Qualified Employees can Be Full-time

Most staff members who qualify are entitled to take nowadays off work and be paid public vacation pay.

Alternatively, the employee can concur digitally or in writing to work on the vacation and be paid:

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

– be paid their routine wages for employment all hours dealt with the general public holiday and get another alternative holiday for which they need to be paid public vacation pay.

Some workers might be required to work on a public holiday. (See “Special rules for particular markets” later on in this Chapter.) While the majority of workers are eligible for the general public vacation privilege, some staff members 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 unique rules apply, please refer to the Guide to employment standards unique guidelines and exemptions.

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

See “Public holiday pay” later in this chapter.

Regular wages does not include any overtime pay, vacation pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to an employee.

While some companies provide their employees a holiday on Easter Sunday, Easter Monday, the 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 staff members perform more than one sort of work for a company. A few of this work might be covered by the public holiday part of the ESA, while another sort of work may be exempt from public holiday protection.

If an employee performs both sort of work, exempt and covered, they are qualified for the public vacation entitlement with respect to a specific public holiday if a minimum of 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, at least 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 general public holiday entitlement for Canada Day.

Getting approved for employment public vacation privileges

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

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

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

Note: Most staff members who fail to get approved for employment the general public vacation privilege are still entitled to be paid premium pay for every hour they work on the vacation.

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

The “last and very first guideline”

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

For instance, an employee might not be set up to work the day right before or after the vacation. As long as the staff member works all of their last regularly arranged shift before the vacation and all of the first one after it, or has reasonable cause for not working either of those days, they satisfy this certifying criterion.

Reasonable cause

A worker is usually thought about to have “reasonable cause” for missing out on work when something beyond their control avoids the worker from working. Employees are responsible for showing that they had reasonable cause for keeping away from work. If they can do so, they still qualify for employment public vacation entitlements.

How the last and first guideline works

Rosie’s routine work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace closes down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the holiday, or has affordable cause for failing to work either of those days, she qualifies to be spent for the holiday.

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 frequently works Monday to Thursday. Lev has asked his employer for consent to take off the Thursday before the public vacation since he has an individual consultation. His employer concurs. Lev’s last routinely scheduled work day before the vacation is now thought about to be on the Wednesday.

If Lev works his whole Wednesday shift before the vacation and his whole Tuesday shift after the holiday, or has sensible cause for not working either of those days, he certifies for 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 wishes to leave at 3 p.m. on the Thursday before the general public vacation. The company concurs. Doris’s regularly arranged shift on the Thursday before the general public holiday 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 stopping working to do so, she is entitled to the paid public holiday.

Example: When a staff member is on vacation

Canada Day falls on July 1. George is on holiday from June 25 to July 9. If George works all of his last routinely set up shift before his getaway and first regularly arranged shift after his holiday – on June 24 and July 10 – or has sensible cause for failing to do so, he will qualify for the paid public vacation.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last routinely arranged day of work before her leave, and her very first frequently scheduled day of work after her leave, or has sensible cause for failing to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

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

Public holiday pay

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

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

The amount of trip pay payable to consist of in the computation of public holiday pay depends upon whether the worker is on getaway at any time during the 4 work weeks prior to the general public holiday, and the manner in which the employee is to be paid vacation pay. Please describe the Vacation chapter for info on the different ways vacation pay can be paid.

Vacation pay payable

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

If the staff member is to be paid holiday pay with every pay cheque the quantity of vacation pay to include in the computation of public holiday pay will be at least four per cent of all of the staff member’s earnings earned during the 4 work week duration. (Note that if a staff member earns a higher portion of trip pay, such as 6 percent of wages, then the “trip pay payable” will be based upon that higher percentage.)

If a worker is to get their getaway pay in a swelling sum on a certain date or dates, getaway pay will be included in the estimation of public holiday pay just if that date or dates falls throughout the relevant 4 work week duration.

Calculating the 4 work week duration 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 necessarily 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 4 work weeks utilized to determine public holiday pay are those 4 weeks counting backwards from the first Wednesday (the last day of the employer’s work week) before the work week in which the general public holiday falls.

– Week 1: Thursday, November 22 – Wednesday, November 28

– Week 2: Thursday, November 29 – Wednesday, December 5

– Week 3: Thursday, December 6 – Wednesday, December 12

– Week 4: Thursday, December 13 – Wednesday, employment December 19

Public holiday: Tuesday, December 25

In this example, the regular wages earned by the staff member and the trip pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are utilized in the estimation of public vacation pay.

Calculating public holiday pay

Iryna works five days a week and makes $120 a day. She worked her last regularly set up work day before the public vacation and her very first frequently set up day after the holiday. She receives her vacation pay when her trip is taken. She was not on getaway during the 4 work weeks leading up to the public holiday.

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

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

3. Total her total earnings earned and getaway 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 vacation time is involved

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

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

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

3. Total his overall incomes earned 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 staff member works part-time and each pay cheque consists of holiday pay

Tegan works three days a week and earns $120 a day. She worked her last frequently scheduled work day before the general public holiday and her first regularly set up day after the vacation. She and her company have actually agreed in composing that she will receive 4 percent trip pay on each paycheque.

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

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

3. Total her regular wages earned and getaway 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 getaway pay

Bertie does not work a set variety of hours per day or days per week. Her pay varies from week to week, according to the time she has worked. She and her company have actually agreed in composing that she will get 4 percent getaway pay on each pay cheque.

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

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

3. Combine her regular incomes earned and vacation 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 generally works five days a week, making $120 a day. She receives holiday 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 earnings or vacation pay. She got maternity and parental gain from the federal Employment Insurance program, however these benefits are not thought about “wages.”

