Qualified Employees can Be Full Time

Most workers who certify are entitled to take these days off work and be paid public holiday pay.

Alternatively, the staff member can agree electronically or in writing to deal with the vacation and be paid:

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

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

Some employees may be required to work on a public holiday. (See “Special guidelines for particular industries” later on in this Chapter.) While many employees are eligible for the general public holiday entitlement, some employees work in tasks that are not covered by the public holiday of the Employment Standards Act (ESA). To identify whether a job is covered, or if special rules use, please describe the Guide to work requirements special rules and employment exemptions.

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

See “Public vacation pay” later in this chapter.

Regular incomes does not include any overtime pay, holiday pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to an employee.

While some employers give their workers a vacation on Easter Sunday, 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 type of work for a company. Some of this work may be covered by the public vacation part of the ESA, while another type of work might be exempt from public holiday coverage.

If a worker carries out both sort of work, exempt and covered, they are qualified for the public holiday privilege with respect to a specific public holiday if a minimum of 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 holiday coverage) and a dispatcher (work that is covered by the public vacation 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 vacation part of the ESA, he is qualified for the public holiday privilege for Canada Day.

Getting approved for public holiday privileges

Generally, staff members qualify for the public holiday entitlement unless they:

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

– stop working without affordable cause to work their entire shift on the general public vacation if they accepted or were required to work that day.

Note: Most staff members who stop working to get approved for the public vacation entitlement are still entitled to be paid premium spend for every hour they deal with the holiday.

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

The “last and very first rule”

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

For example, a worker might not be scheduled to work the day right before or after the vacation. As long as the worker works all of their last regularly set up shift before the holiday and all of the first one after it, or has reasonable cause for not working either of those days, they satisfy this qualifying requirement.

Reasonable cause

A staff member is normally thought about to have “affordable cause” for missing work when something beyond their control avoids the worker from working. Employees are accountable for revealing 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 first guideline works

Rosie’s regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s work environment closes down for that day. If Rosie works the whole shift on the Thursday before the holiday and the Tuesday after the vacation, or has sensible cause for failing to work either of those days, she qualifies to be paid for the vacation.

Example: When a worker takes a day off

A public holiday falls on a Monday, and Lev’s office closes down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his company for permission to remove the Thursday before the general public vacation since he has an individual appointment. His employer agrees. Lev’s last routinely arranged work day before the vacation is now thought about to be on the Wednesday.

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

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for employment the vacation. Doris typically 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 company concurs. Doris’s frequently scheduled 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 sensible cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a worker is on vacation

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly arranged shift before his getaway and very first routinely scheduled shift after his vacation – on June 24 and July 10 – or has sensible cause for stopping working 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 holiday takes place. If Lydia works her last frequently scheduled day of work before her leave, and her first regularly 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 holiday.

Example: When there is no affordable 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 sensible cause for missing that day. She gets no pay for the holiday.

Public holiday pay

The amount of public vacation pay to which a worker is entitled is all of the routine incomes earned by the staff member in the 4 work weeks before the work week with the general public vacation plus all of the getaway pay payable to the worker with regard to the 4 work weeks before the work week with the public vacation, divided by 20.

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

The quantity of vacation pay payable to include in the estimation of public vacation pay depends upon whether the worker is on vacation at any time throughout the four work weeks prior to the public vacation, and the way in which the employee is to be paid holiday pay. Please refer to the Vacation chapter for information on the various ways trip 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 duration in which the vacation falls, getaway pay will be consisted of in the estimation of public vacation pay if the employee was on trip during that four work week duration. If the staff member was not on holiday during that period, no holiday pay will be consisted of in the computation.

If the employee is to be paid getaway pay with every pay cheque the quantity of vacation pay to include in the computation of public vacation pay will be at least four percent of all of the employee’s incomes earned throughout the 4 work week period. (Note that if a worker earns a greater percentage of getaway pay, such as six percent of incomes, then the “trip pay payable” will be based on that greater percentage.)

