What is vacation pay versus regular pay?

Vacation pay is remuneration for time off! The Ministry of Labour, through the Employment Standards Act, allows for 2 weeks of paid vacation per year worked. This is the legal minimum — and many employers offer their employees more than the standard 2 weeks, often to reward long service with the company.

The 2-week amount is often expressed as 4% of your regular pay. (Out of 52 weeks in the year, you work 50 and go on holiday for 2; the 2 weeks is 4% of the 50.) If you’ve worked less than a full year, the amount of paid vacation you receive is pro-rated accordingly. So, summer students, for instance, would receive vacation pay amounting to 4% of their summer earnings.

Visit this Q & A for methods on calculating vacation pay. Vacation pay is treated in the same manner as regular pay in terms of tax, EI, and CPP deductions.

Visit the Ministry of Labour website for more information on vacation pay in Ontario, or find a comparable government resource for your location.

How do I calculate vacation pay for my staff?

Updated January 2018

There are 2 methods to calculate vacation pay: you can include vacation pay in each paycheque, or your can pay it out in a lump sum when employees take their holiday (or when their contract ends). For our examples, let’s assume an employee receiving the Employment Standards Act minimum of 2 paid weeks per year worked, or 4% of earnings. (Update as of January 2018: Under the ESA employees who have seniority of 5 years or more are entitled to 3 paid weeks per year worked or 6% of earnings).

Method 1 – Pay with each cheque:

Vacation pay can be rolled into regular pay, so the employee receives it as they earn it. This means that the employee has to do their own saving-up for time off. This method is often used for part-timers, temporary and hourly-paid staff.

Example: An employee earns $1,000.00 per pay cheque. The employee has vacation paid on each cheque, therefore they receive $1,000.00 in pay + 4% ($40.00) for a total of $1,040.00 of gross pay each pay period. If they have seniority of 5 years or more, they would receive $1,000,00 in pay + 6% ($60.00) for a total of $1,060.00 of gross pay each pay period).

Method 2A – Pay with holiday – Salary:

Salaried employees get “paid vacation”, which means they receive their normal salary without interruption even when on vacation. There is no change in the rate or frequency of their pay; they just get paid time off. In the payroll records, 4% vacation pay is accrued each week. (For employees with 5 years or more of seniority, it would be 6%). That is, the employer sets aside the vacation pay amount as money owing to the employee for their holiday. Since the process is seamless for both the employer and the employee, the accrual process may be omitted: if the employee gets their regular pay, the requirements have been fulfilled!

Method 2B – Pay with holiday – Non-Salary:

Part-time, casual and hourly-paid staff often have an irregular stream of earnings. From the employer’s viewpoint, the accounting is the same: you accrue 4% of each week’s earnings, setting it aside as an amount owed to the employee. (Again, this would be 6% for employees with 5 years or more in seniority). However, when the employee takes time off, their vacation payout will not correspond to a normal paycheque — so from their point of view vacation pay is a lump sum.

Example: The employee is about to take her/his annual vacation, and no vacation pay has yet been paid. Therefore, the employer bases vacation pay on the employee’s total gross pay since the last time they took vacation. In this case, the employee has earned $13,978.65 in gross earnings since his or her last vacation. 4% of those gross earnings warrants vacation pay of $559.15.

Visit the Ontario Ministry of Labour website (or a comparable website for your area) for more information on vacation pay.

Heather Young named one of the four faces of innovation in Canada by Metro News.

Staff Post
By Anna Mathew

Young Associates founder and principal associate has been named one of the four faces of innovation in Canada by Metro News. The article profiles four innovative Canadians, praising Heather for her pioneering work in developing sound financial management best practices in the Canadian arts sector.

At first, Heather Young didn’t know much more about arts administration than the students she taught at Humber College in Toronto 20 years ago.

But what she quickly learned in trying to teach sound fundamentals of arts management was that hard information on the topic was difficult to muster — let alone make available to budding artists and art groups. As good innovators often do, she saw a need and filled it.

Young crafted her own materials, including Finance for the Arts in Canada, a textbook and reference guide to aid in running an arts organization. Her company, Young Associates — with a staff of 12 — now serves as a financial management resource for 90 Toronto companies. She’s soaked in years of knowledge working with arts groups in the city — something she believes is essential for innovation.

