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 concur digitally or in writing to deal with the vacation and be paid:

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

– be paid their regular earnings for all hours dealt with the general public vacation and get another substitute vacation for which they should be paid public holiday pay.

Some employees may be needed to deal with a public holiday. (See “Special rules for specific industries” later on in this Chapter.) While a lot of employees are qualified for the general public holiday privilege, some staff members work in tasks that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To identify whether a task is covered, or if unique guidelines apply, please describe the Guide to employment 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 holiday pay” later in this chapter.

Regular wages 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 companies provide their workers a vacation on Easter Sunday, Easter Monday, employment the very first Monday in August, or Remembrance Day, the company is not required to do so under the ESA.

Performing both covered and exempt work

Some workers carry out more than one type of work for an employer. A few of this work might be covered by the public holiday part of the ESA, while another type of work may be exempt from public vacation coverage.

If an employee performs both type of work, exempt and covered, they are eligible for the general public vacation privilege with regard to a specific public vacation if at least half of the work performed in the work week of the 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 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 general public holiday privilege for Canada Day.

Getting approved for public holiday privileges

Generally, staff members qualify for the public vacation privilege unless they:

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

– stop working without affordable cause to work their entire shift on the general public holiday if they agreed to or were needed to work that day.

Note: Most workers who fail to get approved for the public holiday entitlement are still entitled to be paid exceptional spend for every hour they deal with the holiday.

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

The “last and very first guideline”

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

For instance, an employee might not be scheduled 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 first one after it, or has reasonable cause for not working either of those days, employment they fulfill this qualifying requirement.

Reasonable cause

A worker is generally thought about to have “affordable cause” for missing work when something beyond their control avoids the employee from working. Employees are accountable for showing that they had affordable cause for staying away from work. If they can do so, they still certify for public vacation entitlements.

How the last and very first rule works

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

Example: When a worker takes a day off

A public vacation falls on a Monday, and Lev’s office closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his employer for approval to remove the Thursday before the public holiday due to the fact that he has a personal consultation. His employer agrees. Lev’s last frequently arranged work day before the holiday is now considered to be on the Wednesday.

If Lev works his whole Wednesday shift before the holiday and his whole 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 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., employment Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the public vacation. The employer concurs. Doris’s routinely set up shift on the Thursday before the 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 reasonable cause for failing to do so, she is entitled to the paid public vacation.

Example: When a staff member is on holiday

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly arranged shift before his trip and very first frequently arranged shift after his vacation – on June 24 and July 10 – or has affordable 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 holiday happens. If Lydia works her last regularly scheduled day of work before her leave, and her first regularly set up 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 holiday 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 sensible cause for missing out on that day. She receives no spend for the vacation.

Public holiday pay

The amount of public vacation pay to which a staff member is entitled is all of the regular incomes made by the employee in the 4 work weeks before the work week with the general public vacation 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 include vacation pay in the computation of public holiday pay

The amount of trip pay payable to consist of in the calculation of public vacation pay depends upon whether the employee is on trip at any time during the four work weeks prior to the general public holiday, and the manner in which the employee is to be paid vacation pay. Please refer to the Vacation chapter for info on the different ways trip pay can be paid.

Vacation pay payable

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

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

If a staff member is to get their getaway pay in a lump amount on a specific date or dates, getaway pay will be consisted of in the estimation of public vacation pay just if that date or dates falls during the pertinent four work week period.

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

The 4 weeks before the 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 ranges from Thursday to Wednesday. In this case, the 4 work weeks utilized to calculate public vacation pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the company’s work week) before the work week in which the public holiday falls.

– Week 1: Thursday, employment 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 vacation pay payable to the worker with respect to the four work weeks from November 22 to December 19 are utilized in the estimation of public holiday pay.

Calculating public vacation pay

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

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

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

3. Total her overall salaries earned and holiday 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 included

Brock works 5 days a week and earns $160 a day. He was on vacation for 2 of the four weeks before the public vacation. He gets getaway pay before he takes his holiday. He is paid $1,600 trip spend for his two weeks of trip. Brock worked his last routinely scheduled work day before the general public holiday and his first regularly set up work day after the vacation.

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

2. Calculate the quantity of vacation pay:.
Brock was on holiday 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 getaway. The amount of trip pay payable with regard to the four work weeks prior to the work week with the general public holiday = $1,600.

3. Add together his overall earnings made and getaway 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 a staff member works part-time and each pay cheque includes vacation pay

Tegan works 3 days a week and earns $120 a day. She worked her last regularly scheduled work day before the general public holiday and her first routinely arranged day after the holiday. She and her company have concurred in composing that she will receive 4 percent vacation pay on each paycheque.

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

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

3. Total her routine earnings 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 holiday pay.

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

Bertie does not work a set number of hours per day or days per week. 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 get four percent trip pay on each pay cheque.

1. Bertie’s routine earnings made throughout the four work weeks before the holiday are $1,500.

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

3. Combine her regular incomes made and holiday 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: employment When an employee is on a leave

Zoe normally works five days a week, earning $120 a day. She receives getaway pay before she goes on trip. 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 salaries or trip pay. She received maternity and adult gain from the federal Employment Insurance program, however these advantages are not thought about “incomes.”

Zoe is entitled to get public holiday spend for the public vacations that fall during her leave as long as she works her last routinely scheduled day before her leave and her very first regularly set up day after her leave, or has reasonable cause for stopping working to do so.

Zoe went on leave on June 10 and only worked 7 days during the four work weeks before the Canada Day public vacation. Her public holiday 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 four work week period).

