6.06. If an employee is absent because of sickness, accident or maternity leave during the reference year and this absence reduces his annual vacation pay, he is then entitled to an equivalent compensation based on the base rate that he would have earned if he had not been absent. The employee whose annual vacation is inferior to 2 weeks, is entitled to this compensation in proportion to the days of vacation he has accumulated.
To determine the indemnity for that holiday, the employer shall:
(1) calculate the average weekly wage earned by the employee during the period worked;
(2) count the number of weeks that he would have normally worked;
(3) multiply the average weekly wage earned by the number of weeks of paid annual vacation to which the employee is entitled;
(4) multiply the amount established in subparagraph 3 by the number of weeks counted in subparagraph 2 and divide that amount by 52.
Despite the foregoing, the indemnity for the annual vacation shall not exceed the indemnity to which the employee would have been entitled if he had not been absent.
O.C. 366-82, s. 1; O.C. 1636-88, s. 4; O.C. 769-92, s. 12; O.C. 1152-99, s. 7.