Qualified Employees can Be Full Time

Most staff members who certify are entitled to take these days off work and be paid public vacation pay.

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

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

– be paid their routine salaries for all hours worked on the public holiday and receive another substitute holiday for which they must be paid public holiday pay.

Some workers may be needed to work on a public holiday. (See “Special guidelines for certain markets” later in this Chapter.) While a lot of staff members are eligible for the general public holiday privilege, some staff members work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To identify whether a task is covered, or if special guidelines use, please refer to the Guide to employment requirements special guidelines and exemptions.

Use the Employment Standards Self-Service Tool to check compliance with public vacations and other work requirements privileges.

See “Public vacation pay” later on in this chapter.

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

While some companies 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 workers carry out more than one sort of work for an employer. A few of this work might be covered by the public holiday part of the ESA, while another kind of work might be exempt from public holiday coverage.

If a staff member carries out both type of work, exempt and covered, they are eligible for the general public vacation entitlement with regard to a specific public holiday if a minimum of half of the work performed in the work week of the general public holiday is work that is covered.

Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public vacation protection) 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 holiday part of the ESA, he is eligible for the public holiday privilege for Canada Day.

Qualifying for public holiday privileges

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

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

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

Note: Most staff members who fail to qualify for the public vacation privilege are still entitled to be paid superior pay for every hour they deal with the holiday.

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

The “last and very first guideline”

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

For example, an employee may not be set up to work the day right before or after the holiday. As long as the staff member works all of their last routinely arranged shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they fulfill this qualifying criterion.

Reasonable cause

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

How the last and first guideline works

Rosie’s routine work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s office closes down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the vacation, or has sensible cause for stopping working to work either of those days, she certifies to be spent for the holiday.

Example: When an employee takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for consent to remove the Thursday before the public vacation because he has a personal consultation. His employer agrees. Lev’s last routinely arranged work day before the holiday is now considered to be on the Wednesday.

If Lev works his whole Wednesday shift before the vacation and his entire Tuesday shift after the holiday, or has sensible cause for not working either of those days, he receives 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 the vacation. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the public holiday. The company concurs. Doris’s routinely set up shift on the Thursday before the public holiday 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 sensible cause for failing to do so, she is entitled to the paid public holiday.

Example: When an employee is on getaway

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

Example: When a worker 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 very first frequently set up day of work after her leave, or has sensible cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

A public vacation falls on a Monday, and Ellen’s office 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 spend for the vacation.

Public holiday pay

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

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

The quantity of vacation pay payable to include in the computation of public vacation pay depends upon whether the staff member is on getaway at any time throughout the 4 work weeks prior to the general public holiday, and the way in which the employee is to be paid getaway pay. Please refer to the Vacation chapter for info on the different methods vacation pay can be paid.

Vacation pay payable

If the staff member is to be paid their holiday pay before they take a trip or on or before the pay day for the period in which the vacation falls, getaway pay will be consisted of in the calculation of public holiday pay if the staff member was on getaway during that four work week period. If the employee was not on vacation throughout that duration, no trip 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 holiday pay will be at least four per cent of all of the staff member’s earnings earned during the 4 work week period. (Note that if a worker makes a higher portion of holiday pay, such as 6 per cent of earnings, then the “getaway pay payable” will be based on that greater portion.)

If a staff member is to get their getaway pay in a swelling amount on a specific date or dates, vacation pay will be consisted of in the calculation of public vacation pay just if that date or dates falls during the appropriate 4 work week period.

Calculating the four work week period before the work week with a public vacation

The four weeks before the public vacation is based upon the company’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 4 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 employer’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 routine wages made by the staff member and the getaway pay payable to the employee with regard to the four work weeks from November 22 to December 19 are utilized in the estimation of pay.

Calculating public vacation pay

Iryna works 5 days a week and earns $120 a day. She worked her last regularly set up work day before the general public vacation and her very first regularly set up day after the vacation. She receives her vacation pay when her getaway is taken. She was not on vacation during the 4 work weeks leading up to the public holiday.

