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Can an employee request to vacation pay paid seperate from regular pay?

Expert: Daniel Lublin

Lisa asked:

In Ontario, if an employee requests to have his vacation pay paid separately from his biweekly pay cheque (both paid on same day), is this okay?

Daniel Lublin answered:

Sure, an employer and employee can agree to anything as long as it doesn't violate the ESA (provincial legislation) or the common law. If the employer agrees to pay the cheques separately it's based on its generosity in doing so, but it's not required to do so.

About the author

Daniel Lublin is the managing partner of Whitten & Lublin LLP, an employment law firm. His practice focuses on representing employees and employers in dismissal related matters. Daniel can be reached at

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