Qualified Employees can Be Full-time

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

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

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

– be paid their routine salaries for all hours dealt with the public vacation and receive another alternative vacation for which they should be paid public holiday pay.

Some employees might be needed to work on a public vacation. (See „Special rules for particular industries” later in this Chapter.) While most workers are eligible for the general public vacation privilege, some workers operate in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To determine whether a job is covered, or if unique rules apply, please refer to the Guide to work requirements special guidelines and exemptions.

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

See „Public vacation pay” later in this chapter.

Regular incomes does not consist of any overtime pay, getaway pay, public holiday pay, job premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to an employee.

While some employers offer their employees a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.

Performing both covered and exempt work

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

If an employee carries out both kinds of work, exempt and covered, they are eligible for the public vacation privilege with respect to a specific public vacation if at least half of the work performed in the work week of the 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 coverage) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, job 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 public vacation entitlement for Canada Day.

Qualifying for public holiday entitlements

Generally, workers receive the general public vacation privilege unless they:

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

– fail without affordable cause to work their whole shift on the public holiday if they consented to or were needed to work that day.

Note: Most employees who fail to receive the general public vacation privilege are still entitled to be paid exceptional spend for every hour they work on the vacation.

Qualified staff members can be complete 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 guideline”

The „last routinely scheduled day of work before the general public holiday” and the „first regularly scheduled day of work after the general public holiday” do not have to be the days right before and right after the holiday.

For example, an employee may not be set up to work the day right before or after the vacation. As long as the worker works all of their last regularly arranged 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 satisfy this qualifying criterion.

Reasonable cause

An employee is typically thought about to have „affordable cause” for missing out on work when something beyond their control prevents the staff member from working. Employees are accountable for showing 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 guideline works

Rosie’s routine work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace shuts 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 failing to work either of those days, job she certifies to be paid for the vacation.

Example: When a staff member takes a day off

A public holiday falls on a Monday, and Lev’s work environment closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his company for consent to remove the Thursday before the general public vacation because he has an individual consultation. His employer agrees. Lev’s last regularly set up work day before the vacation is now thought about to be on the Wednesday.

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

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the holiday. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the general public holiday. The employer agrees. Doris’s frequently 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 holiday.

Example: When a worker is on getaway

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

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 work on her last scheduled day before the holiday, and she does not have sensible cause for missing that day. She receives no pay for the vacation.

Public vacation pay

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

When to include trip pay in the computation of public vacation pay

The quantity of vacation pay payable to include in the calculation of public vacation pay depends upon whether the staff member is on getaway at any time throughout the four work weeks prior to the general public vacation, and the manner in which the employee is to be paid holiday pay. Please refer to the Vacation chapter for info on the various ways getaway pay can be paid.

Vacation pay payable

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

If the employee is to be paid holiday pay with every pay cheque the amount of trip pay to consist of in the calculation of public vacation pay will be at least four percent of all of the worker’s salaries made during the 4 work week duration. (Note that if a worker earns a greater portion of getaway pay, such as 6 per cent of incomes, then the „trip pay payable” will be based upon that higher percentage.)

If a worker is to receive their vacation pay in a swelling sum on a certain date or dates, getaway pay will be included in the estimation of public vacation pay only if that date or dates falls throughout the relevant four work week period.

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

The 4 weeks before the public holiday is based on the employer’s work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the four work weeks utilized to determine public holiday 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 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 earned by the staff member and the trip pay payable to the worker with respect 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 routinely scheduled work day before the public vacation and her first frequently scheduled day after the holiday. She gets her holiday pay when her trip is taken. She was not on getaway throughout the 4 work weeks leading up to the general public holiday.

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

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

3. Total her overall salaries made and trip 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 trip time is included

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

1. Calculate Brock’s overall routine earnings earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Total his total wages made and holiday payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Example: When a worker works part-time and each pay cheque includes vacation pay

Tegan works three days a week and makes $120 a day. She worked her last regularly arranged work day before the public vacation and her very first frequently arranged day after the holiday. She and her company have agreed in composing that she will get 4 percent holiday pay on each paycheque.

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

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

3. Combine her regular wages made and trip 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 per week. Her pay differs from week to week, according to the time she has actually worked. She and her employer have agreed in composing that she will receive 4 per cent trip pay on each pay cheque.

1. Bertie’s regular incomes made throughout the 4 work weeks before the holiday are $1,500.

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

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

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

Example: When an employee is on a leave

Zoe usually works 5 days a week, making $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 getaway pay. She got maternity and adult gain from the federal Employment Insurance program, but these benefits are ruled out „salaries.”

Zoe is entitled to receive public vacation spend for the general public holidays that fall during her leave as long as she works her last regularly scheduled day before her leave and her very first frequently arranged day after her leave, or has affordable cause for stopping working 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 holiday pay for Canada Day is:

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

– Vacation pay payable: $0 (she was not on vacation during the four work week duration).

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

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

Example: When a worker is on a layoff

Eugene typically works five days a week, earning $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or getaway pay. He received work insurance advantages throughout this time, however these advantages are not thought about „earnings.”

