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I started on August 19 2020 and vacations are added on May, so between August 19 2020 and May 1 2021, I had around 9 days of vacation, but then HR tells me between May 1 2021 and May 2022, I can only take 9 days. But in Canada, Quebec, it says we should have at least 1 day of vacation every month if we work less than a year, and then on my job posting it said 3 weeks of vacation. So can the employer say 3 weeks and then claim you can only have 9 days of vacation?

3 weeks meaning 15 days.

Something is confusing me, it makes literally 0 sense.

https://educaloi.qc.ca/en/capsules/annual-vacation/

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You are entitled to the greater of the statutory minimum vacation, and the amount of vacation specified in your employment contract.

The statutory minimum vacation earned for working 9 months (Aug to Apr) is 9 days of vacation. You actually worked 8 full months plus 1 partial month, but you would still get 9 days.

If your employment contract specified a higher amount, such as 3 weeks per year, it would likely be pro-rated as 9/12*15 = 11.25 days, and 15 days for future years. For the details, you'd have to refer to your employment contract.

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  • So for the time period May 2021 to May 2022 that OP asked about the can take a minimum of 12 days?
    – quarague
    Commented Jun 3, 2022 at 12:31
  • @quarague OP's employment contract might have extra conditions such as requiring a minimum number of years of service to qualify for the 3 weeks of vacation, rather than prorating the vacation. In that case, the vacation entitlement would be the statutory minimum of 9 days.
    – Victor
    Commented Jun 3, 2022 at 14:53

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