Qualified Employees can Be Full Time

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

Alternatively, the employee can concur electronically or in writing to deal with the vacation and be paid:

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

– be paid their regular earnings for all hours dealt with the public holiday and receive another alternative holiday for which they need to be paid public holiday pay.

Some employees might be required to deal with a public vacation. (See “Special rules for particular industries” later on in this Chapter.) While most employees are qualified for the public vacation entitlement, some employees work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if special rules use, please describe the Guide to work standards special rules and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular wages does not include any overtime pay, holiday pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of task pay payable to a staff member.

While some employers give their workers a vacation 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 workers perform more than one type of work for a company. Some of this work may be covered by the public vacation part of the ESA, while another kind of work may be exempt from public vacation coverage.

If an employee carries out both type of work, exempt and covered, they are eligible for the general public holiday entitlement with respect to a specific public holiday if at least half of the work performed in the work week of the general public vacation is work that is covered.

Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday 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 public holiday privilege for Canada Day.

Qualifying for public vacation privileges

Generally, workers certify for the general public holiday privilege unless they:

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

– stop working without reasonable cause to work their whole shift on the public holiday if they consented to or were required to work that day.

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

Qualified employees can be full time, part time, 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 vacation.

The “last and very first guideline”

The “last frequently arranged day of work before the general public vacation” and the “first frequently set up day of work after the general public vacation” do not need to be the days right in the past and right after the vacation.

For example, a staff member might not be scheduled to work the day right before or after the holiday. As long as the staff member works all of their last regularly scheduled shift before the holiday and all of the very first one after it, or has reasonable cause for not working either of those days, they meet this qualifying requirement.

Reasonable cause

A staff member is normally considered to have “reasonable cause” for missing work when something beyond their control prevents the employee from working. Employees are accountable for showing that they had affordable cause for employment keeping away from work. If they can do so, they still qualify for public holiday privileges.

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 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 affordable cause for stopping working to work either of those days, she certifies to be spent for the vacation.

Example: When an employee takes a day off

A public holiday falls on a Monday, and Lev’s office closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for authorization to take off the Thursday before the general public holiday because he has a personal consultation. His company agrees. Lev’s last frequently set up work day before the vacation is now considered to be on the Wednesday.

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

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the holiday. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public holiday. The employer agrees. Doris’s regularly scheduled shift on the Thursday before the general public vacation 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 affordable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a staff member is on trip

Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last routinely set up shift before his trip and very first regularly set up shift after his trip – on June 24 and July 10 – or has sensible cause for failing to do so, he will qualify 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 takes place. If Lydia works her last regularly scheduled day of work before her leave, and her very first regularly scheduled day of work after her leave, or has affordable cause for failing to do so, she will be entitled to the paid public holiday.

Example: When there is no reasonable cause

A public vacation falls on a Monday, and Ellen’s work environment is closed for the holiday. Ellen does not deal with her last scheduled day before the vacation, and she does not have affordable cause for missing out on that day. She receives no spend for the holiday.

Public holiday pay

The quantity of public vacation pay to which a worker is entitled is all of the regular wages made by the worker in the four work weeks before the work week with the general public holiday plus all of the getaway pay payable to the staff member with respect to the 4 work weeks before the work week with the general public vacation, divided by 20.

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

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

Vacation pay payable

If the worker 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, vacation pay will be consisted of in the calculation of public vacation pay if the worker was on trip during that four work week period. If the staff member was not on trip throughout that period, no vacation pay will be consisted of in the estimation.

If the worker is to be paid holiday pay with every pay cheque the amount of getaway pay to consist of in the calculation of public vacation pay will be at least four per cent of all of the employee’s wages earned throughout the four work week period. (Note that if a staff member makes a greater portion of getaway pay, such as six percent of earnings, then the “getaway pay payable” will be based on that higher portion.)

If a worker is to get their trip pay in a lump amount on a specific date or dates, trip pay will be consisted of in the calculation of public holiday pay just if that date or dates falls throughout the pertinent four work week period.