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

Her public vacation pay for the rest of the public holidays that fall during her leave will be $0. This is due to the fact that she will not have actually made any wages or trip pay on any of the days during the 4 work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene generally works 5 days a week, earning $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or vacation pay. He got employment insurance coverage benefits throughout this time, however these advantages are ruled out “earnings.”

Eugene was recalled to deal with December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last routinely arranged day before the layoff and his very first frequently scheduled day after the layoff, or has sensible cause for stopping working to do so.

However, since Eugene did not earn any earnings or getaway pay in the four work weeks before those two public holidays, 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 an employee is entitled to receive premium spend for work on 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 means that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

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

An alternative holiday should be set up for a day that is no behind three months after the general public vacation for which it was earned, or, if the worker has agreed digitally or in writing, the substitute day off can be scheduled approximately 12 months after the public vacation.

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

Entitlements for public vacations

Entitlements for public holidays differ depending upon such things as whether the holiday falls on a working day or a non-working day and whether the staff member works on the holiday. The different privileges are set out below.

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

Most staff members can get the public holiday off and make money public vacation pay. (Some workers might be needed to work on a public holiday. See “Special rules for specific industries” later in this chapter.)

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

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

– a substitute holiday 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 worker will not be offered a substitute day of rest).

When a worker who gets approved for the day off has concurred digitally or in composing to work on a public vacation

Most staff members deserve to get the general public vacation off and get paid public holiday pay. However, if a staff member agrees electronically or in composing to deal with the public holiday, there are 2 alternatives:

– the staff member is entitled to get routine salaries for all hours dealt with the general public holiday, plus a substitute day off deal with public holiday pay;.
or.

– if the staff member agrees electronically or in composing, they are entitled to public vacation spend for the public holiday plus premium pay for all hours worked on the general public vacation. In this case, the employee will not be offered a substitute day of rest.

Example: Calculating public holiday pay plus premium pay

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

John-Duncan routinely works eight hours a day, five 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 general public vacation. He works 8 hours on the general public vacation. He receives his vacation pay when his trip is taken. He was not on trip throughout the four work weeks leading up to the general public vacation

Step 1: calculate public holiday pay:

1. Calculate John-Duncan’s overall regular wages earned in the 4 work weeks before the public holiday:
8 hours per day X $20 per hour = $160 each day
$ 160 per 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 general public holiday.

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

3. Combine his overall wages made and trip 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: compute premium pay

Finally, the premium pay owing to John-Duncan for his deal with 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 holiday pay of $160 and superior pay of $240, for a total of $400.

When a worker accepts deal with a public vacation however fails to do so

If an employee has actually agreed electronically or in composing to deal with the public holiday but does refrain from doing so – and does not have affordable cause for not having actually done so – the staff member has no right to public vacation pay or to an alternative day off with pay.

However, if the worker has reasonable cause for not working the general public holiday, then entitlements will depend on which of the 2 options listed below the worker picked in exchange for accepting deal with the public vacation:

– if the staff member had actually concurred digitally or in composing to deal with the public vacation for regular incomes plus an alternative day of rest with public holiday pay, the staff member is entitled to a substitute day off deal with public vacation pay;.
or.

– if the worker had concurred digitally or in composing to work on the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the vacation. The worker is not entitled to get any exceptional pay due to the fact that they did not carry out any work on the vacation.

When a staff member works only a few of the hours they accepted deal with a public holiday

If an employee has actually concurred digitally or in composing to deal with the public holiday however works just some of the hours they accepted work, and does not have sensible cause for failing to work all of the hours, the staff member is only entitled to get exceptional pay for each hour worked on the vacation. The staff member has no right to public holiday pay or a substitute day off work.

Example: A typical 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 affordable 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 affordable cause for working only some of the hours they consented to deal with the public holiday, 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 agreed electronically or in writing to work on the public holiday for public vacation 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 vacation.

Special guidelines for certain industries

Special guidelines apply to employees who work in the list below kinds of businesses:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– healthcare facilities and nursing homes;.

– 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 gambling establishment if the video games tables are open around the clock).

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

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

– their regular rate for the hours dealt with the public holiday, plus a substitute day off work with public vacation pay;.
or.

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

The company chooses which of these alternatives will apply.

Note that the employer’s capability to need employees to deal with a public holiday is subject to the staff member’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the staff member’s employment agreement. Note likewise that particular retail workers who operate in continuous operations (for example, a 24-hour convenience shop) have the right to decline to work on a public vacation due to the fact that of the unique guidelines that use to some retail workers. See the “Retail employees” chapter of this guide to learn more.

A worker in the formerly listed businesses who is required to deal with a public vacation that falls on their normal working day however fails to do so, with sensible cause, is entitled to:

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

– public vacation pay for the holiday.

The company picks which choice will apply.

A staff member in any of these businesses who is required to work on a public vacation that falls on their normal working day but who fails, with affordable cause, to work a few of the hours they were required to work on the holiday is entitled to either:

– their regular rate for each hour dealt with the holiday plus an alternative holiday with public vacation pay;.
or.

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

The company picks which option will use.

A staff member in any of these companies who is required to deal with a public holiday that falls on their ordinary working day however who stops working, without reasonable cause, to work part or all of the public vacation is just entitled to receive premium pay for each hour dealt with the holiday (if any). The worker has no right to public vacation pay or an alternative day off work.

Overtime calculations when a worker gets exceptional pay

Any hours worked on a public vacation that are compensated with superior pay are not consisted of when identifying whether an employee has actually worked any overtime hours.

If employment ends

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