1. Calculate Iryna’s total regular wages earned:
$ 120 daily X 5 days = $600 weekly
$ 600 per week X 4 work weeks = $2,400.
Iryna made $2,400 of routine earnings in the 4 work weeks before the general public vacation.

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

3. Combine her total earnings made 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 vacation pay.

Example: When trip time is involved

Brock works 5 days a week and makes $160 a day. He was on getaway for two of the 4 weeks before the general public holiday. He gets trip pay before he takes his vacation. He is paid $1,600 vacation spend for his 2 weeks of getaway. Brock worked his last regularly arranged work day before the public holiday and his very first frequently scheduled work day after the holiday.

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

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

3. Add together his total salaries earned and holiday payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

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

Tegan works 3 days a week and earns $120 a day. She worked her last regularly arranged work day before the public vacation and her first routinely scheduled day after the vacation. She and her company have actually concurred in writing that she will get four percent vacation pay on each paycheque.

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

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

3. Add together her routine earnings 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 daily or days each week. Her pay varies from week to week, according to the time she has worked. She and her company have concurred in composing that she will get 4 percent getaway pay on each pay cheque.

1. Bertie’s routine salaries earned throughout the 4 work weeks before the vacation are $1,500.

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

3. Add together her regular wages made and vacation pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When a worker is on a leave

Zoe typically works 5 days a week, making $120 a day. She gets holiday pay before she goes on getaway. 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 trip pay. She got maternity and parental advantages from the federal Employment Insurance program, however these advantages are not thought about “wages.”

Zoe is entitled to get public vacation pay for the general public vacations that fall during her leave as long as she works her last frequently arranged day before her leave and her very first routinely arranged day after her leave, or has sensible 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 holiday spend for Canada Day is:

– Regular incomes earned: referall.us $120 a day X 7 days = $840.

– Vacation pay payable: $0 (she was not on trip during the 4 work week duration).

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

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

Example: When a staff member 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 earnings or holiday pay. He received employment insurance advantages during this time, however these benefits are not considered “incomes.”

Eugene was remembered 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 regularly set up day before the layoff and his very first frequently arranged day after the layoff, or has sensible cause for failing to do so.

However, since Eugene did not make any incomes or vacation pay in the four work weeks before those two public holidays, 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 receive superior pay for deal with a public vacation, they need to be paid 1 1/2 times their routine rate of pay for each hour worked.

For instance, 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

An alternative holiday is another working day of rest work that is designated to change a public vacation. 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 later on than three months after the public vacation for which it was earned, or, if the employee has concurred digitally or in composing, the alternative day of rest can be scheduled approximately 12 months after the general public holiday.

If a worker gets a replacement vacation, the company needs to offer the employee with a composed declaration that sets out the public vacation that is being replaced, the date of the replacement vacation, and the date that the declaration was provided to the worker. This statement must be supplied to the employee before the public vacation.

Entitlements for public vacations

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 staff member works on the holiday. The different entitlements are set out listed below.

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

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

When a public holiday falls on a worker’s non-working day or throughout 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 during the worker’s getaway, the staff member is entitled to either:

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

– public holiday pay for the public vacation, if the staff member accepts this digitally or in writing (in this case, the employee will not be offered a substitute day of rest).

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

Most employees have the right to get the public holiday off and earn money public holiday pay. However, if a staff member concurs electronically or in writing to deal with the general public holiday, there are two alternatives:

– the staff member is entitled to receive routine salaries for all hours worked on the public vacation, plus an alternative day of rest deal with public vacation pay;.
or.

– if the employee agrees electronically or in composing, they are entitled to public vacation spend for the public vacation plus premium spend for all hours dealt with the public vacation. In this case, the employee will not be provided an alternative day off.

Example: Calculating public holiday pay plus premium pay

A public holiday falls on among John-Duncan’s typical working days. He and his company have actually concurred digitally or in writing that he will work on the public holiday and that, instead of getting an alternative vacation, he will be paid public holiday pay plus premium spend for all the hours he works on the vacation.

