7.07. Vacation pay:
(1) Amount of pay: at the end of each week, the employer credits each employee with a sum equal to the percentage to which the employee is entitled under section 7.03 as vacation pay.
(2) Employer’s obligation: the employer submits with his monthly report to the Building Materials Joint Committee, the amounts credited for each employee.
(3) Payment of vacation pay: vacation pay is paid to the employee in 1 payment before the beginning of the vacation.
(4) Cancellation of the work contract: when the employee’s work contract is cancelled before he has taken the total vacation days to which he was entitled, he receives, in addition to the monetary compensation determined in section 7.02 or 7.03 as the case may be, for the vacation he has not taken, an equivalent pay computed on the gross wages earned during the current qualifying year.
(5) Should an employee be absent owing to sickness or accident or to maternity or paternity leave during the reference year and should that absence result in the reduction of that employee’s annual leave indemnity, the employee is then entitled to an equal indemnity based on the effective wage rate he would normally have earned without that absence. An employee whose annual leave is less than two weeks is entitled to that amount in proportion to the days of leave credited to his account.
To detemine the indemnity applicable to that leave, the employer must:
(a) calculate the weekly average of the wages earned by the employee during the period worked;
(b) count the number of weeks during which the employee would normally have worked;
(c) multiply the amount of the wages earned per week by the number of weeks of paid annual leave to which the employee is entitled;
(d) multiply the amount obtained in subparagraph c by the number of weeks counted in subparagraph b, and divide the result obtained by 52.
An annual leave indemnity calculated in accordance with this section must not, however, exceed that to which the employee would have been entitled if he had not been absent.
R.R.Q., 1981, c. D-2, r. 35, s. 7.07; O.C. 660-82, s. 6; O.C. 1179-2007, s. 11.