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Deferred Salary Agreement Template for Canada

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Key Requirements PROMPT example:

Deferred Salary Agreement

"I need a Deferred Salary Agreement for a senior software engineer who wants to defer 20% of their salary over 4 years starting January 2025, followed by a 12-month sabbatical, with provisions for early withdrawal in case of emergencies."

Document background
A Deferred Salary Agreement is a formal contractual arrangement used when an employee wishes to take an extended leave of absence while maintaining employment status and receiving income during the leave period. This document is particularly relevant in Canadian jurisdictions where employers offer leave programs such as sabbaticals, educational leaves, or personal development leaves. The agreement specifies how a portion of the employee's salary will be withheld over a defined period (typically 2-5 years) and then paid out during the leave period (usually 6-12 months). It includes critical provisions to ensure compliance with Canadian tax laws, especially the Income Tax Act's requirements for salary deferral arrangements, and relevant provincial employment standards. The agreement is designed to protect both employer and employee interests while providing a structured approach to long-term leave financing.
Suggested Sections

1. Parties: Identification of the employer and employee entering into the agreement

2. Background: Context of the agreement, including the employee's current position and desire to participate in a deferred salary arrangement

3. Definitions: Key terms used throughout the agreement including 'Deferral Period', 'Leave Period', 'Deferred Amount', etc.

4. Term of Agreement: Duration of the entire arrangement, including both deferral and leave periods

5. Salary Deferral Arrangements: Specific details of how much salary will be deferred, frequency of deferrals, and calculation methods

6. Investment of Deferred Salary: How the deferred amounts will be held and managed during the deferral period

7. Leave Period: Terms and conditions of the leave period, including timing and duration

8. Payment During Leave: How and when the deferred salary will be paid during the leave period

9. Return to Work: Conditions and guarantees regarding the employee's return to work after the leave period

10. Taxation and Withholdings: Tax treatment of deferred amounts and payments, and required withholdings

11. Termination: Circumstances under which the agreement can be terminated and the consequences

12. General Provisions: Standard contractual provisions including governing law, amendments, and notices

Optional Sections

1. Benefits Continuation: Details about continuation of benefits during the leave period - include if benefits will be maintained

2. Early Withdrawal Provisions: Terms for accessing deferred salary before the leave period - include if early withdrawal will be permitted

3. Investment Options: Detailed investment choices for deferred amounts - include if employee has investment choice

4. Death or Disability: Special provisions for payment of deferred amounts in case of death or disability - include if not covered in termination

5. Assignment and Postponement: Rights to assign or postpone the leave period - include if these options will be available

Suggested Schedules

1. Schedule A - Calculation of Deferred Amount: Detailed calculations and examples of how the salary deferral will work

2. Schedule B - Payment Schedule: Timeline of deferrals and payments during both deferral and leave periods

3. Schedule C - Investment Terms: Terms and conditions related to the investment of deferred amounts

4. Appendix 1 - Notice of Leave Commencement: Form for employee to formally notify employer of intended leave start date

5. Appendix 2 - Tax Implications Summary: Summary of tax treatment and implications of the deferred salary arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Education

Government

Healthcare

Financial Services

Technology

Non-Profit

Professional Services

Manufacturing

Research and Development

Public Sector

Relevant Teams

Human Resources

Finance

Legal

Payroll

Employee Relations

Benefits Administration

Compensation

Executive Leadership

Relevant Roles

Human Resources Director

HR Manager

Compensation and Benefits Manager

Finance Director

Chief Financial Officer

Legal Counsel

Employee Relations Manager

Payroll Manager

Benefits Administrator

HR Business Partner

Talent Manager

Professor

Teacher

Research Scientist

Senior Manager

Department Head

Executive Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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