Qualified Employees can Be Full-time

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

Alternatively, the worker can agree digitally or in composing to deal with the vacation and be paid:

– public holiday pay plus premium pay for all hours dealt with the general 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 public holiday and receive another replacement vacation for which they should be paid public vacation pay.

Some employees may be required to work on a public vacation. (See “Special rules for particular markets” later in this Chapter.) While most workers are eligible for the general public vacation entitlement, some employees operate in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To figure out whether a task is covered, or if unique guidelines use, please refer to the Guide to work standards special guidelines and exemptions.

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

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

Regular salaries does not include any overtime pay, getaway pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to a worker.

While some companies give their workers 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 sort of work for a company. Some 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 worker carries out both sort of work, exempt and covered, they are eligible for the public vacation entitlement with respect to a particular 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 protection) and a dispatcher (work that is covered by the public holiday 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 qualified for the general public vacation privilege for Canada Day.

Qualifying for public vacation entitlements

Generally, employees qualify for the public holiday privilege unless they:

– fail without reasonable cause to work all of their last frequently arranged day of work before the general public vacation or all of their very first regularly scheduled day of work after the general public vacation (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 consented to or were needed to work that day.

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

Qualified staff members can be complete time, part-time, employment long-term or on term agreement. It does not matter how just recently they were hired, or the number of days they worked before the public holiday.

The “last and first guideline”

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

For example, a worker might not be set up to work the day right before or after the holiday. As long as the staff member works all of their last frequently scheduled shift before the holiday and all of the very first one after it, employment or has sensible cause for not working either of those days, they meet this certifying criterion.

Reasonable cause

A staff member is normally considered to have “sensible cause” for missing out on work when something beyond their control prevents the employee from working. Employees are responsible for showing that they had affordable cause for remaining away from work. If they can do so, they still certify for public holiday entitlements.

How the last and first guideline works

Rosie’s regular work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace closes down for that day. If Rosie works the whole 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 staff member takes a day off

A public vacation falls on a Monday, and Lev’s office closes down for that day. Lev frequently works Monday to Thursday. Lev has asked his company for approval to take off the Thursday before the general public holiday because he has an individual consultation. His company agrees. Lev’s last regularly scheduled work day before the holiday is now thought about to be on the Wednesday.

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

Example: When a worker 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 company concurs. Doris’s routinely set up shift on the Thursday before the public vacation 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 stopping working to do so, she is entitled to the paid public vacation.

Example: When a staff member 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 regularly scheduled shift before his trip and first regularly set up shift after his trip – on June 24 and July 10 – or has reasonable cause for stopping working to do so, he will get approved for the paid public holiday.

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday takes place. If Lydia works her last regularly set up day of work before her leave, and her first routinely set up day of work after her leave, or has affordable cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no affordable cause

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

Public holiday pay

The amount of public holiday pay to which an employee is entitled is all of the regular incomes made by the worker in the 4 work weeks before the work week with the general public vacation plus all of the vacation pay payable to the employee with respect to the 4 work weeks before the work week with the general public holiday, divided by 20.

When to include getaway pay in the calculation of public holiday pay

The quantity of getaway pay payable to include in the calculation of public vacation pay depends upon whether the worker is on getaway at any time during the 4 work weeks prior to the public holiday, and the manner in which the worker is to be paid getaway pay. Please refer to the Vacation chapter for details on the various ways vacation pay can be paid.

Vacation pay payable

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

If the employee is to be paid trip pay with every pay cheque the quantity of vacation pay to include in the estimation of public holiday pay will be at least 4 percent of all of the staff member’s incomes earned during the four work week duration. (Note that if a worker makes a greater percentage of trip pay, such as six per cent of salaries, then the “vacation pay payable” will be based upon that higher portion.)

If an employee is to get their vacation pay in a lump amount on a specific date or dates, vacation pay will be included in the computation of public vacation pay only if that date or dates falls throughout the relevant 4 work week duration.

Calculating the 4 work week duration before the work week with a public holiday

The four weeks before the general public vacation is based upon the employer’s work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the 4 work weeks used to calculate public vacation pay are those 4 weeks counting in reverse from the very first Wednesday (the last day of the company’s work week) before the work week in which the general public holiday 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 vacation: Tuesday, December 25

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

Calculating public vacation pay

Iryna works five days a week and earns $120 a day. She worked her last regularly arranged work day before the general public holiday and her first frequently scheduled day after the vacation. She gets her trip pay when her vacation is taken. She was not on holiday throughout the four work weeks leading up to the general public vacation.

