59. (1) A full-time employee is entitled to vacation credits at the rate of, (a) 1¼ days per month during the first eight years of continuous service; (b) 12/3 days per month, (i) after eight years of continuous service, (ii) after appointment to a position that is classified within the professional medical group, or (iii) after appointment to a position that is classified within the Senior Management Group; (c) 21/12 days per month, (i) after sixteen years of continuous service by an employee who is a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner, or (ii) after fifteen years of continuous service by an employee to whom subclause (i) does not apply; and (d) 2½ days per month, (i) from the beginning of the calendar year in which the officer completes 24 years of continuous service, for a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner, or (ii) after 26 years of continuous service by an employee to whom subclause (i) does not apply.  R.R.O. 1990, Reg. 977, s. 59 (1); O. Reg. 181/91, s. 2; O. Reg. 399/01, s. 3 (1, 2); O. Reg. 571/06, s. 1 (1). (2) A part-time employee is entitled to a pro-rated portion of the vacation credits shown in subsection (1) based on the ratio that the employee’s regularly scheduled hours of work bear to full employment.  R.R.O. 1990, Reg. 977, s. 59 (2). (3) Revoked:  O. Reg. 571/06, s. 1 (2). (4) Every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner may elect to receive one week’s salary in lieu of five days of accumulated vacation credits in each calendar year.  R.R.O. 1990, Reg. 977, s. 59 (4); O. Reg. 399/01, s. 3 (4). (5) The commissioned officer shall give written notice of the election to the Commissioner on or before the 1st day of November in the year for which the election is made.  R.R.O. 1990, Reg. 977, s. 59 (5). (6) Revoked:  O. Reg. 571/06, s. 1 (3). (6.1) In addition to its meaning in subsections 56 (1) and 59 (24), continuous service for a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner includes unbroken full-time service in a police force which is amalgamated with the Ontario Provincial Police Force and in a First Nations police service in Ontario and, (a) as of July 19, 2006, unbroken full-time service in the Canadian Forces Military Police and in the regular Royal Canadian Mounted Police Service; and (b) as of January 1, 2007, unbroken, full-time service in a municipal police force in Ontario.  O. Reg. 571/06, s. 1 (4). (7), (7.1) Revoked:  O. Reg. 571/06, s. 1 (5). (8) An employee is entitled to vacation credits under subsection (1) or (2), as the case may be, in respect of a month or part thereof in which the employee is at work or on leave of absence with pay.  R.R.O. 1990, Reg. 977, s. 59 (8); O. Reg. 571/06, s. 1 (6). (9) An employee is not entitled to vacation credits, (a) in respect of a whole month in which he or she is on leave of absence without pay; and (b) in respect of a whole month in which he or she receives benefits under the Long Term Income Protection Plan. (c)  Revoked:  O. Reg. 40/02, s. 11 (1). R.R.O. 1990, Reg. 977, s. 59 (9); O. Reg. 399/01, s. 3 (6); O. Reg. 40/02, s. 11 (1). (9.1) The following employees are not entitled to vacation credits if they receive benefits under an award made under the Workplace Safety and Insurance Act, 1997 in respect of a whole month after the first six months in which they receive such benefits, unless they are receiving payment for accumulated credits during that whole month: 1. Employees represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association. 2. Commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner.  O. Reg. 40/02, s. 11 (2). (10) An employee shall be credited with his or her vacation credits for each year on the 1st day of January in the year.  R.R.O. 1990, Reg. 977, s. 59 (10). (11) An employee may accumulate vacation credits, (a) to a maximum of three times his or her annual credits, in the case of an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association; or (b) to a maximum of twice his or her annual credits, in the case of any other employee.  O. Reg. 40/02, s. 11 (3). (11.1) Despite subsection (11), an employee’s vacation credits shall be reduced not later than December 31 in each year, (a) to a maximum of two year’s credits, in the case of an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association; or (b) to a maximum of one year’s credits, in the case of any other employee.  O. Reg. 40/02, s. 11 (3). (12) Where an employee is prevented from taking a vacation as a result of, (a) an injury for which an award is granted under the Workplace Safety and Insurance Act, 1997; (b) a total disability; or (c) an extraordinary requirement of the employer, and the employee’s vacation credits in respect of that vacation are forfeited under subsection (11.1), the employee’s deputy minister shall grant to the employee, at the request of the employee, a leave of absence with pay to replace the forfeited vacation days.  R.R.O. 1990, Reg. 977, s. 59 (12); O. Reg. 399/01, s. 3 (7); O. Reg. 40/02, s. 11 (4). (13) An employee commencing employment during a year shall be credited at that time with vacation credits calculated in accordance with subsection (1), in the case of a full-time employee, or with subsection (2) in the case of a part-time employee, for the balance of the calendar year.  O. Reg. 40/02, s. 11 (5). (13.1) Subject to subsection (13.2), an employee commencing employment during a year is not entitled to take vacation until he or she completes six months of continuous service in the public service.  