Qualified Employees can Be Full-time

Most staff members 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 work on the holiday and be paid:

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

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

Some workers may be needed to work on a public vacation. (See “Special rules for specific markets” later in this Chapter.) While many employees are qualified for the public holiday entitlement, some workers work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if unique rules apply, please describe the Guide to work standards unique guidelines and exemptions.

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

See “Public holiday pay” later in this chapter.

Regular incomes does not consist of any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to an employee.

While some employers offer their employees a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.

Performing both covered and exempt work

Some workers carry out more than one kind of work for a company. A few of this work may be covered by the public holiday part of the ESA, while another type of work may be exempt from public holiday coverage.

If a staff member carries out both kinds of work, exempt and covered, they are qualified for the public holiday entitlement with respect to a specific public holiday if at least 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 cab chauffeur (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is eligible for the public vacation privilege for Canada Day.

Receiving public holiday privileges

Generally, employees receive the general public vacation privilege unless they:

– stop working without affordable cause to work all of their last routinely scheduled day of work before the general 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.

– fail without reasonable cause to work their entire shift on the public holiday if they accepted or were needed to work that day.

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

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

The “last and very first rule”

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

For example, a staff member may not be scheduled to work the day right before or after the holiday. As long as the staff member works all of their last frequently scheduled shift before the holiday and all of the first one after it, or has sensible cause for not working either of those days, they fulfill this qualifying requirement.

Reasonable cause

A staff member is typically considered to have “affordable cause” for missing out on work when something beyond their control avoids the employee 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 very first rule 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 holiday, or has sensible cause for stopping working to work either of those days, she certifies to be spent for the vacation.

Example: When a worker takes a day of rest

A public holiday falls on a Monday, and Lev’s office shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his company for approval to take off the Thursday before the general public vacation because he has an individual consultation. His employer concurs. Lev’s last frequently arranged work day before the holiday is now considered to be on the Wednesday.

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

Example: When a staff member leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the holiday. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the general public vacation. The company agrees. Doris’s frequently set up shift on the Thursday before the 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 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 frequently set up shift before his getaway and first routinely arranged shift after his trip – on June 24 and July 10 – or has reasonable cause for failing to do so, he will get approved for the paid public holiday.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday occurs. If Lydia works her last regularly scheduled day of work before her leave, and her very first frequently set up day of work after her leave, or has affordable cause for stopping working to do so, she will be entitled to the paid public vacation.

Example: When there is no reasonable cause

A public vacation falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not work on 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 vacation pay

The amount of public holiday pay to which an employee is entitled is all of the regular earnings made by the employee in the 4 work weeks before the work week with the public vacation plus all of the holiday pay payable to the employee with regard to the 4 work weeks before the work week with the general public holiday, divided by 20.

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

The quantity of vacation pay payable to consist of in the calculation of public vacation pay depends on whether the worker is on holiday at any time throughout the 4 work weeks prior to the general public vacation, and the way in which the staff member is to be paid holiday pay. Please refer to the Vacation chapter for information on the different ways getaway pay can be paid.

Vacation pay payable

If the worker is to be paid their vacation pay before they take a vacation or on or before the pay day for the duration in which the getaway falls, holiday pay will be included in the computation of public holiday pay if the staff member was on vacation during that 4 work week period. If the staff member was not on vacation during that period, no vacation pay will be included in the calculation.

If the staff member is to be paid getaway pay with every pay cheque the amount of holiday pay to consist of in the calculation of public vacation pay will be at least 4 percent of all of the employee’s salaries earned during the 4 work week duration. (Note that if a worker earns a greater percentage of getaway pay, such as 6 per cent of incomes, then the “getaway pay payable” will be based on that higher portion.)

If a worker is to get their holiday pay in a lump sum on a specific date or dates, trip pay will be consisted of in the computation of public vacation pay just if that date or dates falls throughout the appropriate 4 work week duration.

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

The four weeks before the public holiday 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 utilized to compute public vacation pay are those four weeks counting backwards from the first Wednesday (the last day of the company’s work week) before the work week in which the general public vacation falls.