If an employee is to receive their holiday pay in a swelling sum on a specific date or dates, vacation pay will be included in the estimation of public holiday pay just if that date or dates falls throughout the pertinent 4 work week period.

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

The four weeks before the general public vacation 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 4 work weeks used to compute public holiday pay are those four weeks counting in reverse from the first Wednesday (the last day of the company’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, December 19

Public holiday: Tuesday, December 25

In this example, the routine earnings made by the worker and the vacation pay payable to the staff member with regard to the 4 work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

Calculating public vacation pay

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

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

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

3. Add together her overall incomes earned and holiday pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When getaway time is included

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

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

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

3. Combine his overall salaries made and vacation payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Example: When an employee works part-time and each pay cheque consists of trip pay

Tegan works 3 days a week and makes $120 a day. She worked her last regularly scheduled work day before the public holiday and her very first regularly arranged day after the vacation. She and her company have actually agreed in composing that she will get 4 percent getaway pay on each paycheque.

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

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

3. Total her routine salaries made 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 includes vacation pay

Bertie does not work a set number of hours daily or days per week. Her pay varies from week to week, according to the time she has worked. She and her employer have concurred in composing that she will get four percent holiday pay on each pay cheque.

1. Bertie’s regular incomes earned during the 4 work weeks before the vacation are $1,500.

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

3. Combine her routine incomes earned and trip 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 five days a week, earning $120 a day. She receives holiday pay before she goes on holiday. 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 received maternity and parental take advantage of the federal Employment Insurance program, but these benefits are not thought about “incomes.”

Zoe is entitled to receive public vacation pay for the general public vacations that fall during her leave as long as she works her last regularly set up day before her leave and her first regularly set up day after her leave, or employment has affordable cause for failing to do so.

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

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

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

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

Her public holiday pay for the rest of the public vacations that fall throughout her leave will be $0. This is due to the fact that she will not have earned any salaries or vacation pay on any of the days throughout the four work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene normally works five days a week, making $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid wages or trip pay. He got work insurance coverage advantages during this time, but these advantages are ruled out “earnings.”

Eugene was remembered to work on December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last routinely set up day before the layoff and his very first routinely set up day after the layoff, or has affordable cause for stopping working to do so.

However, due to the fact that Eugene did not make any incomes or trip pay in the four work weeks before those two 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 a worker is entitled to receive superior pay for deal with a public holiday, they need to be paid 1 1/2 times their regular rate of pay for each hour worked.

For instance, 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 off work that is designated to replace a public holiday. Employees are entitled to be paid public vacation spend for an alternative vacation.

A replacement holiday need to be scheduled for a day that is no behind 3 months after the general public vacation for which it was made, or, if the worker has agreed electronically or in composing, the substitute day of rest can be arranged up to 12 months after the general public holiday.

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

Entitlements for public vacations

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

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

Most staff members have the right to get the public vacation off and make money public vacation pay. (Some employees may be needed to work on a public holiday. See “Special guidelines for particular industries” later in this chapter.)

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

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

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

– public holiday spend for the general public holiday, if the worker concurs to this digitally or in writing (in this case, the employee will not be offered a substitute day of rest).

When a staff member who certifies for the day of rest has actually agreed electronically or in composing to work on a public vacation

Most staff members have the right to get the public vacation off and earn money public holiday pay. However, if a staff member agrees digitally or in writing to deal with the public holiday, there are two choices:

– the worker is entitled to receive regular incomes for all hours dealt with the general public vacation, plus a substitute day off deal with public holiday pay;.
or.

– if the staff member agrees electronically or in writing, they are entitled to public holiday pay for the general public vacation plus premium spend for all hours worked on the general public holiday. In this case, employment the staff member will not be given an alternative day of rest.