O. Reg. 40/02, s. 11 (5). (13.2) An employee who has not completed six months of continuous service in the public service may take a maximum of 10 days of vacation with the approval of his or her deputy minister.  O. Reg. 40/02, s. 11 (5). (13.3) If an employee takes vacation under subsection (13.2), the employee’s accumulated vacation credits for the year and, if necessary, for the following year shall be reduced by the vacation taken.  O. Reg. 40/02, s. 11 (5). (14) An employee who has completed six months of continuous service in the public service may, with the approval of his or her deputy minister, take vacation to the extent of his or her vacation entitlement and his or her accumulated vacation credits shall be reduced by the vacation taken.  R.R.O. 1990, Reg. 977, s. 59 (14). (15) Where an employee has completed twenty-five years of continuous service in the public service, there shall be added to the employee’s accumulated vacation, on that occasion only, (a) for a full-time employee, five days vacation; and (b) for a part-time employee, that portion of five days vacation equal to the portion the employee’s regularly scheduled hours of work bear to full employment.  R.R.O. 1990, Reg. 977, s. 59 (15). (16) Subsection (15) does not apply to a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner.  R.R.O. 1990, Reg. 977, s. 59 (16). (17) An employee who completes twenty-five years of continuous service on or before the last day of the month in which the employee attains sixty-four years of age is entitled, after the end of that month, to, (a) five days of pre-retirement leave with pay, if the employee is a full-time employee; or (b) that portion of five days pre-retirement leave with pay equal to the portion that the employee’s regularly scheduled hours of work bear to full employment if the employee is a part-time employee.  R.R.O. 1990, Reg. 977, s. 59 (17). (18) If the employee leaves the public service before completing six months of continuous service, he or she is entitled to vacation pay at the rate of 4 per cent of the earnings of the employee during the period of his or her employment, from which is subtracted his or her earnings for the period of any vacation taken under subsection (13.2).  O. Reg. 40/02, s. 11 (6). (18.1) If the amount to be subtracted under subsection (18) from an employee’s earnings exceeds 4 per cent of the earnings of the employee during the period of his or her employment, the employee shall pay the difference to the Crown.  O. Reg. 40/02, s. 11 (6). (19) An employee who has completed six or more months of continuous service in the public service shall be paid, in an amount computed at the rate of the employee’s last regular salary, for any unused vacation standing to the credit of the employee at the date he or she ceases to be an employee.  R.R.O. 1990, Reg. 977, s. 59 (19). (20) An employee who has completed six or more months of continuous service in the public service is entitled, upon request by the employee, to be paid, in an amount computed at the rate of the employee’s last regular salary, for any unused vacation standing to the credit of the employee at the date on which he or she qualifies for payments under the Long Term Income Protection Plan under section 75.  R.R.O. 1990, Reg. 977, s. 59 (20). (20.1) No payment shall be made under subsection (19) or (20) for vacation credits that are forfeited under subsection (11.1).  O. Reg. 40/02, s. 11 (7). (21) Where an employee ceases to be an employee, there shall be deducted from the employee’s accumulated vacation credits an amount in respect of the whole months remaining in the year after the person ceases to be an employee computed at the rate set out in subsection (1) in the case of a full-time employee and at the rate set out in subsection (2) in the case of a part-time employee.  R.R.O. 1990, Reg. 977, s. 59 (21). (22) Vacation taken in excess of the vacation credits to which an employee is entitled on the date he or she ceases to be an employee shall be deducted from the amount paid to the employee under sections 79 to 88 and from any salary to which he or she may be entitled.  R.R.O. 1990, Reg. 977, s. 59 (22). (23) Subsections (1) to (22) do not apply in respect of an employee who is, or who has the rank and status of, a deputy minister.  R.R.O. 1990, Reg. 977, s. 59 (23). (24) In this section, “continuous service” means “continuous service” as defined in subsection 56 (1) and, (a) a leave of absence granted to an employee under section 60, (b) an employee’s absence by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, (c) an absence for which benefits are received by the employee under the Long Term Income Protection Plan, (d) a leave of absence without pay granted to an employee for a period that exceeds thirty days, or (e) an employee’s period of full-time service under the Legislative Assembly Act
that is immediately before the employee’s appointment as a public servant under the Public Service Act and without any intervening break in service.  R.R.O. 1990, Reg. 977, s. 59 (24); O. Reg. 399/01, s. 3 (8). (25) In clause (24) (e), “service under the Legislative Assembly Act” includes full-time service as an employee of the caucus of a political party or of a member of the Assembly where the employee’s salary is paid out of the money appropriated for use of the caucus or member under the Legislative Assembly Act.  R.R.O. 1990, Reg. 977, s. 59 (25).