John-Duncan regularly works eight hours a day, 5 days a week. His regular hourly pay rate is $20. He has actually dealt with all his scheduled work days in the four work weeks before the general public holiday. He works eight hours on the public holiday. He gets his trip pay when his trip is taken. He was not on trip during the four work weeks leading up to the public holiday

Step 1: calculate public vacation pay:

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

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

3. Total his overall incomes 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 privilege is $160.

Step 2: determine exceptional pay

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

When an employee concurs to work on a public vacation however fails to do so

If a staff member has concurred digitally or in writing to deal with the general public holiday however does not do so – and does not have sensible cause for not having actually done so – the employee has no right to public holiday pay or to an alternative day of rest with pay.

However, if the worker has affordable cause for not working the public holiday, then entitlements will depend on which of the 2 choices listed below the employee picked in exchange for accepting deal with the public holiday:

– if the staff member had actually agreed electronically or in writing to work on the general public holiday for routine earnings plus a substitute day off with public holiday pay, the worker is entitled to an alternative day off work with public holiday pay;.
or.

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

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

If a staff member has actually concurred electronically or in composing to work on the public holiday but works only a few of the hours they agreed to work, and does not have sensible cause for failing to work all of the hours, the staff member is only entitled to get premium pay for each hour worked on the holiday. The staff member has no right to public vacation pay or a substitute day off work.

Example: A common case

Trudi had actually concurred in writing that she would work eight hours on Canada Day however she only worked four hours and did not have sensible cause for failing to work the other 4 hours. Trudi is entitled only to premium pay for the 4 hours she worked on the vacation. 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 some of the hours they consented to work on the general public vacation, then:

– the employee is entitled to their regular rate for all the hours worked plus a substitute day of rest work with public vacation pay;.
or.

– if the employee had agreed digitally or in composing to deal with the general public vacation 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 worked on the holiday.

Special guidelines for specific markets

Special guidelines use to staff members who operate in the following types of organizations:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– medical facilities and retirement 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 business or the video games part of a gambling establishment if the video games tables are open around the clock).

An employee who operates in any of these services can be needed to deal with a public vacation without their contract, but only if the holiday falls on a day that the employee would typically work and the staff member is not on trip.

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

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

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

The employer chooses which of these options will use.

Note that the employer’s capability to require employees to deal with a public vacation is subject to the worker’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the staff member’s employment agreement. Note also that certain retail workers who work in constant operations (for example, a 24-hour benefit shop) can refuse to work on a public holiday due to the fact that of the unique rules that use to some retail workers. See the “Retail employees” chapter of this guide for more info.

A staff member in the formerly noted organizations who is required to work on a public vacation that falls on their common working day but stops working to do so, with sensible cause, is entitled to:

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

– public vacation spend for the vacation.

The company selects which alternative will apply.

A staff member in any of these organizations who is required to work on a public vacation that falls on their regular working day however who fails, with affordable cause, to work a few of the hours they were required to work on the vacation is entitled to either:

– their routine rate for each hour dealt with the vacation plus a replacement vacation with public holiday pay;.
or.

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

The employer chooses which alternative will apply.

An employee in any of these organizations who is needed to deal with a public holiday that falls on their ordinary working day however who stops working, without affordable cause, to work part or all of the general public holiday is just entitled to receive premium spend for each hour worked on the vacation (if any). The worker has no right to public holiday pay or an alternative day off work.

Overtime estimations when a staff member gets premium pay

Any hours worked on a public vacation that are compensated with superior pay are not consisted of when identifying whether a worker has worked any overtime hours.

If work ends

Sometimes a worker’s job comes to an end before the staff member can take a replacement holiday with public holiday pay that they have earned. In this case, the employer should pay the employee’s public holiday pay at the same time it pays the worker’s final incomes. This is so despite the reason the job pertained to an end, whether it is because the worker gave up, was fired for great factor, or for some other factor.