By this time, all members should have received an email stating whether you are owed vacation monies or not.
Since the release of the Vacation Pay memo, many of you have expressed your concerns with how the calculations are made. We understand that it can be complicated and difficult to understand. Hopefully this will help to clarify for you, so each member can calculate their own vacation entitlement and amount due, or lack thereof.
To calculate your 2013 entitlement amount, you must first check your 2013 T4. You multiply your Gross Earnings amount by either 4 or 6 percent, based on years of service. 4% for up to 6 years with the Company in 2013, or 6% if you, in 2013 were over 6 years. The layoff percentages stated in the layoff section (article 8.5.1) should not be used for this calculation, as the calculation used is based on the Canadian Labour Code (CLC).
Once you have this number, it is your vacation entitlement amount. You must compare this against what you actually received. To do this, multiply the number of vacation days taken in 2014 by 4 hours per day at your rate of pay in November 2014. When you have this amount, you subtract it from the entitlement you already calculated. If the number is positive, you have money owed to you for that year.
For the years 2010, 2011, 2012, you would use the same number calculated for 2012.
For 2013 and 2014, you would use the calculation for each year accordingly. You then would add the amounts for any of these numbers that is owing (positive amounts). The amount owed for 2015 will be reconciled outside of this MOU, as the vacation has not yet been completed.
If the amount for any year is in the negative, you have been correctly paid for that year, and you would omit this year from the calculation for vacation pay owed. You should only be adding up the positive numbers.
If you have completed these calculations using your T4’s and the above calculations and find a discrepancy, please bring it to the attention of the Executive. We will verify and take it to the Company.
Since this is an adjustment to vacation pay, and not earned wages, the CLC does not support the requirement for the Company to provide each member with a breakdown. While we definitely have asked for it repeatedly, the company has chosen not to provide it.
For those members who are on LTD, you will be paid out in the date specified in the MOU.
For those of you currently on layoff or Maternity, you will not be paid out on that date. You will be paid out once you return to active status. This is so not to negatively affect your current benefits (Employment Insurance).
If your situation is different from any of the above that has been discussed, please contact a member of the Executive with the specifics of your situation. We then can take it to management on a case by case basis.
As always, your Executive is here to answer any questions or address any concerns you may have.
Your Local 4055 Executive