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

The four weeks before the general public holiday is based on the company’s work week and is not necessarily 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 utilized to compute public vacation pay are those four weeks counting in reverse from the very first Wednesday (the last day of the employer’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 holiday: Tuesday, December 25

In this example, the regular salaries made by the worker and the holiday pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are utilized in the calculation of public vacation pay.

Calculating public vacation pay

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

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

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

3. Combine her overall salaries made and vacation 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 5 days a week and makes $160 a day. He was on holiday for 2 of the four weeks before the general public vacation. He gets trip pay before he takes his trip. He is paid $1,600 trip spend for his two weeks of holiday. Brock worked his last routinely arranged work day before the general public vacation and his first routinely set up work day after the vacation.

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

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

3. Combine his total salaries made and holiday payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public holiday 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 regularly arranged day after the vacation. She and her company have agreed in writing that she will receive 4 percent vacation pay on each paycheque.

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

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

3. Total her routine salaries made 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 vacation pay

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

1. Bertie’s regular incomes made throughout the 4 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 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 normally works five days a week, earning $120 a day. She receives vacation pay before she goes on holiday. 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 wages or trip pay. She received maternity and parental take advantage of the federal Employment Insurance program, however these benefits are not considered “salaries.”

Zoe is entitled to receive public holiday spend for the public vacations that fall throughout her leave as long as she works her last regularly arranged day before her leave and her very first routinely arranged day after her leave, or has reasonable cause for failing to do so.

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

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

– Vacation pay payable: $0 (she was not on vacation during the 4 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 earned any wages or getaway pay on any of the days throughout the 4 work weeks before each of those vacations.

Example: When a worker is on a layoff

Eugene generally works five days a week, earning $100 a day. He was positioned on momentary layoff on November 15. During his layoff, Eugene was not paid earnings or getaway pay. He got work insurance coverage benefits during this time, however these benefits are not considered “earnings.”

Eugene was remembered to deal with December 27. He is entitled to be paid public holiday spend for Christmas Day and Boxing Day as long as he works his last regularly set up day before the layoff and his very first regularly scheduled day after the layoff, or has affordable cause for failing to do so.

However, due to the fact that Eugene did not earn any earnings or trip pay in the four work weeks before those 2 public holidays, the quantity of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times an employee’s regular rate of pay. If a staff member is entitled to receive premium spend for deal with a public holiday, they need to be paid 1 1/2 times their regular rate of pay 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

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

An alternative holiday should be scheduled for a day that is no later on than 3 months after the public holiday for which it was earned, or, if the worker has concurred digitally or in composing, the substitute day of rest can be scheduled as much as 12 months after the general public vacation.

If a staff member receives a replacement holiday, the employer must offer the worker with a written declaration that sets out the public holiday that is being replaced, the date of the replacement vacation, and the date that the statement was offered to the staff member. This statement needs to be offered to the staff member before the general public vacation.

Entitlements for public vacations

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

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

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

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

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

– a replacement holiday off with public holiday pay;.
or.

– public vacation spend for the general public vacation, if the employee accepts this digitally or in composing (in this case, the staff member will not be provided an alternative day off).

When an employee who receives the day off has agreed digitally or in writing to work on a public vacation

Most staff members deserve to get the public holiday off and get paid public holiday pay. However, if a staff member concurs digitally or in writing to deal with the general public vacation, there are two alternatives:

– the staff member is entitled to get routine salaries for all hours worked on the general public holiday, plus an alternative day off deal with public vacation pay;.
or.

– if the employee agrees digitally or in writing, they are entitled to public vacation spend for the public vacation plus premium pay for all hours worked on the general public holiday. In this case, the employee will not be provided an alternative day off.

Example: Calculating public holiday pay plus premium pay

A public vacation falls on among John-Duncan’s normal working days. He and his employer have actually concurred digitally or in composing that he will deal with the general public vacation and that, instead of getting a replacement vacation, he will be paid public vacation pay plus premium pay for all the hours he works on the vacation.

