(1) Where the employment of an employee who has become entitled to vacation leave pay is terminated, and the employee has not taken any or any part of such vacation, the employer shall pay to the employee, in addition to all other amounts due to the employee, vacation leave pay in respect of the period of vacation leave due to him or her at the time of such termination.
(2) Where the employment of an employee who has become entitled to vacation leave is terminated and the employee has taken a period of the vacation leave to which he or she is entitled, the employer shall pay to the employee, in addition to all other amounts due, the corresponding proportionate part of the vacation leave pay referred to in subsection (1).
(3) Where the vacation leave or any part of it has been taken in advance by an employee, and the sum paid by the employer to the employee in respect of such vacation leave or part of it exceeds the sum which the employer is required to pay to the employee under subsection (1), the employer shall not be liable to make any payment to the employee under that subsection, and shall be entitled to deduct the amount of such excess from any amounts payable to the employee upon the termination of his or her employment.