Qualified Employees can Be Full Time

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

Alternatively, the staff member can agree electronically or in writing to work on the holiday and be paid:

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

– be paid their regular earnings for all hours dealt with the public holiday and receive another alternative holiday for which they must be paid public holiday pay.

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

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

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

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

While some companies offer their staff members a vacation on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the company 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 a company. Some 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 a staff member performs both kinds of work, exempt and covered, they are eligible for the public holiday entitlement with regard to a particular public holiday if at least half of the work performed in the work week of the general 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 vacation coverage) 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 eligible for the public vacation privilege for Canada Day.

Receiving public holiday entitlements

Generally, staff members receive the general public vacation privilege unless they:

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

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

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

Qualified employees can be full time, part time, irreversible or on term agreement. It does not matter how just recently they were worked with, or how numerous days they worked before the public vacation.

The “last and first rule”

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

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

Reasonable cause

A worker is normally thought about to have “affordable cause” for missing out on work when something beyond their control prevents the staff member from working. Employees are accountable for showing that they had reasonable cause for keeping away from work. If they can do so, they still get approved for public vacation 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 office closes down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the vacation, or has affordable cause for stopping working to work either of those days, she certifies to be paid for the holiday.

Example: When a staff member takes a day of rest

A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev routinely works Monday to Thursday. Lev has 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 regularly set up 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 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 an employee leaves early

A public vacation falls on a Friday, and job 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 public holiday. The company agrees. Doris’s regularly set up shift on the Thursday before the general 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 reasonable cause for failing to do so, she is entitled to the paid public holiday.

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 arranged shift before his holiday and very first routinely arranged shift after his holiday – on June 24 and July 10 – or has affordable cause for failing to do so, he will certify for the paid public vacation.

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last routinely scheduled day of work before her leave, and her very first regularly set up 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 affordable cause

A public vacation falls on a Monday, and Ellen’s work environment 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 out on that day. She receives no pay for the holiday.

Public holiday pay

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

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

The amount of trip pay payable to consist of in the estimation of public holiday pay depends upon whether the employee is on holiday at any time throughout the 4 work weeks prior to the general public holiday, and the manner in which the staff member is to be paid holiday pay. Please refer to the Vacation chapter for details on the different methods trip pay can be paid.

Vacation pay payable

If the staff member 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, trip pay will be consisted of in the computation of public holiday pay if the staff member was on holiday throughout that four work week period. If the staff member was not on getaway throughout that period, no vacation pay will be consisted of in the estimation.

If the worker is to be paid getaway pay with every pay cheque the quantity of getaway pay to consist of in the computation of public holiday pay will be at least four percent of all of the staff member’s wages earned throughout the four work week duration. (Note that if a staff member earns a higher portion of getaway pay, such as six percent of earnings, then the “holiday pay payable” will be based on that greater portion.)

If a worker is to receive their trip pay in a swelling sum on a particular date or dates, getaway pay will be included in the computation of public vacation pay only 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 holiday

The four weeks before the general public vacation is based on the employer’s work week and is not necessarily a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that an employer’s work week runs from Thursday to Wednesday. In this case, the four work weeks used to compute public holiday pay are those four 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 vacation falls.

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

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

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

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

Public vacation: Tuesday, December 25

In this example, the regular wages 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 computation of public vacation pay.

Calculating public vacation pay

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

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

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

3. Add together her overall incomes made and trip 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: When getaway time is included

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

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 trip pay:.
Brock was on getaway 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 holiday. The quantity of getaway pay payable with respect to the 4 work weeks prior to the work week with the public holiday = $1,600.

3. Total his total incomes earned 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 holiday pay.

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

Tegan works 3 days a week and earns $120 a day. She worked her last routinely arranged work day before the public holiday and her first frequently arranged day after the vacation. She and her company have agreed in composing that she will receive four percent getaway pay on each paycheque.

1. Calculate Tegan’s routine salaries made:.
$ 120 each day X 3 days = $360 each week.
$ 360 each week X 4 weeks = $1,440.

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

3. Combine her regular salaries made and trip pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public holiday pay.

Example: When there are no set hours and each pay cheque consists of holiday pay

Bertie does not work a set variety 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 actually concurred in composing that she will receive four percent holiday pay on each pay cheque.

1. Bertie’s regular earnings 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 routine incomes earned and getaway 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 trip pay before she goes on getaway. 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 vacation pay. She got maternity and adult advantages from the federal Employment Insurance program, however these benefits are ruled out “incomes.”

Zoe is entitled to receive public holiday pay for the general public holidays that fall throughout her leave as long as she works her last frequently scheduled day before her leave and her very first frequently set up day after her leave, or has affordable 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 holiday. Her public vacation pay for Canada Day is:

– Regular wages made: $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 holiday spend for the remainder of the public holidays that fall during her leave will be $0. This is due to the fact that she will not have actually made any earnings or holiday pay on any of the days during the four work weeks before each of those vacations.

