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 staff member can concur digitally or in composing to deal with the vacation and be paid:

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

– be paid their routine wages for all hours dealt with the public holiday and get another replacement holiday for which they must be paid public vacation pay.

Some staff members may be required to deal with a public holiday. (See “Special rules for particular industries” later on in this Chapter.) While a lot of staff members are qualified for the general public vacation privilege, some staff members operate in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if special guidelines 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 vacations and other employment standards entitlements.

See “Public holiday pay” later in this chapter.

Regular earnings does not consist of any overtime pay, trip pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to a staff member.

While some employers give their workers a vacation on Easter Sunday, job 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 carry out more than one kind of work for a company. A few of this work might be covered by the public vacation part of the ESA, while another type of work might be exempt from public vacation coverage.

If a staff member performs both sort of work, exempt and covered, they are qualified for the general public holiday entitlement with regard to a particular public vacation if a minimum of half of the work carried out in the work week of the general 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 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 vacation part of the ESA, he is qualified for the public vacation entitlement for Canada Day.

Receiving public holiday privileges

Generally, the general public holiday privilege unless they:

– stop working without sensible cause to work all of their last frequently arranged day of work before the public vacation or all of their very first frequently 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 whole shift on the public vacation if they agreed to or were required to work that day.

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

Qualified employees can be full-time, part time, irreversible or on term contract. It does not matter how recently they were worked with, or the number of days they worked before the public holiday.

The “last and first guideline”

The “last routinely arranged day of work before the public holiday” and the “very first routinely scheduled day of work after the general public vacation” do not have to be the days right previously and right after the holiday.

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

Reasonable cause

An employee is normally thought about to have “affordable cause” for missing out on work when something beyond their control prevents the employee from working. Employees are accountable for revealing that they had affordable cause for keeping away from work. If they can do so, they still receive public holiday privileges.

How the last and first guideline works

Rosie’s routine work week ranges from Monday to Thursday. A public vacation 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 vacation, or has sensible cause for failing to work either of those days, she qualifies to be spent for the vacation.

Example: When a worker takes a day of rest

A public holiday falls on a Monday, and Lev’s workplace closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his company for approval to remove the Thursday before the public vacation because he has a personal visit. His employer concurs. 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 affordable cause for not working either of those days, he receives the paid public holiday.

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the holiday. Doris normally 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 general public holiday. The employer agrees. Doris’s routinely arranged 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 sensible cause for failing to do so, she is entitled to the paid public vacation.

Example: When a worker is on trip

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 vacation and first routinely arranged shift after his trip – on June 24 and July 10 – or has reasonable cause for stopping working 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 takes place. If Lydia works her last frequently set up day of work before her leave, and her very first regularly scheduled day of work after her leave, or has reasonable cause for stopping working 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 office 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 that day. She receives no pay for the holiday.

Public vacation pay

The amount of public holiday pay to which a staff member is entitled is all of the routine wages earned by the employee in the four work weeks before the work week with the general public holiday plus all of the trip pay payable to the staff member with regard to the 4 work weeks before the work week with the general public holiday, divided by 20.

When to consist of holiday pay in the calculation of public holiday pay

The quantity of holiday pay payable to consist of in the computation of public holiday pay depends upon whether the staff member is on getaway at any time during the four work weeks prior to the public vacation, and the way in which the employee is to be paid holiday pay. Please describe the Vacation chapter for details on the different ways getaway pay can be paid.

Vacation pay payable

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

If the employee is to be paid trip pay with every pay cheque the amount of getaway pay to include in the estimation of public vacation pay will be at least 4 per cent of all of the staff member’s incomes made during the four work week period. (Note that if a staff member makes a higher portion of vacation pay, such as 6 per cent of wages, then the “holiday pay payable” will be based upon that higher percentage.)

If an employee is to receive their holiday pay in a swelling amount on a specific date or dates, getaway pay will be consisted of in the computation of public holiday pay only if that date or dates falls during the appropriate 4 work week period.

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

The 4 weeks before the 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 ranges from Thursday to Wednesday. In this case, the four work weeks utilized to compute public holiday pay are those four weeks counting backwards from the very first Wednesday (the last day of the employer’s work week) before the work week in which the public vacation 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 routine earnings earned by the employee and the holiday pay payable to the staff member 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 5 days a week and earns $120 a day. She worked her last regularly arranged work day before the public vacation and her very first frequently set up day after the holiday. She receives her holiday pay when her getaway is taken. She was not on holiday during the four work weeks leading up to the general public vacation.

1. Calculate Iryna’s total regular wages made:
$ 120 daily X 5 days = $600 weekly
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of regular incomes 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:.
Iryna gets her getaway pay when she takes her vacation. Because she was not on vacation during the 4 work week period, the amount of trip pay payable with respect to the 4 work weeks before the general public vacation = $0.

3. Total her overall wages earned and vacation pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public vacation pay.

Example: job When getaway time is included

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

1. Calculate Brock’s total regular wages made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Total his total wages 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 consists of trip pay

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

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

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

3. Combine her regular wages earned 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 getaway pay

Bertie does not work a set number of hours per day 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 agreed in composing that she will get 4 percent holiday pay on each pay cheque.

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

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

3. Combine her regular incomes made and holiday 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 a worker is on a leave

Zoe usually works 5 days a week, making $120 a day. She receives vacation pay before she goes on vacation. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave.

During her leaves, she was not paid salaries or vacation pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these benefits are ruled out “incomes.”

Zoe is entitled to receive public vacation spend for the general public vacations that fall throughout her leave as long as she works her last regularly scheduled day before her leave and her first routinely scheduled day after her leave, or has reasonable cause for stopping working to do so.

