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 staff member can concur electronically or in composing to deal with the holiday and be paid:

– public holiday pay plus premium spend for all hours worked on the public holiday and not get another day of rest (called a “alternative” holiday);.
or.

– be paid their routine incomes for all hours worked on the general public vacation and get another replacement vacation for which they should be paid public holiday pay.

Some staff members may be needed to work on a public holiday. (See “Special guidelines for particular markets” later on in this Chapter.) While most employees are qualified for the public holiday entitlement, some workers work in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To determine whether a task is covered, or if special rules apply, please describe the Guide to employment standards unique guidelines and exemptions.

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

See “Public holiday pay” later in this chapter.

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

While some employers provide their workers a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

Some employees carry out more than one type of work for a company. A few of this work may be covered by the public holiday part of the ESA, while another sort of work may be exempt from public vacation protection.

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

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

Receiving public holiday privileges

Generally, employees get approved for the general public holiday privilege unless they:

– stop working without reasonable cause to work all of their last frequently scheduled day of work before the public holiday or all of their very first frequently 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 vacation if they accepted or were needed to work that day.

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

Qualified employees can be full-time, part time, irreversible 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 routinely set up day of work before the public vacation” and the “very first regularly set up day of work after the general public holiday” do not need to be the days right before and right after the holiday.

For instance, an employee might not be scheduled to work the day right before or after the vacation. 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, or has affordable cause for not working either of those days, they meet this certifying requirement.

Reasonable cause

An employee is typically thought about to have “sensible cause” for missing work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had affordable cause for keeping away from work. If they can do so, they still get approved for public holiday 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 office closes down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the vacation, or has affordable cause for stopping working to work either of those days, 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 frequently works Monday to Thursday. Lev has actually asked his employer for permission to take off the Thursday before the public holiday due to the fact that he has a personal appointment. His company concurs. Lev’s last routinely arranged work day before the vacation is now considered 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 gets approved for the paid public vacation.

Example: When an employee leaves early

A public vacation falls on a Friday, and employment Doris’s work environment 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 public holiday. The employer agrees. Doris’s frequently arranged shift on the Thursday before the general 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 reasonable cause for failing to do so, she is entitled to the paid public holiday.

Example: When a worker is on holiday

Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last frequently scheduled shift before his trip and first regularly arranged shift after his getaway – on June 24 and July 10 – or has reasonable cause for employment stopping working to do so, he will certify for the paid public holiday.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last frequently scheduled day of work before her leave, and her very first frequently 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 affordable cause

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

Public holiday pay

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

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

The amount of holiday pay payable to include in the estimation of public vacation pay depends upon whether the employee is on holiday 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 trip pay. Please refer to the Vacation chapter for details on the various methods vacation pay can be paid.

Vacation pay payable

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

If the staff member is to be paid vacation pay with every pay cheque the quantity of trip pay to consist of in the calculation of public holiday pay will be at least four per cent of all of the employee’s earnings earned throughout the 4 work week period. (Note that if a worker earns a higher portion of holiday pay, such as 6 per cent of earnings, then the “trip pay payable” will be based on that higher percentage.)

If a worker is to get their holiday pay in a swelling amount on a certain date or dates, vacation pay will be included in the computation of public holiday pay just if that date or dates falls during the appropriate 4 work week period.

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

The four weeks before the general public holiday 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 four work weeks utilized to determine public holiday pay are those four 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 vacation: Tuesday, December 25

In this example, the regular wages made by the worker and the holiday pay payable to the worker with regard to the 4 work weeks from November 22 to December 19 are used in the calculation of public holiday pay.

Calculating public vacation pay

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

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

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

3. Combine her overall wages earned 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 holiday pay.

Example: When holiday time is included

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

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

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

3. Combine his total earnings made and trip 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 staff member works part-time and each pay cheque includes getaway pay

Tegan works three days a week and earns $120 a day. She worked her last routinely scheduled work day before the general public holiday and her first frequently scheduled day after the holiday. She and her employer have concurred in writing that she will receive four percent holiday pay on each paycheque.

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

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

3. Total her routine salaries earned and holiday 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 consists of vacation pay

Bertie does not work a set variety of hours daily or days per 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 get four per cent holiday pay on each pay cheque.

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

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

3. Combine her regular salaries 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 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 wages or vacation pay. She received maternity and adult gain from the federal Employment Insurance program, but these benefits are not thought about “incomes.”

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

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

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

– Vacation pay payable: $0 (she was not on vacation throughout the 4 work week period).

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

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

Example: When a worker is on a layoff

Eugene usually works five days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid salaries or holiday pay. He got work insurance benefits during this time, however these advantages are not considered “salaries.”

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 routinely set up day before the layoff and his very first regularly arranged day after the layoff, or has reasonable cause for to do so.

