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In summary, yes, your Ontario employee does earn vacation time while away on maternity leave. However, you will have to look at the wording of her employment contract/offer letter to determine whether she also earns vacation pay.
Ironically, one of the changes may have the unintended effect of saving employees from having to burn their vacations. Section 2612 of the FMLA allows employers to substitute âany of the accrued paid vacation leave, personal leave, or family leave of the employeeâ for any part of the 12-week FMLA period.