Zoe is entitled to get public holiday spend for the general public holidays that fall during her leave as long as she works her last regularly arranged day before her leave and her very first routinely scheduled day after her leave, or has affordable cause for failing to do so.

Zoe went on leave on June 10 and just worked seven days throughout the four work weeks before the Canada Day public holiday. 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 getaway throughout the four work week period).

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

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

Example: When an employee 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 salaries or trip pay. He received employment insurance coverage advantages during this time, but these advantages are not considered “wages.”

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

However, because Eugene did not earn any incomes or holiday pay in the four work weeks before those 2 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 a staff member is entitled to get superior spend 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 regular 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 holiday

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

A replacement vacation need to be set up for a day that is no later on than three months after the general public holiday for which it was made, or, if the employee has concurred electronically or in composing, the alternative day off can be arranged approximately 12 months after the public holiday.

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

Entitlements for public holidays

Entitlements for public holidays vary 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 vacation. The various entitlements are set out below.

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

Most staff members have the right to get the public holiday off and get paid public holiday pay. (Some employees might be needed to deal with a public vacation. See “Special guidelines for certain industries” later in this chapter.)

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

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

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

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

When a worker who certifies for the day of rest has actually agreed electronically or in composing to deal with a public vacation

Most workers can get the public vacation off and earn money public vacation pay. However, if a staff member agrees electronically or in composing to deal with the general public vacation, there are 2 options:

– the worker is entitled to receive routine salaries for all hours dealt with the public vacation, plus a substitute day of rest work with public holiday pay;.
or.

– if the staff member agrees electronically or in writing, they are entitled to public holiday pay for the public vacation plus premium spend for all hours dealt with the public vacation. In this case, the employee 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 regular working days. He and his employer have actually concurred electronically or in composing that he will work on the general public vacation which, rather of getting an alternative vacation, he will be paid public holiday pay plus premium pay for employment all the hours he works on the holiday.

John-Duncan regularly works eight hours a day, five days a week. His regular per hour is $20. He has worked on all his scheduled work days in the 4 work weeks before the public holiday. He works eight hours on the public vacation. He gets his vacation pay when his vacation is taken. He was not on vacation throughout the four work weeks leading up to the public vacation

Step 1: determine public vacation pay:

1. Calculate John-Duncan’s total routine wages earned in the four work weeks before the general public holiday:
8 hours each day 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 four work weeks before the general public holiday.

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

3. Total his overall earnings made and trip 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 premium pay

Finally, the premium pay owing to John-Duncan for his deal with the general public holiday is calculated:.
$ 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 exceptional pay of $240, for a total of $400.

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

If an employee has concurred digitally or in writing to work on the general public holiday however does refrain from doing so – and does not have sensible cause for not having done so – the employee has no right to public vacation pay or to a substitute day off with pay.

However, if the worker has affordable cause for not working the general public vacation, then privileges will depend on which of the two alternatives below the worker picked in exchange for agreeing to work on the public holiday:

– if the employee had concurred electronically or in writing to work on the general public holiday for routine earnings plus an alternative day off with public vacation 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 holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the holiday. The employee is not entitled to receive any premium pay because they did not carry out any deal with the vacation.

When a worker works just a few of the hours they agreed to work on a public holiday

If a staff member has concurred digitally or in composing to work on the general public vacation but works only a few of the hours they consented to work, and does not have affordable cause for stopping working to work all of the hours, the staff member is just entitled to receive superior spend for each hour dealt with the vacation. The employee has no right to public vacation pay or a substitute day of rest work.

Example: A normal case

Trudi had actually agreed in writing that she would work eight hours on Canada Day however she only worked four hours and did not have reasonable cause for stopping working to work the other 4 hours. Trudi is entitled just to premium pay for the four hours she worked on the holiday. She is not entitled to public vacation pay or to a substitute day of rest work.

However, if the employee has affordable cause for working only some of the hours they accepted work on the general public holiday, then:

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

– if the worker had agreed digitally or in writing to deal with the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour dealt with the holiday.

Special guidelines for particular markets

Special rules use to employees who operate in the list below types of companies:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– healthcare facilities and retirement home;.

– constant operations (which are operations, or parts of operations, that do not stop or close more than when a week – such as an oil refinery, alarm-monitoring business or the games part of a gambling establishment if the video games tables are open all the time).

A staff member who operates in any of these services can be needed to work on a public holiday without their agreement, but just if the vacation falls on a day that the worker would normally work and the employee is not on vacation.

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

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

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

The employer selects which of these alternatives will use.

Note that the company’s capability to require employees to deal with a public vacation is subject to the employee’s right to take a day off for purposes of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note also that specific retail employees who work in continuous operations (for instance, a 24-hour convenience shop) deserve to refuse to work on a public holiday since of the unique rules that use to some retail workers. See the “Retail employees” chapter of this guide for more information.

A staff member in the previously noted services who is required to deal with a public holiday that falls on their regular working day but fails to do so, with affordable cause, is entitled to:

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

– public holiday pay for the vacation.

The company picks which choice will use.

A staff member in any of these companies who is needed to work on a public holiday that falls on their ordinary working day but who stops working, with sensible 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 worked on the vacation plus an alternative vacation with public holiday pay;.
or.

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

The company picks which alternative will apply.

A staff member in any of these organizations who is needed to deal with a public vacation that falls on their regular working day however who fails, without sensible cause, to work part or all of the general public holiday is only entitled to get premium spend for each hour worked on the holiday (if any). The worker has no right to public holiday pay or an alternative day of rest work.

Overtime calculations when an employee receives exceptional pay

Any hours dealt with a public vacation that are compensated with superior pay are not consisted of when determining whether a staff member has worked any overtime hours.

If employment ends

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