John-Duncan routinely works 8 hours a day, five days a week. His routine per hour pay rate is $20. He has actually dealt with all his scheduled work days in the four work weeks before the public holiday. He works 8 hours on the general public vacation. He gets his getaway pay when his holiday is taken. He was not on trip throughout the 4 work weeks leading up to the general public vacation

Step 1: determine public holiday pay:

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

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

3. Combine his overall earnings made and holiday pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: determine superior pay

Finally, the premium pay owing to John-Duncan for his work on the general public holiday is computed:.
$ 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 holiday pay of $160 and premium pay of $240, for an overall of $400.

When a worker agrees to deal with a public holiday but stops working to do so

If a worker has actually concurred digitally or in writing to work on the public vacation however does not do so – and does not have affordable cause for not having actually done so – the worker has no right to public holiday pay or to an alternative day off with pay.

However, if the worker has sensible cause for not working the public vacation, then entitlements will depend upon which of the 2 options listed below the worker selected in exchange for agreeing to work on the general public holiday:

– if the staff member had concurred digitally or in composing to deal with the public vacation for employment routine salaries plus a substitute day off with public vacation pay, the employee is entitled to a substitute day off deal with public vacation pay;.
or.

– if the worker had actually agreed digitally or in composing 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 spend for the holiday. The employee is not entitled to receive any exceptional pay since they did not perform any deal with the vacation.

When an employee works just some of the hours they consented to deal with a public holiday

If a staff member has actually agreed electronically or in composing to work on the public holiday however works only a few of the hours they concurred to work, and does not have affordable cause for failing to work all of the hours, the worker is just entitled to get exceptional pay for each hour dealt with the vacation. The staff member has no right to public vacation pay or a substitute day off work.

Example: A normal case

Trudi had concurred in composing that she would work eight hours on Canada Day however she just worked four hours and did not have reasonable cause for stopping working to work the other four hours. Trudi is entitled just to premium spend for the four hours she worked on the holiday. She is not entitled to public holiday pay or employment to an alternative day of rest work.

However, if the worker has sensible cause for working only some of the hours they accepted deal with the general public vacation, then:

– the worker is entitled to their routine rate for all the hours worked plus a substitute day off deal with public vacation pay;.
or.

– if the staff member had actually concurred digitally or in writing to deal with the public holiday for public holiday pay plus premium pay for each hour worked, employment they are entitled to be paid public vacation pay plus premium pay for every hour dealt with the vacation.

Special rules for particular markets

Special rules use to workers who operate in the list below kinds of services:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– healthcare facilities and homes;.

– constant 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 games part of a casino if the video games tables are open all the time).

An employee who operates in any of these companies can be needed to deal with a public holiday without their arrangement, however only if the vacation falls on a day that the worker would normally work and the worker is not on trip.

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

– their routine rate for the hours worked on the general public vacation, plus an alternative day of rest work with public vacation pay;.
or.

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

The employer selects which of these alternatives will apply.

Note that the employer’s ability to require staff members to deal with a public holiday is subject to the worker’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 agreement. Note also that certain retail employees who work in continuous operations (for example, a 24-hour benefit shop) deserve to refuse to work on a public vacation due to the fact that of the special guidelines that apply to some retail employees. See the “Retail workers” chapter of this guide to learn more.

A worker in the formerly listed organizations who is needed to work on a public vacation that falls on their ordinary working day however fails to do so, with sensible cause, is entitled to:

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

– public vacation spend for the vacation.

The company selects which option will apply.

An employee in any of these companies who is needed to work on a public vacation that falls on their regular working day however who fails, with sensible cause, to work some of the hours they were required to deal with the vacation is entitled to either:

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

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

The company chooses which option will apply.

An employee in any of these services who is required to work on a public holiday that falls on their normal working day but who stops working, without sensible cause, to work part or all of the general public vacation is just entitled to receive superior spend for each hour dealt with the vacation (if any). The staff member has no right to public holiday pay or a substitute day of rest work.

Overtime calculations when a worker gets exceptional pay

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

If employment ends

Sometimes an employee’s job pertains to an end before the staff member can take a replacement vacation with public vacation pay that they have actually made. In this case, the employer needs to pay the staff member’s public vacation pay at the exact same time it pays the worker’s final salaries. This is so regardless of the factor the task pertained to an end, whether it is due to the fact that the employee gave up, was fired for good reason, or for some other factor.