Qualified Employees can Be Full-time

Most employees who qualify are entitled to take nowadays off work and be paid public vacation pay.

Alternatively, the worker can agree electronically or in writing to deal with the holiday and be paid:

– public holiday pay plus premium pay for all hours worked on the public vacation and not get another day of rest (called a “substitute” holiday);.
or.

– be paid their regular salaries for all hours worked on the public holiday and get another replacement vacation for which they need to be paid public holiday pay.

Some employees may be required to deal with a public holiday. (See “Special rules for particular industries” later on in this Chapter.) While most staff members are eligible for the general public vacation entitlement, some staff members operate in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if special guidelines apply, please refer to the Guide to work requirements unique rules and exemptions.

Use the Employment Standards Self-Service Tool to check compliance with public holidays and other work requirements entitlements.

See “Public holiday pay” later on in this chapter.

Regular wages does not include any overtime pay, vacation pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to an employee.

While some companies provide their staff members a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not needed to do so under the ESA.

Performing both covered and exempt work

Some staff members perform more than one kind of work for an employer. A few of this work might be covered by the public holiday part of the ESA, while another kind of work might be exempt from public vacation protection.

If a staff member carries out both kinds of work, exempt and covered, they are eligible for the general public holiday privilege with regard to a specific public vacation if a minimum of half of the work performed in the work week of the public vacation is work that is covered.

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is eligible for the general public holiday entitlement for Canada Day.

Getting approved for public vacation entitlements

Generally, staff members receive the public holiday privilege unless they:

– stop working without sensible cause to work all of their last routinely scheduled day of work before the general public holiday or all of their very first regularly arranged day of work after the public holiday (this is called the “Last and First Rule”);.
or.

– fail without affordable cause to work their entire shift on the general public vacation if they accepted or were required to work that day.

Note: Most employees who fail to get approved for the public vacation entitlement are still entitled to be paid exceptional spend for every hour they work on the holiday.

Qualified employees can be full time, part-time, permanent or on term contract. It does not matter how recently they were employed, or how many days they worked before the public vacation.

The “last and first rule”

The “last frequently scheduled day of work before the general public vacation” and the “very first routinely set up day of work after the public vacation” do not have to be the days right before and right after the vacation.

For example, a staff member may not be arranged to work the day right before or after the holiday. As long as the employee works all of their last frequently arranged shift before the holiday and all of the first one after it, or has sensible cause for not working either of those days, they satisfy this qualifying criterion.

Reasonable cause

An employee is normally thought about to have “affordable cause” for missing out on work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had affordable cause for remaining away from work. If they can do so, they still get approved for public holiday entitlements.

How the last and very first rule works

Rosie’s routine work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s workplace shuts down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the vacation, or has affordable cause for stopping working to work either of those days, she certifies to be spent for the holiday.

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for permission to remove the Thursday before the general public holiday since he has a personal appointment. His employer concurs. Lev’s last regularly scheduled work day before the vacation is now thought about to be on the Wednesday.

If Lev works his entire Wednesday shift before the vacation and his whole Tuesday shift after the holiday, or has sensible cause for not working either of those days, he gets approved for the paid public vacation.

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s office is closed for the holiday. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the general public holiday. The company agrees. Doris’s regularly scheduled shift on the Thursday before the public holiday is now thought about to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has sensible cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When an employee is on vacation

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently arranged shift before his getaway and very first frequently arranged shift after his holiday – on June 24 and July 10 – or has reasonable cause for failing to do so, he will get approved for the paid public vacation.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday occurs. If Lydia works her last frequently arranged day of work before her leave, and her first routinely arranged day of work after her leave, or has sensible cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

A public vacation falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not work on her last scheduled day before the vacation, and she does not have reasonable cause for missing that day. She receives no pay for the vacation.

Public holiday pay

The amount of public vacation pay to which a worker is entitled is all of the regular earnings earned by the employee in the 4 work weeks before the work week with the general public holiday plus all of the holiday pay payable to the staff member with regard to the four work weeks before the work week with the public vacation, divided by 20.

When to consist of holiday pay in the computation of public vacation pay

The quantity of vacation pay payable to consist of in the computation of public holiday pay depends upon whether the staff member is on trip at any time during the 4 work weeks prior to the public holiday, and the manner in which the employee is to be paid holiday pay. Please describe the Vacation chapter for information on the different ways vacation pay can be paid.

Vacation pay payable

If the employee is to be paid their getaway pay before they take a holiday or on or before the pay day for the duration in which the holiday falls, holiday pay will be consisted of in the computation of public vacation pay if the employee was on holiday throughout that 4 work week period. If the employee was not on getaway during that duration, no trip pay will be included in the calculation.

If the worker is to be paid getaway pay with every pay cheque the quantity of holiday pay to consist of in the computation of public holiday pay will be at least four per cent of all of the worker’s incomes made throughout the four work week period. (Note that if a staff member earns a greater portion of vacation pay, such as six percent of earnings, then the “trip pay payable” will be based upon that greater portion.)

If an employee is to receive their holiday pay in a lump sum on a specific date or dates, vacation pay will be consisted of in the estimation of public holiday pay just if that date or dates falls throughout the pertinent four work week duration.

Calculating the 4 work week period before the work week with a public vacation

The four weeks before the public holiday is based on the employer’s work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that an employer’s work week runs from Thursday to Wednesday. In this case, the 4 work weeks used to calculate public holiday pay are those 4 weeks counting backwards from the first Wednesday (the last day of the company’s work week) before the work week in which the general public vacation falls.

– Week 1: Thursday, November 22 – Wednesday, November 28

– Week 2: Thursday, November 29 – Wednesday, December 5

– Week 3: Thursday, December 6 – Wednesday, December 12

– Week 4: Thursday, December 13 – Wednesday, December 19

Public holiday: Tuesday, December 25

In this example, the routine incomes earned by the worker and the vacation pay payable to the employee with respect to the four work weeks from November 22 to December 19 are utilized in the computation of public vacation pay.

Calculating public holiday pay

Iryna works 5 days a week and makes $120 a day. She worked her last regularly set up work day before the general public vacation and her first frequently scheduled day after the holiday. She receives her trip pay when her vacation is taken. She was not on vacation throughout the 4 work weeks leading up to the public vacation.

1. Calculate Iryna’s overall routine wages earned:
$ 120 each day X 5 days = $600 weekly
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of regular wages in the four work weeks before the general public vacation.

2. Calculate the amount of vacation pay payable with regard to the 4 work week duration:.
Iryna gets her vacation pay when she takes her getaway. Because she was not on holiday throughout the 4 work week period, the amount of getaway pay payable with respect to the 4 work weeks before the general public holiday = $0.

3. Add together her overall salaries earned and getaway pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public vacation pay.

Example: When vacation time is involved

Brock works five days a week and earns $160 a day. He was on getaway for 2 of the four weeks before the public vacation. He gets getaway pay before he takes his getaway. He is paid $1,600 holiday spend for his 2 weeks of vacation. Brock worked his last regularly scheduled work day before the general public holiday and his first routinely arranged work day after the holiday.

1. Calculate Brock’s total regular salaries earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

2. Calculate the quantity of holiday pay:.
Brock was on getaway for two of the 4 work weeks prior to the work week with the public vacation, and is paid trip pay before he takes his getaway. The quantity of trip pay payable with regard to the 4 work weeks prior to the work week with the general public vacation = $1,600.

3. Combine his total earnings made and trip payable and employment divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public vacation pay.

Example: When a worker works part-time and employment each pay cheque consists of holiday pay

Tegan works 3 days a week and makes $120 a day. She worked her last regularly scheduled work day before the public holiday and her very first frequently arranged day after the holiday. She and her company have actually agreed in writing that she will receive four percent holiday pay on each paycheque.

1. Calculate Tegan’s routine earnings made:.
$ 120 per day X 3 days = $360 per week.
$ 360 per week X 4 weeks = $1,440.

2. Calculate her trip pay payable:.
$ 4.80 each day (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 per week X 4 weeks = $57.60.

3. Total her regular incomes made and holiday pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque consists of getaway pay

Bertie does not work a set variety of hours daily or days weekly. Her pay differs from week to week, according to the time she has actually worked. She and her company have actually agreed in composing that she will receive 4 percent getaway pay on each pay cheque.

1. Bertie’s regular wages earned during the four work weeks before the vacation are $1,500.

2. Calculate her trip pay payable:.
$ 1,500 X 4% = $60.

3. Add together her regular salaries earned and trip pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public vacation pay.

Example: When a worker is on a leave

Zoe typically works 5 days a week, making $120 a day. She receives getaway pay before she goes on getaway. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid earnings or holiday pay. She got maternity and parental advantages from the federal Employment Insurance program, but these advantages are ruled out “wages.”

Zoe is entitled to get public vacation pay for the general public holidays that fall during her leave as long as she works her last regularly scheduled day before her leave and her first routinely scheduled day after her leave, or employment has sensible cause for failing to do so.

Zoe went on leave on June 10 and just worked 7 days throughout the four work weeks before the Canada Day public vacation. Her public holiday spend for Canada Day is:

– Regular salaries earned: $120 a day X 7 days = $840.

– Vacation pay payable: $0 (she was not on getaway throughout the four work week period).

– Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.

Her public holiday spend for the remainder of the public holidays that fall throughout her leave will be $0. This is since she will not have actually earned any earnings or trip pay on any of the days during the four work weeks before each of those holidays.

Example: When an employee is on a layoff

Eugene normally works 5 days a week, earning $100 a day. He was placed on momentary layoff on November 15. During his layoff, Eugene was not paid wages or trip pay. He got work insurance benefits during this time, however these advantages are not considered “salaries.”

Eugene was remembered to work on December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last frequently set up day before the layoff and his first regularly set up day after the layoff, or has sensible cause for failing to do so.

However, because Eugene did not make any salaries or getaway pay in the 4 work weeks before those 2 public holidays, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a staff member’s regular rate of pay. If an employee is entitled to get superior spend for work on a public holiday, they need to be paid 1 1/2 times their routine rate of spend for each hour worked.

For example, Nathan’s routine rate of pay is $20 an hour. This implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

An alternative vacation is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public vacation spend for an alternative holiday.

A replacement holiday should be scheduled for a day that is no behind 3 months after the public holiday for which it was earned, or, if the employee has actually agreed electronically or in writing, the substitute day off can be scheduled up to 12 months after the general public vacation.

If a worker gets a replacement vacation, the employer must offer the worker with a composed declaration that sets out the public vacation that is being substituted, the date of the replacement vacation, and the date that the declaration was offered to the worker. This statement must be supplied to the worker before the public holiday.

Entitlements for public vacations

Entitlements for public holidays differ depending on such things as whether the vacation falls on a working day or a non-working day and whether the staff member deals with the vacation. The different entitlements are set out below.

When a public holiday falls on a working day however the employee does not work

Most workers have the right to get the public vacation off and get paid public holiday pay. (Some staff members might be needed to deal with a public holiday. See “Special guidelines for specific industries” later on in this chapter.)

When a public holiday falls on an employee’s non-working day or throughout an employee’s getaway

When a public vacation falls on a day that is not generally a working day for a staff member, or throughout the worker’s vacation, the worker is entitled to either:

– an alternative vacation off with public vacation pay;.
or.

– public vacation pay for the public holiday, if the worker concurs to this digitally or in writing (in this case, the worker will not be provided a substitute day of rest).

When a worker who gets approved for the day of rest has agreed electronically or in writing to deal with a public vacation

Most workers have the right to get the public holiday off and earn money public holiday pay. However, if a worker agrees electronically or in composing to work on the public vacation, there are 2 choices:

– the staff member is entitled to get regular wages for all hours dealt with the public vacation, plus an alternative day off work with public vacation pay;.
or.

– if the staff member concurs electronically or in writing, they are entitled to public vacation pay for the public vacation plus premium pay for all hours dealt with the general public vacation. In this case, the employee will not be given an alternative day of rest.

Example: Calculating public holiday pay plus premium pay

A public vacation falls on one of John-Duncan’s regular working days. He and his company have concurred electronically or in composing that he will deal with the general public vacation which, instead of getting an alternative holiday, he will be paid public vacation pay plus premium spend for all the hours he works on the holiday.

John-Duncan routinely works eight hours a day, 5 days a week. His routine per hour pay rate is $20. He has actually worked on all his scheduled work days in the four work weeks before the public vacation. He works eight hours on the general public vacation. He gets his vacation pay when his trip is taken. He was not on holiday during the 4 work weeks leading up to the public vacation

Step 1: determine public vacation pay:

1. Calculate John-Duncan’s overall regular wages earned in the four work weeks before the public holiday:
8 hours per day X $20 per hour = $160 daily
$ 160 each day X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the 4 work weeks before the public vacation.

2. Calculate the amount of getaway pay payable with respect to the four work week period:.
John-Duncan receives his vacation pay when he takes his trip. Because he was not on getaway throughout the four work week duration, the quantity of vacation pay payable with regard to the four work weeks before the public vacation = $0.

3. Combine his overall wages earned and getaway pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public holiday pay privilege is $160.

Step 2: compute superior pay

Finally, the premium pay owing to John-Duncan for his deal with the general public holiday is determined:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay entitlement is $240.

Result: John-Duncan is entitled to public vacation pay of $160 and premium pay of $240, for a total of $400.

When an employee concurs to deal with a public holiday but fails to do so

If a staff member has concurred digitally or in writing to deal with the general public holiday however does not do so – and does not have reasonable cause for not having done so – the worker has no right to public vacation pay or to a substitute day off with pay.

However, if the employee has sensible cause for not working the public holiday, then privileges will depend upon which of the two options listed below the worker picked in exchange for accepting work on the general public vacation:

– if the staff member had actually agreed digitally or in writing to work on the public vacation for regular salaries plus a substitute day of rest with public vacation pay, the employee is entitled to a substitute day of rest work with public holiday pay;.
or.

– if the employee had agreed electronically or in composing to deal with the general public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation spend for the vacation. The staff member is not entitled to receive any exceptional pay due to the fact that they did not perform any deal with the vacation.

When a staff member works only some of the hours they consented to work on a public holiday

If a worker has actually agreed electronically or in writing to work on the general public holiday however works only a few of the hours they agreed to work, and does not have reasonable cause for stopping working to work all of the hours, the employee is only entitled to receive superior spend for each hour dealt with the holiday. The staff member has no right to public holiday pay or an alternative day off work.

Example: A normal case

Trudi had actually concurred in composing that she would work eight hours on Canada Day however she only worked 4 hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled only to premium pay for the 4 hours she worked on the holiday. She is not entitled to public holiday pay or to a substitute day off work.

However, if the staff member has sensible cause for working just some of the hours they agreed to deal with the public holiday, then:

– the worker is entitled to their regular rate for all the hours worked plus an alternative day off deal with public holiday pay;.
or.

– if the staff member had agreed digitally or in writing to work on the general public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour dealt with the vacation.

Special rules for particular markets

Special rules apply to staff members who operate in the following types of organizations:

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– health centers and retirement home;.

– continuous operations (which are operations, or parts of operations, that do not stop or close more than when a week – such as an oil refinery, alarm-monitoring company or the video games part of a casino if the video games tables are open all the time).

A staff member who in any of these organizations can be needed to work on a public vacation without their arrangement, but only if the vacation falls on a day that the worker would usually work and the staff member is not on getaway.

If a worker is required to work, they are entitled to either:

– their routine rate for the hours worked on the general public vacation, plus an alternative day off deal with public holiday pay;.
or.

– public holiday pay plus premium pay for each hour worked.

The company picks which of these options will use.

Note that the company’s ability to require workers to work on a public vacation is subject to the staff member’s right to take a day of rest for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the staff member’s employment contract. Note likewise that specific retail workers who work in constant operations (for instance, a 24-hour benefit shop) deserve to refuse to work on a public vacation since of the special guidelines that apply to some retail employees. See the “Retail employees” chapter of this guide for more information.

A staff member in the previously noted companies who is needed to deal with a public vacation that falls on their common working day however stops working to do so, with sensible cause, is entitled to:

– a replacement vacation with public vacation pay;.
or.

– public holiday pay for the vacation.

The company picks which choice will apply.

A staff member in any of these companies who is needed to work on a public vacation that falls on their ordinary working day but who stops working, with sensible cause, to work a few of the hours they were required to work on the vacation is entitled to either:

– their routine rate for each hour dealt with the holiday plus a replacement vacation with public holiday pay;.
or.

– public holiday spend for the vacation plus premium pay for each hour worked.

The employer chooses which alternative will use.

An employee in any of these services who is required to deal with a public vacation that falls on their common working day however who fails, without sensible cause, to work part or all of the general public holiday is only entitled to get superior spend for each hour worked on the holiday (if any). The staff member has no right to public holiday pay or a substitute day of rest work.

Overtime estimations when an employee gets exceptional pay

Any hours worked on a public vacation that are compensated with exceptional pay are not consisted of when figuring out whether a staff member has actually worked any overtime hours.

If employment ends

Sometimes a staff member’s job pertains to an end before the worker can take an alternative vacation with public holiday pay that they have earned. In this case, the employer needs to pay the staff member’s public holiday pay at the very same time it pays the staff member’s last incomes. This is so no matter the reason the task concerned an end, whether it is since the employee stopped, was fired for great factor, or for some other reason.