Example: Calculating public vacation pay plus premium pay

A public vacation falls on one of John-Duncan’s regular working days. He and his company have concurred electronically or in composing that he will deal with the general public holiday and that, rather of getting a substitute holiday, he will be paid public holiday pay plus premium spend for all the hours he works on the vacation.

John-Duncan routinely works 8 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 holiday. He works 8 hours on the public holiday. He gets his trip pay when his getaway is taken. He was not on holiday throughout the four work weeks leading up to the public vacation

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s overall regular wages earned in the 4 work weeks before the general public vacation:
8 hours daily X $20 per hour = $160 per day
$ 160 daily 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 getaway pay payable with respect to the four work week period:.
John-Duncan gets his trip pay when he takes his trip. Because he was not on getaway throughout the 4 work week period, the amount of holiday pay payable with respect to the 4 work weeks before the general public holiday = $0.

3. Combine his overall earnings earned 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: calculate superior pay

Finally, the premium pay owing to John-Duncan for his work on the 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 an overall of $400.

When a staff member accepts deal with a public vacation however stops working to do so

If an employee has agreed electronically or in composing to deal with the general public holiday but does not do so – and does not have sensible cause for not having done so – the employee has no right to public holiday pay or employment to an alternative day of rest with pay.

However, if the staff member has sensible cause for not working the public holiday, then privileges will depend upon which of the 2 choices below the staff member chose in exchange for accepting deal with the public vacation:

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

– if the staff member had agreed electronically or in writing to deal with the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the holiday. The worker is not entitled to receive any exceptional pay because they did not carry out any work on the holiday.

When an employee works only some of the hours they consented to deal with a public holiday

If an employee has agreed electronically or in writing to deal with the general public vacation but works just a few of the hours they concurred to work, and does not have sensible cause for failing to work all of the hours, the employee is only entitled to get exceptional pay for each hour dealt with the holiday. The staff member has no right to public holiday pay or a substitute day off work.

Example: A typical case

Trudi had actually concurred in writing that she would work eight hours on Canada Day but she just worked 4 hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled only 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 worker has sensible cause for working only a few of the hours they accepted deal with the public vacation, then:

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

– if the staff member had actually concurred electronically or in writing to work on the public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay plus premium pay for every hour dealt with the vacation.

Special rules for certain industries

Special rules use to employees who work in the list below types of businesses:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– medical facilities and nursing homes;.

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

A worker who works in any of these services can be needed to deal with a public vacation without their agreement, however just if the vacation falls on a day that the worker would usually work and the worker 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 of rest work with public vacation pay;.
or.

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

The employer picks which of these alternatives will use.

Note that the employer’s ability to require employees to work on a public holiday 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 employment agreement. Note likewise that specific retail employees who operate in constant operations (for instance, a 24-hour corner store) have the right to refuse to work on a public vacation since of the unique rules that use to some retail workers. See the “Retail employees” chapter of this guide for more information.

A worker in the formerly noted services who is needed to deal with a public vacation that falls on their normal working day but fails to do so, with affordable cause, is entitled to:

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

– public vacation spend for the vacation.

The company selects which choice will use.

An employee in any of these businesses who is required to deal with a public vacation that falls on their normal working day however who fails, with affordable cause, to work some 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 a replacement holiday with public vacation pay;.
or.

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

The employer chooses which choice will use.

A worker in any of these organizations who is needed to work on a public holiday that falls on their regular working day but who stops working, without reasonable cause, to work part or all of the public vacation is just entitled to get superior pay 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 estimations when a staff member gets premium pay

Any hours worked on a public holiday that are compensated with exceptional pay are not consisted of when figuring out whether a staff member has worked any overtime hours.

If work ends

Sometimes a worker’s job pertains to an end before the worker can take a substitute holiday with public vacation pay that they have earned. In this case, the company must pay the staff member’s public holiday pay at the exact same time it pays the worker’s last wages. This is so no matter the factor the job concerned an end, whether it is due to the fact that the employee stopped, was fired for good reason, or for some other factor.