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

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

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

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

Public holiday: Tuesday, December 25

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

Calculating public holiday pay

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

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

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

3. Combine her overall wages earned and trip pay payable and divide the amount 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 included

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 receives holiday pay before he takes his vacation. He is paid $1,600 holiday spend for his 2 weeks of getaway. Brock worked his last routinely scheduled work day before the general public vacation and his very first routinely scheduled work day after the holiday.

1. Calculate Brock’s total regular incomes earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

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

3. Total his overall salaries earned and getaway 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 a worker works part-time and each pay cheque consists of trip pay

Tegan works three days a week and makes $120 a day. She worked her last regularly arranged work day before the general public vacation and her very first regularly arranged day after the vacation. She and her company have concurred in composing that she will get 4 percent trip pay on each paycheque.

1. Calculate Tegan’s routine earnings made:.
$ 120 daily X 3 days = $360 per week.
$ 360 per 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. Add together her regular wages 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 trip pay

Bertie does not work a set variety of hours each day or referall.us days per week. Her pay differs 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 per cent holiday pay on each pay cheque.

1. Bertie’s regular incomes made throughout the 4 work weeks before the holiday are $1,500.

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

3. Total her regular incomes earned and holiday pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When a staff member is on a leave

Zoe usually works 5 days a week, making $120 a day. She gets holiday pay before she goes on holiday. 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 incomes or holiday pay. She got maternity and parental gain from the federal Employment Insurance program, but these advantages are not considered “earnings.”

Zoe is entitled to receive public holiday spend 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 first frequently arranged day after her leave, or has sensible cause for stopping working to do so.

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

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

– Vacation pay payable: $0 (she was not on getaway throughout the 4 work week period).

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

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

Example: When an employee is on a layoff

Eugene normally works 5 days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid wages or holiday pay. He got employment insurance coverage benefits during this time, however these benefits are ruled out “incomes.”

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 scheduled day before the layoff and his very first regularly set up day after the layoff, or has affordable cause for failing to do so.

However, due to the fact that Eugene did not make any incomes or vacation pay in the four work weeks before those 2 public vacations, the amount of pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker’s routine rate of pay. If an employee is entitled to receive exceptional spend for deal with a public holiday, they must be paid 1 1/2 times their regular rate of spend for each hour worked.

For example, Nathan’s regular 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 vacation

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

An alternative holiday must be set up for a day that is no later than 3 months after the general public vacation for which it was earned, or, if the staff member has actually concurred digitally or in composing, the alternative day of rest can be arranged approximately 12 months after the general public vacation.

If a worker gets a replacement vacation, the company needs to offer the worker with a written declaration 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 employee. This statement needs to be provided to the worker before the public holiday.

Entitlements for public holidays

Entitlements for public vacations vary depending upon such things as whether the holiday falls on a working day or a non-working day and whether the staff member deals with the vacation. The different privileges are set out below.

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

Most staff members can get the public holiday off and earn money public vacation pay. (Some workers may be required to deal with a public holiday. See “Special guidelines for certain markets” later on in this chapter.)

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

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

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

– public holiday spend for the public vacation, if the worker consents to this electronically or in writing (in this case, the employee will not be provided an alternative day of rest).

When an employee who gets approved for the day of rest has actually agreed electronically or in composing 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 a staff member agrees electronically or in composing to work on the public vacation, there are 2 options:

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

– if the staff member agrees electronically or in composing, they are entitled to public vacation spend for the public vacation plus premium spend for all hours worked on the general public holiday. In this case, the worker will not be provided a substitute day of rest.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan frequently works 8 hours a day, five days a week. His routine per hour pay rate is $20. He has worked on all his scheduled work days in the 4 work weeks before the public holiday. He works 8 hours on the public vacation. He gets his vacation pay when his holiday is taken. He was not on vacation throughout the 4 work weeks leading up to the public vacation

Step 1: compute public vacation pay:

1. Calculate John-Duncan’s overall routine earnings earned in the four work weeks before the public holiday:
8 hours each day X $20 per hour = $160 each day
$ 160 per day X 5 days = $800 weekly
$ 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 vacation pay payable with regard to the 4 work week duration:.
John-Duncan receives his trip pay when he takes his trip. Because he was not on holiday throughout the 4 work week duration, the amount of vacation pay payable with regard to the 4 work weeks before the general public holiday = $0.

3. Add together his overall salaries made and trip pay and divide the amount 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 work on the general public holiday is computed:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay entitlement is $240.

Result: John-Duncan is entitled to public vacation pay of $160 and superior pay of $240, for a total of $400.

When an employee accepts deal with a public holiday but fails to do so

If an employee has actually agreed electronically or in writing to deal with the general public vacation but does refrain from doing so – and does not have reasonable cause for not having done so – the staff member has no right to public vacation pay or to a substitute day of rest with pay.

However, if the worker has affordable cause for not working the general public holiday, then entitlements will depend on which of the 2 alternatives below the staff member picked in exchange for concurring to work on the public vacation:

– if the worker had actually concurred digitally or in writing to work on the general public vacation for routine incomes plus a substitute day off with public vacation pay, the worker is entitled to a substitute day off deal with public holiday pay;.
or.

– if the staff member had agreed electronically or in composing 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 pay for the holiday. The staff member is not entitled to receive any premium pay because they did not carry out any deal with the holiday.

When a staff member works just a few of the hours they accepted deal with a public holiday

If a staff member has actually concurred digitally or in composing to deal with the general public holiday however works just a few of the hours they agreed to work, and does not have reasonable cause for stopping working to work all of the hours, the employee is just entitled to get exceptional pay for each hour worked on the vacation. The employee has no right to public holiday pay or an alternative day off work.

Example: A normal case

Trudi had agreed in composing that she would work 8 hours on Canada Day but she only worked 4 hours and did not have affordable cause for failing to work the other 4 hours. Trudi is entitled only to premium spend for the 4 hours she worked on the holiday. She is not entitled to public vacation pay or to a substitute day off work.

However, if the worker has reasonable cause for working only some of the hours they consented to deal with the public vacation, then:

– the worker is entitled to their regular rate for all the hours worked plus an alternative day off work with public vacation pay;.
or.

– if the worker had agreed electronically 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 plus premium spend for every hour worked on the vacation.

Special guidelines for specific industries

Special rules use to staff members who work in the list below kinds of services:

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– hospitals and retirement home;.

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

A staff member who works in any of these companies can be needed to deal with a public holiday without their agreement, however just if the vacation falls on a day that the staff member would generally work and the employee is not on getaway.

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

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

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

The company selects which of these alternatives will apply.

Note that the employer’s capability to need employees to work on a public holiday is subject to the employee’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note likewise that certain retail employees who work in constant operations (for instance, a 24-hour corner store) can decline 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 to find out more.

A staff member in the previously listed services who is needed to work on a public holiday that falls on their common working day however stops working to do so, with reasonable cause, is entitled to:

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

– public vacation pay for the holiday.

The company picks which alternative will use.

An employee in any of these organizations who is needed to work on a public vacation that falls on their ordinary working day however who stops working, with sensible cause, to work some of the hours they were required to deal with the holiday is entitled to either:

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

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

The company picks which option will apply.

A worker in any of these companies who is required to deal with a public holiday that falls on their normal working day but who fails, without reasonable cause, to work part or all of the public holiday is just entitled to get superior spend for each hour dealt with the holiday (if any). The employee has no right to public holiday pay or a substitute day off work.

Overtime estimations when a staff member gets superior pay

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

If employment ends

Sometimes a worker’s task concerns an end before the staff member can take a substitute holiday with public holiday pay that they have actually made. In this case, the company must pay the staff member’s public holiday pay at the very same time it pays the employee’s last wages. This is so despite the reason the task pertained to an end, whether it is due to the fact that the worker quit, was fired for good factor, or for some other factor.