Example: When a worker is on a layoff

Eugene normally works 5 days a week, making $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid wages or vacation pay. He got work insurance coverage advantages during this time, however these advantages are ruled out “earnings.”

Eugene was remembered to deal with December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last frequently set up day before the layoff and his first regularly arranged day after the layoff, or has reasonable cause for stopping working to do so.

However, because Eugene did not make any earnings or getaway pay in the 4 work weeks before those 2 public vacations, the amount 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 worker is entitled to receive exceptional spend for work on a public holiday, they must be paid 1 1/2 times their regular rate of pay for job each hour worked.

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

Substitute vacation

A substitute vacation is another working day off work that is designated to change a public holiday. Employees are entitled to be paid public holiday pay for a substitute holiday.

A replacement holiday need to be set up for a day that is no behind 3 months after the public vacation for which it was earned, or, if the staff member has concurred electronically or in writing, the substitute day off can be scheduled approximately 12 months after the public vacation.

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

Entitlements for public holidays

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

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

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

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

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

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

– public vacation spend for the public vacation, if the worker accepts this digitally or in writing (in this case, the worker will not be given an alternative day off).

When an employee who receives the day of rest has actually concurred electronically or in writing to deal with a public vacation

Most workers have the right to get the public vacation off and make money public vacation pay. However, if an employee agrees electronically or in writing to work on the public holiday, there are 2 choices:

– the staff member is entitled to receive routine earnings for all hours dealt with the public vacation, plus a substitute day of rest deal with public vacation pay;.
or.

– if the worker concurs digitally or in composing, they are entitled to public vacation spend for the public vacation plus premium spend for all hours dealt with the general public vacation. In this case, the worker will not be provided an alternative day of rest.

Example: Calculating public holiday pay plus premium pay

A public vacation falls on among John-Duncan’s typical working days. He and his company have concurred electronically or in writing that he will work on the public vacation and that, rather of getting a substitute holiday, he will be paid public vacation pay plus premium pay for all the hours he deals with the vacation.

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

Step 1: compute public vacation pay:

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

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

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

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

Step 2: calculate premium pay

Finally, the premium pay owing to John-Duncan for his deal with the public vacation 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 entitlement 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 staff member concurs to work on a public vacation but stops working to do so

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

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

– if the staff member had agreed digitally or in writing to work on the public vacation for regular wages plus a substitute day off with public vacation pay, the worker is entitled to a substitute day of rest work with public holiday pay;.
or.

– if the worker had concurred digitally or in writing 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 vacation spend for the vacation. The employee is not entitled to get any exceptional pay because they did not perform any work on the vacation.

When a staff member works just some of the hours they accepted deal with a public vacation

If a staff member has actually concurred electronically or in composing to deal with the general public holiday but works only some of the hours they consented to work, and does not have reasonable 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 worker has no right to public holiday pay or an alternative day off work.

Example: A common case

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

However, job if the staff member has reasonable cause for working just some of the hours they accepted deal with the public holiday, then:

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

– if the worker had agreed digitally or in composing to work on the public vacation for public holiday pay plus premium pay for each hour worked, job 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 rules apply to employees who operate in the following kinds of companies:

– hotels, motels and job tourist resorts;.

– restaurants and taverns;.

– medical facilities 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 games part of a gambling establishment if the video games tables are open all the time).

A worker who works in any of these services can be required to deal with a public vacation without their arrangement, but just if the vacation falls on a day that the employee would usually work and the worker is not on vacation.

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

– their routine rate for the hours worked on the general public vacation, plus a substitute day of rest deal with public vacation pay;.
or.

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

The employer selects which of these options will use.

Note that the employer’s capability to need workers to deal with a public vacation goes through the worker’s right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee’s work contract. Note likewise that specific retail workers who work in continuous operations (for example, a 24-hour corner store) can decline to work on a public holiday because of the special guidelines that apply to some retail employees. See the “Retail workers” chapter of this guide for additional information.

A staff member in the formerly listed businesses who is needed to deal with a public vacation that falls on their ordinary 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 employer picks which option will apply.

A staff member in any of these businesses who is needed to work on a public vacation that falls on their common working day but who fails, with sensible cause, to work a few of the hours they were needed to deal with the holiday is entitled to either:

– their routine rate for each hour worked on the vacation plus an alternative holiday with public holiday pay;.
or.

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

The company chooses which choice will apply.

A worker in any of these services who is needed to deal with a public vacation that falls on their regular working day but who stops working, without sensible cause, to work part or all of the public holiday is only entitled to get superior pay for each hour dealt with the holiday (if any). The employee has no right to public holiday pay or an alternative day of rest work.

Overtime estimations when a worker gets exceptional pay

Any hours worked on a public vacation that are compensated with exceptional pay are not consisted of when identifying whether an employee has actually worked any overtime hours.

If employment ends

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