“Get to know your subject area as intimately as you possibly can,” she said. “You need to know the upsides and downsides of what you’re working on … and in particular the gaps in the available supports.”

Congratulations Heather!

Click here to read the full article.

New CRA Guidance on Arts Activities and Charitable Registration

Staff Post
By Jerry Smith

recent post by Andrew Valentine with the Miller Thomson Law Firm shone some light on a new piece of guidance from the Canada Revenue Agency. If you are currently considering an application for – or already possess – charitable status, the CRA has recently delivered the final version of the Guidance for Arts Activities and Charitable Registration (Reference CG – 018, December 14, 2012).

Building on feedback from the sector, including organizations such as CAPACOA seeking a broader definition of who could qualify, this finalized version attempts to clarify what CRA finds as acceptable examples of appropriate purposes to merit charitable status.

First, there are three broad categories of arts-related activities that could qualify as charitable purposes under one or more of the four heads of charity, including:

  • Advancement of education;
  • Exhibitions, performances and presentations of artistic works;
  • Activities that enhance an art form or style within the arts for the benefit of the public.

In particular, CRA has clarified and expanded details in its arts forms and styles appendix, thus opening the door for more presenter members of CAPACOA to garner or maintain standing as a charity.

If you are interested in exploring these ideas in more detail, these links will be of value:

L3C and the Arts

Staff Post
By Katie Chasowy

Back in November, I attended a symposium called L3C and the Arts at Columbia University in New York City. The event was designed to be discussion around how a new form of incorporation (the L3C) in the US can be used for arts organizations. I Live tweeted the event and the Storify of the tweets from the day can be found below.

Low-Profit Limited Liability Company (L3C) is a form of incorporation that is a hybrid between a for-profit business and a not-for-profit business. It was formed by augmenting the existing Limited Liability Company (LLC. We don’t have the equivalent in Canada; essentially it’s a hybrid of a sole proprietorship and a corporation). The L3C differs from the LLC in that the articles of organization (similar to articles of incorporation in a Canadian Not-For-Profit) must state one of the IRS’s charitable purposes. Because of this, an L3C can receive the money that charitable foundations must give each year (called Program Related Investments, or PRIs).

Basically, an L3C allows a company to accept investment and payout investors while still being able to receive funding from foundations. Champions of L3Cs say that it’s a great way to diversify revenue sources and raise capital to start an organization while critics of L3Cs say the form of organization isn’t so attractive because there isn’t the ability to issue tax receipts for donations.

The L3C and the Arts symposium brought together the co-founder of an L3C organization, a lawyer involved in the drafting of the L3C legislation for several states, the executive director of a theatre arts services organization , the executive director of a theatre organization with an L3C subsidiary organization, and the head of Columbia’s theatre program. After being briefed on the technical aspects of the L3C, the discussion then turned to how the L3C can work in the arts world.

Here’s some main points that brought up for how the L3C can work in the arts:

  • The L3C is an interesting new tool to consider when forming new organizations, but will not work for all circumstances.
  • An existing NFP should not change it’s form of organization to an L3C. It should be considered for organizing a new company or a new subsidiary business.
  • The main drawback for arts companies is the inability to issue tax receipts for donations.
  • It may be a good form for independent artist and smaller collectives, such as those who use crowd funding sites like indigogo to raise money.
  • Art forms that have a higher capital potential (like film) may be more suited for the L3C than art forms with a lower capital potential (like visual arts organizations). Performing arts falls between film and visual arts.

I tried to keep a Canadian perspective in mind when listening to the discussion. The L3C form would not work exactly in Canada mainly because Canadian not-for-profits do not rely as heavily on foundation revenue as in the US. But, the discussion on how hybrid forms of organization can work in the arts was quite interesting and applicable for Canadian not-for-profits, especially with the introduction of the hybrid Community Contribution Companies in British Columbia.

Resources:
L3C and the Arts website
L3C and the Arts symposium archived video
L3C Wikipedia Page
Community Interest Company (UK hybrid)

Here’s the Storify of the event: