Qualified Employees can Be Full Time

Most employees who certify are entitled to take these days off work and be paid public holiday pay.

Alternatively, the staff member can concur 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 holiday and not receive another day of rest (called a “substitute” vacation);.
or.

– be paid their regular wages for all hours worked on the general public vacation 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 vacation. (See “Special rules for certain industries” later on in this Chapter.) While the majority of workers are eligible for the public holiday privilege, some staff members work in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if special guidelines use, please refer to the Guide to work requirements unique rules and exemptions.

Use the Employment Standards Self-Service Tool to check compliance with public vacations and other employment standards entitlements.

See “Public vacation pay” later in this chapter.

Regular incomes does not consist of any overtime pay, vacation pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of assignment pay payable to a worker.

While some employers provide their employees a holiday on Easter Sunday, Easter Monday, the 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 workers perform more than one kind of work for a company. A few of this work might be covered by the public holiday part of the ESA, while another type of work might be exempt from public vacation coverage.

If a staff member carries out both kinds of work, exempt and covered, they are qualified for the general public vacation privilege with respect to a specific public holiday if at least half of the work performed in the work week of the general public holiday 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, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is eligible for the public vacation privilege for Canada Day.

Receiving public holiday privileges

Generally, employees receive the public holiday entitlement unless they:

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

– fail without reasonable cause to work their entire shift on the public vacation if they consented to or were needed to work that day.

Note: Most staff members who fail to qualify for the general public vacation privilege are still entitled to be paid exceptional pay for every hour they work on the vacation.

Qualified employees can be full-time, part-time, permanent or on term agreement. It does not matter how recently they were hired, or the number of days they worked before the general public vacation.

The “last and first rule”

The “last regularly scheduled day of work before the general public vacation” and the “first regularly scheduled day of work after the public vacation” do not have to be the days right previously and right after the vacation.

For example, a worker might not be arranged to work the day right before or after the vacation. As long as the worker works all of their last regularly set up shift before the vacation and all of the very first one after it, or has reasonable cause for not working either of those days, they satisfy this certifying requirement.

Reasonable cause

A worker is usually considered to have “reasonable cause” for missing out on work when something beyond their control avoids the employee from working. Employees are accountable for revealing that they had reasonable cause for keeping away from work. If they can do so, they still certify for public vacation privileges.

How the last and first rule works

Rosie’s regular work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s office closes down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the holiday, or has reasonable cause for stopping working to work either of those days, she qualifies to be spent for the holiday.

Example: When a staff member takes a day of rest

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev routinely works Monday to Thursday. Lev has asked his company for consent to take off the Thursday before the public vacation due to the fact that he has an individual visit. His employer agrees. Lev’s last regularly set up work day before the holiday is now thought about to be on the Wednesday.

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

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the vacation. Doris normally 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 vacation. The employer agrees. Doris’s regularly set up shift on the Thursday before the public holiday is now considered 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 affordable cause for failing to do so, she is entitled to the paid public holiday.

Example: When a worker is on trip

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

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last routinely set up day of work before her leave, and her very first regularly scheduled 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 holiday falls on a Monday, and Ellen’s work environment is closed for the vacation. Ellen does not work on her last scheduled day before the holiday, and she does not have sensible cause for missing out on that day. She receives no pay for somalibidders.com the holiday.

Public vacation pay

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

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

The amount of getaway pay payable to consist of in the computation of public holiday pay depends upon whether the worker is on holiday at any time throughout the 4 work weeks prior to the public holiday, and the manner in which the employee is to be paid vacation pay. Please describe the Vacation chapter for information on the different methods getaway pay can be paid.

Vacation pay payable

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

If the employee is to be paid holiday pay with every pay cheque the amount of trip pay to consist of in the computation of public vacation pay will be at least 4 percent of all of the employee’s incomes earned during the four work week period. (Note that if an employee earns a higher percentage of holiday pay, such as six per cent of earnings, then the “holiday pay payable” will be based on that higher percentage.)

If a staff member is to get their trip pay in a swelling amount on a specific date or dates, holiday pay will be included in the calculation of public holiday pay only if that date or dates falls throughout the appropriate 4 work week duration.

Calculating the four work week duration before the work week with a public holiday

The four weeks before the public vacation 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 four work weeks used to compute public vacation pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the employer’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 regular salaries earned by the worker and the holiday pay payable to the worker with regard to the 4 work weeks from November 22 to December 19 are used in the computation of public vacation pay.

Calculating public vacation pay

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

1. Calculate Iryna’s total routine salaries made:
$ 120 daily X 5 days = $600 per week
$ 600 per week X 4 work weeks = $2,400.
Iryna made $2,400 of routine incomes in the four work weeks before the public vacation.

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

3. Total her total salaries earned and vacation pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When holiday time is involved

Brock works five days a week and makes $160 a day. He was on getaway for two of the four weeks before the public holiday. He gets holiday pay before he takes his getaway. He is paid $1,600 trip pay for his 2 weeks of holiday. Brock worked his last regularly set up work day before the public holiday and his very first regularly scheduled work day after the vacation.

1. Calculate Brock’s overall regular earnings made:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

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

3. Combine his total wages made and vacation payable and 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 an employee works part-time and each pay cheque includes holiday pay

Tegan works 3 days a week and earns $120 a day. She worked her last routinely scheduled work day before the general public holiday and her very first frequently set up day after the vacation. She and her company have concurred in writing that she will get 4 percent getaway pay on each paycheque.

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

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

3. Total her regular incomes earned and vacation pay payable and divide the sum 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 number of hours daily or days per week. Her pay varies from week to week, according to the time she has actually worked. She and her employer have concurred in composing that she will get 4 per cent getaway pay on each pay cheque.

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

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

3. Total her routine earnings made and getaway pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When a staff member is on a leave

Zoe generally works five days a week, making $120 a day. She gets trip pay before she goes on trip. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave.

During her leaves, she was not paid incomes or getaway pay. She got maternity and parental advantages from the federal Employment Insurance program, however these advantages are not thought about “salaries.”

Zoe is entitled to receive public vacation spend for the general public vacations that fall during her leave as long as she works her last frequently scheduled day before her leave and her very first routinely set up day after her leave, or has sensible cause for failing to do so.

Zoe went on leave on June 10 and just worked 7 days throughout the 4 work weeks before the Canada Day public holiday. Her public vacation spend for Canada Day is:

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

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

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

Her public vacation pay for the rest of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have made any earnings or getaway pay on any of the days throughout the four work weeks before each of those holidays.

Example: When an employee is on a layoff

Eugene generally works 5 days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid incomes or holiday pay. He got employment insurance advantages during this time, but these advantages are ruled out “wages.”

Eugene was remembered to work on December 27. He is entitled to be paid public vacation pay for Day and Boxing Day as long as he works his last regularly arranged day before the layoff and his very first regularly scheduled day after the layoff, or has affordable cause for stopping working to do so.

However, because Eugene did not earn any earnings or getaway pay in the 4 work weeks before those 2 public vacations, the quantity of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker’s routine rate of pay. If a staff member is entitled to receive premium pay for work on a public holiday, they must be paid 1 1/2 times their routine rate of spend for each hour worked.

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

Substitute vacation

A substitute vacation is another working day of rest work that is designated to replace a public holiday. Employees are entitled to be paid public vacation pay for an alternative vacation.

A replacement holiday must be arranged for a day that is no later than 3 months after the general public vacation for which it was earned, or, if the staff member has agreed digitally or in composing, the substitute day off can be scheduled approximately 12 months after the public holiday.

If a staff member gets a substitute vacation, the company should provide the employee with a composed declaration that sets out the general public vacation that is being substituted, the date of the alternative holiday, and the date that the declaration was offered to the employee. This statement needs to be provided to the employee before the general public holiday.

Entitlements for public vacations

Entitlements for public vacations vary depending upon such things as whether the vacation falls on a working day or a non-working day and whether the worker works on the vacation. The various entitlements are set out listed below.

When a public vacation falls on a working day however the staff member does not work

Most workers deserve to get the public holiday off and earn money public holiday pay. (Some employees might be required to work on a public vacation. See “Special guidelines for certain markets” later on in this chapter.)

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

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

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

– public holiday pay for the general public holiday, if the employee consents to this digitally or in composing (in this case, the worker will not be given a substitute day off).

When an employee who receives the day of rest has concurred electronically or in composing to deal with a public vacation

Most employees can get the public holiday off and make money public holiday pay. However, if an employee agrees electronically or in composing to work on the general public holiday, there are 2 alternatives:

– the staff member is entitled to get regular salaries for all hours worked on the general public vacation, plus a substitute day off work with public holiday pay;.
or.

– if the staff member concurs digitally or in composing, they are entitled to public vacation pay for the public holiday plus premium pay for all hours worked on the public vacation. In this case, the employee will not be given an alternative day off.

Example: Calculating public vacation pay plus premium pay

A public vacation falls on one of John-Duncan’s normal working days. He and his company have actually agreed digitally or in writing that he will deal with the public holiday and that, rather of getting a substitute holiday, he will be paid public holiday pay plus premium spend for all the hours he deals with the holiday.

John-Duncan frequently works 8 hours a day, five days a week. His routine hourly pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public vacation. He works eight hours on the public holiday. He receives his getaway pay when his vacation is taken. He was not on trip during the four work weeks leading up to the public holiday

Step 1: determine public vacation pay:

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

2. Calculate the amount of getaway pay payable with respect to the 4 work week period:.
John-Duncan receives his trip pay when he takes his getaway. Because he was not on getaway throughout the 4 work week period, the quantity of holiday pay payable with regard to the four work weeks before the general public holiday = $0.

3. Add together his overall incomes earned and trip 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 exceptional pay

Finally, the premium pay owing to John-Duncan for his work on the general public vacation 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 privilege 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 accepts work on a public vacation however stops working to do so

If a worker has actually concurred digitally or in composing to deal with the general public vacation but does not do so – and does not have affordable cause for not having done so – the worker has no right to public holiday pay or to a substitute day off with pay.

However, if the staff member has reasonable cause for not working the general public holiday, then privileges will depend upon which of the 2 alternatives listed below the staff member chose in exchange for concurring to work on the general public vacation:

– if the worker had actually concurred electronically or in composing to work on the general public holiday for regular earnings plus a substitute day of rest with public vacation pay, the worker is entitled to an alternative day off work with public holiday pay;.
or.

– if the staff member had agreed digitally or in writing to deal with the public vacation for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the vacation. The staff member is not entitled to receive any superior pay because they did not carry out any deal with the vacation.

When a staff member works only some of the hours they accepted deal with a public vacation

If an employee has actually concurred electronically or in composing to work on the general public holiday but works just some of the hours they accepted work, and does not have sensible cause for failing to work all of the hours, the employee is only entitled to get premium spend for each hour dealt with the holiday. The employee has no right to public holiday pay or an alternative day off work.

Example: A common case

Trudi had concurred in writing that she would work 8 hours on Canada Day but she only worked four hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled only to premium spend 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 reasonable cause for working just a few of the hours they consented to work on the general public vacation, then:

– the staff member is entitled to their regular rate for all the hours worked plus a substitute day of rest deal with public vacation pay;.
or.

– if the worker had agreed digitally or in writing to deal with the public holiday 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 worked on the vacation.

Special guidelines for specific industries

Special rules use to workers who work in the list below kinds of businesses:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– healthcare facilities and retirement home;.

– constant operations (which are operations, or parts of operations, that do not stop or close more than as soon as 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).

An employee who operates in any of these organizations can be required to work on a public holiday without their arrangement, but just if the holiday falls on a day that the employee would generally work and the staff member is not on holiday.

If an employee is required to work, they are entitled to either:

– their regular rate for the hours dealt with the general public holiday, referall.us plus an alternative day of rest deal with public vacation pay;.
or.

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

The company selects which of these options will use.

Note that the company’s ability to need employees to work on a public vacation is subject to the worker’s right to take a day of rest for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the worker’s work agreement. Note likewise that specific retail workers who operate in constant operations (for instance, a 24-hour benefit store) deserve to refuse to work on a public vacation because of the unique guidelines that apply to some retail employees. See the “Retail workers” chapter of this guide to learn more.

A staff member in the formerly listed businesses who is needed to work on a public vacation that falls on their normal working day but stops working to do so, with reasonable cause, is entitled to:

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

– public holiday pay for the vacation.

The employer picks which option will use.

A worker in any of these organizations who is needed to deal with a public holiday that falls on their ordinary working day but who stops working, with reasonable 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 worked on the holiday plus a substitute vacation with public vacation pay;.
or.

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

The employer picks which alternative will use.

A staff member in any of these companies who is needed to work on a public vacation that falls on their common working day but who stops working, without affordable cause, to work part or all of the general public holiday is only entitled to receive premium pay for each hour dealt with the holiday (if any). The staff member has no right to public holiday pay or a substitute day of rest work.

Overtime estimations when a worker receives superior pay

Any hours dealt with a public vacation that are compensated with superior pay are not consisted of when identifying whether a worker has worked any overtime hours.

If work ends

Sometimes an employee’s job concerns an end before the staff member can take an alternative vacation with public vacation pay that they have actually earned. In this case, the employer needs to pay the employee’s public vacation pay at the exact same time it pays the staff member’s final salaries. This is so despite the factor the job concerned an end, whether it is since the employee gave up, was fired for excellent reason, or for some other reason.