Add Comment Question: My wife & I operate a licensed childcare (no union) with 10 staff who have all been laid off due to the COVID-19 shutdown by the province. We are topping up their EI benefits (Sub Plan) to full salary and all of their medical & insurance benefits have remained in place while on leave. Are we able to have our employees regard some of this paid leave as paid vacation? Must an employee on paid leave agree to this arrangement with us their employer? Answer: Hello, and thank you for your question. You as an employer have some discretion as to when these employees take their vacation time, provided they take the vacation time within the statutory entitlement year. However, all of these employees must be paid their vacation pay at their full rate of pay. Furthermore you may not apply the vacation pay retroactively for the period they have already been on a temporary layoff. There are different ways to pay out vacation pay, and for more information please feel free to contact me directly at andrew.goldberg@stlawyers.ca Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.