17.1 Where, pursuant to an agreement made under section 12.4 of this Act, a worker takes any annual holiday wholly or partly in advance, his holiday pay in respect of the whole of the holiday shall be calculated in accordance with this section.

17.2 In respect of each period of his annual holiday that a worker takes in advance, his holiday pay shall be an amount equal to the same proportion of 6 percent of his gross earnings during the specified time as the period taken in advance is to 3 weeks.

17.3 Where a worker has not completed at least 3 weeks of employment from the beginning of the year in respect of which he will be entitled to an annual holiday, subsection (2) of this section shall not apply, but instead his holiday pay in respect of each period of his holiday that he takes in advance shall be an amount equal to 6 percent of the total ordinary pay earned by him during the specified time, less all amounts already paid to him under this subsection in respect of all other parts of that holiday taken during the specified time.

17.4 In subsections (2) and (3) of this section, the term "the specified time" means the time from the beginning of the year in respect of which the worker will become entitled to the annual holiday up to the date when he begins to take the period of the holiday referred to.

17.5 Where a worker who has taken his annual holiday wholly or partly in advance becomes entitled to that holiday under section 11 of this Act, his employer shall assess the total amount that would have been payable to the worker under section 16 of this Act in respect of that holiday if the worker had not taken any part of that holiday in advance, and shall pay to the worker the amount so assessed reduced by the amount of holiday pay paid in respect of so much of his annual holiday as has been taken in advance. That amount shall be paid, in the case of a worker who has taken the whole of his annual holiday in advance, at the end of his year of entitlement, and, in the case of any other worker, at the time specified in section 19 of this Act.

17.6 Notwithstanding any other provision in this section, the holiday pay of a worker (other than a worker to whom subsection (3) of this section applies) in respect of any period of his annual holiday shall in any event be at a rate not less than the rate of his ordinary pay at the date when he begins to take that period of his holiday.

Cf. 1944, No. 5, s. 3B; 1974, No. 149, s. 3