross wages earned for the 12-month vacation entitlement year. Since Debbie completes 5 years of employment at the company this year, she is entitled to six percent of her gross wages as vacation pay. The amount of $1,680 represents only four percent of Debbie’s gross wages as vacation pay. B is incorrect. Debbie’s vacation pay is six percent of her gross wages. The amount of $2,280 represents six percent of the Debbie’s net wages (i.e., $38,000) rather than six percent of her gross wages. C is correct. Debbie is entitled to six percent of her gross wages (i.e., $42,000 × 0.06 = $2,520) as vacation pay. Reference(s): Unit 5: Understanding Employment Legislation, Module 3: General Obligations. Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 33-36. > Ontario Ministry of Labour: “Your Guide to the Employment Standards Act” (https://www.ontario.ca/document/your-guide-employment-standards-act-0/vacation).