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

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

3. Add together her total earnings made and holiday 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 holiday time is included

Brock works five days a week and earns $160 a day. He was on getaway for 2 of the 4 weeks before the general public holiday. He receives trip pay before he takes his trip. He is paid $1,600 getaway pay for his two weeks of holiday. Brock worked his last frequently scheduled work day before the general public holiday and his first regularly scheduled work day after the holiday.

1. Calculate Brock’s total routine wages earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

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

3. Combine his total salaries made and trip payable and divide the sum 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 consists of trip pay

Tegan works 3 days a week and earns $120 a day. She worked her last routinely scheduled work day before the general public vacation and her very first frequently set up day after the holiday. She and her employer have actually agreed in composing that she will receive four percent holiday pay on each paycheque.

1. Calculate Tegan’s routine salaries earned:.
$ 120 daily X 3 days = $360 weekly.
$ 360 per week X 4 weeks = $1,440.

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

3. Combine her regular salaries made and vacation 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 holiday pay.

Example: When there are no set hours and each pay cheque includes holiday pay

Bertie does not work a set variety of hours each day or days each week. Her pay differs from week to week, according to the time she has worked. She and her employer have concurred in writing that she will receive four per cent trip pay on each pay cheque.

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

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

3. Combine her routine wages 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 staff member is on a leave

Zoe normally works 5 days a week, earning $120 a day. She gets 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 incomes or trip pay. She received maternity and parental advantages from the federal Employment Insurance program, however these advantages are ruled out “incomes.”

Zoe is entitled to get public vacation pay for the public vacations that fall throughout her leave as long as she works her last routinely set up day before her leave and her very first regularly arranged day after her leave, or has sensible cause for stopping working to do so.

Zoe went on leave on June 10 and only worked seven 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 getaway during the 4 work week duration).

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

Her public holiday spend for the rest of the public holidays that fall during her leave will be $0. This is because she will not have earned any earnings or holiday pay on any of the days throughout the 4 work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene usually works five 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 getaway pay. He received work insurance coverage benefits throughout this time, but these benefits are not thought about “incomes.”

Eugene was recalled to deal with 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 scheduled day before the layoff and his very first regularly scheduled day after the layoff, or has reasonable cause for failing to do so.

However, due to the fact that Eugene did not earn any salaries or getaway pay in the four work weeks before those two 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 worker is entitled to get exceptional spend for deal with a public holiday, they should be paid 1 1/2 times their routine rate of spend for each hour worked.

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

Substitute vacation

A substitute holiday is another working day off work that is designated to replace a public vacation. Employees are entitled to be paid public vacation spend for a replacement vacation.

An alternative vacation need to 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 actually concurred digitally or in composing, the alternative day of rest can be arranged approximately 12 months after the public holiday.

If a worker receives an alternative vacation, the employer should supply the employee with a composed declaration that sets out the general public holiday that is being replaced, the date of the substitute vacation, and the date that the declaration was provided to the worker. This statement must be supplied to the staff member before the general public vacation.

Entitlements for public holidays

Entitlements for public vacations differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the employee works on the holiday. The different entitlements are set out below.

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

Most employees have the right to get the general public holiday off and get paid public holiday pay. (Some employees may be required to deal with a public vacation. See “Special guidelines for specific industries” later in this chapter.)

When a public holiday falls on a worker’s non-working day or throughout a staff member’s getaway

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

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

– public vacation pay for the general public holiday, if the staff member accepts this electronically or in composing (in this case, the staff member will not be offered a substitute day off).

When a staff member who receives the day off has agreed electronically or in writing to deal with a public holiday

Most workers can get the public holiday off and get paid public holiday pay. However, if a staff member agrees digitally or in writing to work on the public vacation, there are two options:

– the employee is entitled to get routine earnings for all hours worked on the public holiday, plus a substitute day off work with public vacation pay;.
or.

– if the worker concurs digitally or in composing, they are entitled to public holiday spend for the general public vacation plus premium pay for all hours dealt with the public holiday. In this case, the worker will not be provided a substitute day of rest.

Example: Calculating public vacation pay plus premium pay

A public holiday falls on among John-Duncan’s normal working days. He and his employer have concurred electronically or in composing that he will work on the public vacation and that, instead of getting a substitute holiday, he will be paid public holiday pay plus premium spend for all the hours he deals with the vacation.