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

However, due to the fact that Eugene did not earn any incomes or vacation pay in the four work weeks before those two public holidays, the amount 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 get superior pay for deal with a public vacation, they need to be paid 1 1/2 times their regular rate of pay for each hour worked.

For example, Nathan’s regular 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 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 a replacement holiday.

A replacement vacation should be set up for a day that is no later on than 3 months after the general public vacation for which it was earned, or, if the employee has concurred digitally or in composing, the substitute day of rest can be arranged as much as 12 months after the public vacation.

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

Entitlements for public vacations

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

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

Most employees can get the general public vacation off and make money public holiday pay. (Some workers might be needed to work on a public vacation. See „Special guidelines for specific markets” later on in this chapter.)

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

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

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

– public vacation spend for the public holiday, if the employee accepts this digitally or in writing (in this case, the worker will not be given a substitute day off).

When a staff member who receives the day off has agreed digitally or in composing to work on a public holiday

Most staff members deserve to get the public holiday off and earn money public vacation pay. However, if a staff member concurs electronically or in composing to work on the public holiday, there are 2 options:

– the employee is entitled to receive regular wages for all hours dealt with the general public vacation, plus a substitute day of rest work with public vacation pay;.
or.

– if the employee concurs digitally or in writing, they are entitled to public holiday spend for the public vacation plus premium pay for all hours dealt with the general public vacation. In this case, the worker will not be offered an alternative 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 employer have agreed electronically or in writing that he will work on the public vacation which, rather of getting a substitute vacation, he will be paid public vacation pay plus premium pay for all the hours he works on the vacation.

John-Duncan frequently works eight hours a day, five days a week. His routine per hour pay rate is $20. He has dealt with all his scheduled work days in the 4 work weeks before the public holiday. He works eight hours on the general public vacation. 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: compute public vacation pay:

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

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

3. Combine his total incomes made and getaway pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: 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 superior pay of $240, for an overall of $400.

When a staff member accepts work on a public vacation but fails to do so

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

However, if the worker has affordable cause for not working the public vacation, then entitlements will depend upon which of the two choices listed below the staff member chose in exchange for consenting to deal with the public holiday:

– if the staff member had actually concurred electronically or in composing to deal with the general public vacation for routine earnings plus an alternative day off with public holiday pay, the staff member is entitled to an alternative day of rest work with public holiday pay;.
or.

– if the employee had actually agreed digitally or in composing to work on the public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday spend for the vacation. The employee is not entitled to get any superior pay because they did not carry out any work on the holiday.

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

If a staff member has concurred digitally or in writing to deal with the general public vacation but works just some of the hours they accepted work, and does not have reasonable cause for failing to work all of the hours, the employee is only entitled to get superior pay for each hour worked on the holiday. The worker has no right to public holiday pay or an alternative day of rest work.

Example: A typical case

Trudi had actually concurred in composing that she would work eight hours on Canada Day however she just worked 4 hours and did not have affordable cause for stopping working to work the other 4 hours. Trudi is entitled just to premium pay for the 4 hours she worked on the holiday. She is not entitled to public vacation pay or to an alternative day of rest work.

However, if the worker has affordable cause for working only some of the hours they consented to deal with the general public holiday, then:

– the employee is entitled to their routine rate for all the hours worked plus an alternative day off work with public vacation pay;.
or.

– if the employee had actually agreed digitally or in writing to deal with the general 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 industries

Special rules use to workers who operate in the list below types of businesses:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– hospitals 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 business or the video games part of a casino if the video games tables are open around the clock).

A staff member who operates in any of these services can be required to deal with a public vacation without their agreement, but only if the holiday falls on a day that the staff member would generally work and the staff member is not on holiday.

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

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

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

The company selects which of these choices will use.

Note that the employer’s ability to need workers to deal with a public vacation goes through the staff member’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the terms of the staff member’s work agreement. Note likewise that specific retail workers who work in constant operations (for example, a 24-hour corner store) deserve to decline to work on a public holiday due to the fact that of the special guidelines that apply to some retail workers. See the „Retail employees” chapter of this guide to learn more.

A worker in the previously noted services who is needed to deal with a public holiday that falls on their common working day however fails to do so, with sensible cause, is entitled to:

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

– public vacation pay for the holiday.

The company picks which alternative will use.

A staff member in any of these services who is needed to work on a public holiday that falls on their ordinary working day however who stops working, with reasonable cause, to work a few of the hours they were needed to deal with the vacation is entitled to either:

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

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

The employer selects which alternative will use.

A staff member in any of these organizations who is required to deal with a public vacation that falls on their normal working day however who stops working, without affordable cause, to work part or all of the public vacation is just entitled to get exceptional spend for each hour dealt with the vacation (if any). The staff member has no right to public holiday pay or a substitute day off work.

Overtime calculations when an employee gets premium pay

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

If work ends

Sometimes an employee’s task concerns an end before the employee can take a replacement vacation with public holiday pay that they have earned. In this case, the company must pay the staff member’s public vacation pay at the same time it pays the worker’s last earnings. This is so regardless of the reason the job came to an end, whether it is due to the fact that the employee gave up, was fired for excellent reason, or for some other factor.