Zoe went on leave on June 10 and only worked seven days during the 4 work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is:

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

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

– Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public vacation 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 wages or trip pay on any of the days throughout the four work weeks before each of those vacations.

Example: When a worker is on a layoff

Eugene generally works 5 days a week, earning $100 a day. He was placed on short-term layoff on November 15. During his layoff, Eugene was not paid wages or holiday pay. He got employment insurance benefits throughout this time, however these benefits are ruled out “salaries.”

Eugene was recalled to work on December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last regularly arranged day before the layoff and his 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 4 work weeks before those two public vacations, the quantity of public holiday 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 premium pay for job work on a public vacation, they need to be paid 1 1/2 times their routine rate of pay for each hour worked.

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

Substitute vacation

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

A substitute vacation need to be scheduled for a day that is no later than 3 months after the general public vacation for which it was earned, or, if the worker has concurred electronically or in writing, the alternative day off can be scheduled approximately 12 months after the public holiday.

If an employee gets a replacement vacation, the company must supply the employee with a composed statement that sets out the general public vacation that is being replaced, the date of the replacement holiday, and the date that the declaration was offered to the staff member. This statement should be provided to the employee before the general public vacation.

Entitlements for public vacations

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

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

Most employees deserve to get the public holiday off and get paid public holiday pay. (Some workers might be required to work on a public holiday. See “Special guidelines for specific markets” later in this chapter.)

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

When a public holiday falls on a day that is not generally a working day for an employee, or throughout the employee’s trip, the worker is entitled to either:

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

– public holiday pay for the general public vacation, if the worker concurs to this digitally or in writing (in this case, the staff member will not be given an alternative day of rest).

When a worker who gets approved for the day off has actually concurred electronically or in composing to deal with a public vacation

Most staff members deserve to get the general public vacation off and earn money public vacation pay. However, if a staff member concurs electronically or in composing to deal with the general public holiday, there are two choices:

– the staff member is entitled to get routine wages for all hours worked on the public vacation, plus a substitute day off deal with public holiday pay;.
or.

– if the worker agrees digitally or in composing, they are entitled to public vacation 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 provided an alternative day off.

Example: Calculating public holiday pay plus premium pay

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

John-Duncan frequently works eight hours a day, 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 general public vacation. He works eight hours on the public vacation. He receives his holiday pay when his vacation is taken. He was not on vacation throughout the 4 work weeks leading up to the public vacation

Step 1: compute public vacation pay:

1. Calculate John-Duncan’s total routine salaries made in the 4 work weeks before the public holiday:
8 hours daily X $20 per hour = $160 each day
$ 160 daily 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 amount of holiday pay payable with respect to the four work week duration:.
John-Duncan receives his vacation pay when he takes his holiday. Because he was not on holiday during the four work week duration, the amount of vacation pay payable with regard to the four work weeks before the public vacation = $0.

3. Combine his total earnings made and trip 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: determine superior 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 premium pay of $240, for an overall of $400.

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

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

However, if the worker has reasonable cause for not working the general public vacation, then privileges will depend upon which of the 2 alternatives listed below the worker picked in exchange for consenting to deal with the public holiday:

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

– if the employee had actually agreed electronically or in composing to work on the general public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the holiday. The employee is not entitled to receive any premium pay due to the fact that they did not carry out any work on the vacation.

When an employee works just a few of the hours they accepted work on a public holiday

If an employee has actually agreed electronically or in composing to work on the general public vacation however works just a few of the hours they consented to work, and does not have sensible cause for failing to work all of the hours, the worker is just entitled to get exceptional spend for each hour worked on the vacation. The staff member has no right to public holiday pay or an alternative day of rest work.

Example: A typical case

Trudi had agreed in composing 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 four hours. Trudi is entitled only to premium spend for the 4 hours she dealt with the vacation. 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 just a few of the hours they consented to work on 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 holiday pay;.
or.

– if the employee had actually agreed digitally or in composing to work on the general public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour dealt with the vacation.

Special guidelines for particular industries

Special guidelines use to staff members who operate in the following kinds of businesses:

– hotels, motels and tourist resorts;.

– restaurants and taverns;.

– health centers and retirement home;.

– continuous 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 gambling establishment if the games tables are open all the time).

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

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

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

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

The company selects which of these alternatives will use.

Note that the company’s capability to require staff members to deal with a public holiday is subject to the staff member’s right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the worker’s employment agreement. Note also that specific retail employees who operate in continuous operations (for example, a 24-hour convenience shop) have the right to decline to work on a public holiday because of the special guidelines that use to some retail workers. See the “Retail employees” chapter of this guide to find out more.

A worker in the previously noted companies who is required to work on a public vacation that falls on their common working day however fails to do so, with affordable cause, is entitled to:

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

– public holiday pay for the vacation.

The company chooses which alternative will apply.

A worker in any of these companies who is needed to work on a public holiday that falls on their normal 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 dealt with the vacation plus a replacement holiday with public holiday pay;.
or.

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

The employer chooses which choice will use.

A worker in any of these services who is required to work on a public vacation that falls on their regular working day however who fails, without reasonable cause, to work part or all of the general public holiday is just entitled to receive exceptional spend for each hour dealt with the vacation (if any). The worker has no right to public vacation pay or an alternative day off work.

Overtime calculations when an employee gets superior pay

Any hours dealt with a public holiday that are compensated with superior pay are not included when identifying whether a staff member has worked any overtime hours.

If work ends

Sometimes a worker’s job comes to an end before the staff member can take a substitute holiday with public vacation pay that they have actually made. In this case, the company must pay the worker’s public holiday pay at the very same time it pays the employee’s last incomes. This is so no matter the reason the task came to an end, whether it is due to the fact that the employee quit, was fired for great reason, or for some other factor.