John-Duncan frequently works 8 hours a day, 5 days a week. His routine per hour pay rate is $20. He has worked on all his scheduled work days in the four work weeks before the general public holiday. He works 8 hours on the public holiday. He receives his vacation pay when his vacation is taken. He was not on vacation during the four work weeks leading up to the public vacation

Step 1: determine public vacation pay:

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

2. Calculate the quantity of getaway pay payable with respect to the 4 work week duration:.
John-Duncan gets his holiday pay when he takes his getaway. Because he was not on holiday during the 4 work week period, the quantity of trip pay payable with respect to the 4 work weeks before the public vacation = $0.

3. Combine his total wages earned and vacation pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: calculate premium pay

Finally, the premium pay owing to John-Duncan for his deal with the 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 superior pay of $240, for a total of $400.

When a staff member accepts work on a public vacation however stops working to do so

If a worker has agreed electronically or in writing to work on the general public holiday but does not do so – and does not have sensible cause for not having actually done so – the employee has no right to public holiday pay or to an alternative day off with pay.

However, if the employee has sensible cause for not working the public vacation, then privileges will depend upon which of the two alternatives below the employee chose in exchange for accepting deal with the general public holiday:

– if the employee had actually concurred electronically or in writing to deal with the public vacation for routine wages plus a substitute day of rest with public vacation pay, the employee is entitled to an alternative day of rest work with public vacation pay;.
or.

– if the worker had actually agreed electronically or in writing to deal with the general public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay for the holiday. The employee is not entitled to get any exceptional pay because they did not perform any deal with the holiday.

When an employee works just some of the hours they agreed to work on a public vacation

If a staff member has agreed electronically or in composing to work on the general public vacation but works only a few of the hours they consented to work, and does not have reasonable cause for failing to work all of the hours, the employee is only entitled to receive exceptional spend for each hour dealt with the vacation. The worker has no right to public holiday pay or a substitute day off work.

Example: A common case

Trudi had actually concurred in writing that she would work 8 hours on Canada Day however she just worked 4 hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled only to premium pay for the four hours she dealt with the vacation. She is not entitled to public vacation pay or to a substitute day of rest work.

However, if the worker has affordable cause for employment working just a few of the hours they concurred to deal with the general public holiday, then:

– the staff member is entitled to their routine rate for all the hours worked plus an alternative day of rest work with public holiday pay;.
or.

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

Special rules for specific markets

Special rules apply to employees who work in the list below types of companies:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– healthcare facilities and nursing homes;.

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

A staff member who operates in any of these businesses can be needed to deal with a public holiday without their agreement, however only if the holiday falls on a day that the employee would typically work and the worker is not on holiday.

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

– their routine rate for the hours dealt with the public holiday, plus a substitute day of rest work with public holiday pay;.
or.

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

The company picks which of these alternatives will use.

Note that the company’s capability to require employees to deal with a public vacation goes through the staff member’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s employment contract. Note also that specific retail employees who work in constant operations (for example, a 24-hour corner store) have the right to decline to work on a public holiday due to the fact that of the unique rules that apply to some retail employees. See the “Retail workers” chapter of this guide for more details.

A staff member in the formerly noted organizations who is required to work on a public holiday that falls on their common working day however fails to do so, employment with sensible cause, is entitled to:

– a substitute holiday with public holiday pay;.
or.

– public vacation spend for the vacation.

The company picks which alternative will use.

An employee in any of these businesses who is needed to work on a public vacation that falls on their normal working day however who stops working, with affordable cause, to work a few of the hours they were required to deal with the vacation is entitled to either:

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

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

The employer picks which option will apply.

A worker in any of these organizations who is needed to work on a public vacation that falls on their common working day but who fails, without affordable cause, to work part or all of the public vacation is just entitled to receive exceptional spend for each hour dealt with the vacation (if any). The worker has no right to public holiday pay or a substitute day off work.

Overtime computations when a staff member gets exceptional pay

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

If work ends

Sometimes a worker’s task concerns an end before the worker can take a substitute vacation with public vacation pay that they have actually made. In this case, the company needs to pay the staff member’s public holiday pay at the same time it pays the staff member’s final wages. This is so no matter the factor the task came to an end, whether it is due to the fact that the staff member gave up, was fired for good factor, or for some other factor.