However, because Eugene did not earn any earnings or holiday pay in the four work weeks before those 2 public vacations, 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 routine rate of pay. If an employee is entitled to get exceptional pay for work on a public holiday, they need to be paid 1 1/2 times their routine rate of spend 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 holiday

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

An alternative vacation need to be set up for a day that is no behind three months after the general public holiday for which it was earned, or, if the employee has agreed digitally or in composing, the substitute day off can be scheduled as much as 12 months after the public vacation.

If a staff member gets a substitute holiday, the employer should offer the employee with a written declaration that sets out the general public holiday that is being replaced, the date of the alternative vacation, and the date that the declaration was offered to the staff member. This declaration needs to be supplied to the staff member before the general public vacation.

Entitlements for public holidays

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

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

Most workers have the right to get the general public vacation off and get paid public vacation pay. (Some workers might be needed to work on a public holiday. See “Special guidelines for particular industries” later on in this chapter.)

When a public vacation falls on a staff member’s non-working day or during a staff member’s vacation

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

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

– public holiday pay for the public holiday, if the staff member consents to this electronically or in writing (in this case, the worker will not be given an alternative day off).

When a worker who gets approved for the day of rest has agreed digitally or in composing to work on a public vacation

Most staff members have the right to get the public holiday off and get paid public vacation pay. However, if a staff member concurs digitally or in writing to work on the general public vacation, there are two choices:

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

– if the worker concurs digitally or in composing, they are entitled to public vacation pay for the general public vacation plus premium pay for all hours dealt with the public vacation. 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 typical working days. He and his employer have agreed electronically or in composing that he will deal with the public holiday and that, rather of getting a replacement holiday, 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, employment five days a week. His regular hourly pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public vacation. He works 8 hours on the general public holiday. He receives his vacation pay when his holiday is taken. He was not on holiday during the four work weeks leading up to the general public holiday

Step 1: calculate public vacation pay:

1. Calculate John-Duncan’s total 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 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the general public holiday.

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

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

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

Step 2: calculate premium pay

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

When an employee consents to deal with a public holiday but fails to do so

If a staff member has actually concurred digitally or in writing to deal with the public holiday but does refrain from doing so – and does not have reasonable cause for not having done so – the worker has no right to public holiday pay or to a substitute day of rest with pay.

However, if the employee has sensible cause for not working the general public vacation, then entitlements will depend upon which of the 2 alternatives below the staff member chose in exchange for consenting to deal with the public holiday:

– if the staff member had agreed digitally or in writing to deal with the general public vacation for routine incomes plus a substitute day of rest with public vacation pay, the employee is entitled to an alternative day off deal with public vacation pay;.
or.

– if the staff member had concurred digitally or in composing to deal with the general public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay for the vacation. The staff member is not entitled to receive any premium pay due to the fact that they did not perform any work on the vacation.

When an employee works only a few of the hours they agreed to work on a public vacation

If an employee has concurred digitally or in composing to deal with the public vacation however works only a few of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the employee is just entitled to get exceptional pay for each hour dealt with the vacation. The employee has no right to public holiday pay or an alternative day off work.

Example: A common case

Trudi had agreed in writing that she would work 8 hours on Canada Day however she only worked 4 hours and did not have sensible cause for failing to work the other 4 hours. Trudi is entitled just to premium pay for the four hours she dealt with the holiday. She is not entitled to public holiday pay or to an alternative day of rest work.

However, if the worker has reasonable cause for working just a few of the hours they agreed to deal with the public vacation, then:

– the staff member is entitled to their regular rate for all the hours worked plus an alternative day off deal with public holiday pay;.
or.

– if the worker had actually concurred digitally or in composing 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 dealt with the holiday.

Special guidelines for specific markets

Special guidelines use to staff members who work in the list below kinds of services:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– hospitals and assisted living home;.

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

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

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

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

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

The company chooses which of these options will use.

Note that the company’s ability to require employees to deal with a public vacation is subject to the worker’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the worker’s employment agreement. Note likewise that particular retail employees who work in continuous operations (for example, a 24-hour corner store) have the right to decline to work on a public holiday because of the unique guidelines that use to some retail employees. See the “Retail employees” chapter of this guide to learn more.

An employee in the previously noted organizations who is required to deal with a public vacation that falls on their common working day but stops working to do so, with affordable cause, is entitled to:

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

– public vacation spend for the vacation.

The company selects which choice will apply.

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

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

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

The employer chooses which choice will apply.

An employee in any of these services who is required to work on a public vacation that falls on their regular working day but who stops working, without sensible cause, to work part or all of the public vacation is just entitled to receive exceptional pay for each hour worked on the vacation (if any). The worker has no right to public vacation pay or an alternative day off work.

Overtime estimations when a worker receives premium pay

Any hours worked on a public holiday that are compensated with superior pay are not included when figuring out whether a staff member has actually worked any overtime hours.

If employment ends

Sometimes an employee’s task pertains to an end before the staff member can take a replacement vacation with public vacation pay that they have made. In this case, the employer should pay the worker’s public holiday pay at the exact same time it pays the worker’s final wages. This is so regardless of the reason the task concerned an end, whether it is due to the fact that the worker quit, was fired for great factor, or for some other factor.