Qualified Employees can Be Full Time

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

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

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

– be paid their routine salaries for all hours dealt with the public holiday and receive another substitute vacation for which they should be paid public holiday pay.

Some staff members may be needed to deal with a public vacation. (See “Special guidelines for specific markets” later on in this Chapter.) While most employees are qualified for the general public vacation entitlement, some workers operate in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To figure out whether a job is covered, job or if special guidelines apply, please refer to the Guide to work requirements special guidelines and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular earnings does not consist of any overtime pay, getaway pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to a staff member.

While some companies offer their staff members 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 employees perform more than one type of work for an employer. A few of this work might be covered by the public vacation part of the ESA, while another sort 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 vacation if a minimum of half of the work carried out in the work week of the general 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 holiday protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, 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 qualified for the general public holiday privilege for Canada Day.

Getting approved for public vacation privileges

Generally, workers get approved for the general public vacation privilege unless they:

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

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

Note: Most staff members who stop working to receive the general public vacation privilege are still entitled to be paid superior spend for every hour they deal with the vacation.

Qualified employees can be full-time, part-time, long-term or on term agreement. It does not matter how just recently they were worked with, or the number of days they worked before the public holiday.

The “last and very first guideline”

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

For example, an employee may not be arranged to work the day right before or after the holiday. As long as the employee 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 certifying requirement.

Reasonable cause

An employee is usually considered to have “affordable cause” for missing out on work when something beyond their control prevents the worker from working. Employees are responsible for revealing that they had sensible cause for remaining away from work. If they can do so, they still certify for public holiday entitlements.

How the last and first rule works

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

Example: When a worker takes a day off

A public vacation falls on a Monday, and Lev’s workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for approval to take off the Thursday before the general public vacation due to the fact that he has an individual visit. His company agrees. Lev’s last frequently set up work day before the holiday is now thought about to be on the Wednesday.

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

Example: job When a staff member leaves early

A public holiday 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 wishes to leave at 3 p.m. on the Thursday before the general public vacation. The employer concurs. Doris’s frequently set up shift on the Thursday before the general public vacation 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 affordable cause for failing to do so, she is entitled to the paid public vacation.

Example: When a worker is on holiday

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently scheduled shift before his holiday and very first routinely arranged shift after his vacation – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will qualify 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 holiday occurs. If Lydia works her last regularly scheduled day of work before her leave, and her very first routinely set up day of work after her leave, or has reasonable cause for failing to do so, she will be entitled to the paid public vacation.

Example: When there is no affordable cause

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

Public vacation pay

The amount of public vacation pay to which a staff member is entitled is all of the routine 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 4 work weeks before the work week with the general public vacation, divided by 20.

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

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

Vacation pay payable

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

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

If a worker is to receive their holiday pay in a lump sum on a particular date or dates, getaway pay will be included in the calculation of public vacation pay only if that date or dates falls during the appropriate four work week period.

Calculating the four work week duration before the work week with a public holiday

The 4 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 a company’s work week ranges from Thursday to Wednesday. In this case, the 4 work weeks utilized to compute public vacation pay are those 4 weeks counting backwards from the very first Wednesday (the last day of the employer’s work week) before the work week in which the general public holiday falls.

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

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

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

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

Public holiday: Tuesday, December 25

In this example, the routine earnings earned by the staff member and the getaway pay payable to the staff member with respect to the four work weeks from November 22 to December 19 are used in the calculation of public holiday pay.

Calculating public holiday pay

Iryna works 5 days a week and earns $120 a day. She worked her last routinely arranged work day before the general public holiday and her first frequently arranged day after the vacation. She gets her vacation pay when her getaway is taken. She was not on getaway during the four work weeks leading up to the public vacation.

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

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

3. Add together her total wages earned 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 holiday pay.

Example: When vacation time is involved

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

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

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

3. Total his total wages made and trip payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Example: When a worker 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 set up work day before the general public vacation and her very first routinely scheduled day after the holiday. She and her employer have concurred in writing that she will get four percent getaway pay on each paycheque.

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

2. Calculate her getaway 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. Total her routine incomes made and trip 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 includes holiday pay

Bertie does not work a set number of hours daily or days weekly. Her pay differs from week to week, according to the time she has worked. She and her employer have actually agreed in writing that she will receive four per cent holiday pay on each pay cheque.

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

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

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

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

Example: job When a staff member is on a leave

Zoe generally works five days a week, making $120 a day. She receives vacation 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 earnings or getaway pay. She received maternity and adult take advantage of the federal Employment Insurance program, however these benefits are not thought about “incomes.”

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

Zoe went on leave on June 10 and just worked seven days throughout the four work weeks before the Canada Day public holiday. Her public holiday pay for Canada Day is:

– Regular 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 vacation pay.

Her public vacation 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 made any wages or vacation pay on any of the days throughout the four work weeks before each of those holidays.

Example: When a staff member is on a layoff

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

Eugene was recalled to work on 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 very first frequently arranged day after the layoff, or has reasonable cause for failing to do so.

However, because Eugene did not earn any incomes or trip 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 a worker’s regular rate of pay. If a worker is entitled to get superior spend for work on a public holiday, they should be paid 1 1/2 times their routine rate of spend 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 vacation

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

A replacement holiday need to be arranged for a day that is no behind 3 months after the public vacation for which it was earned, or, if the worker has agreed electronically or in writing, the substitute day off can be arranged approximately 12 months after the general public holiday.

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

Entitlements for public vacations

Entitlements for public vacations vary depending on such things as whether the vacation falls on a working day or a non-working day and whether the worker works on the vacation. The various privileges are set out below.

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

Most workers deserve to get the public vacation off and job make money public vacation pay. (Some employees might be needed to deal with a public vacation. See “Special guidelines for specific industries” later in this chapter.)

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

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

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

– public vacation pay for the public vacation, if the staff member accepts this digitally or in writing (in this case, the staff member will not be offered an alternative day off).

When a staff member who receives the day of rest has agreed digitally or in composing to work on a public vacation

Most staff members deserve to get the general public holiday off and get paid public vacation pay. However, if an employee agrees digitally or in composing to work on the general public holiday, there are 2 choices:

– the staff member is entitled to get routine earnings for all hours worked on the general public vacation, plus a substitute day off deal with public vacation pay;.
or.

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

Example: Calculating public vacation pay plus premium pay

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

John-Duncan routinely works eight hours a day, 5 days a week. His regular per hour pay rate is $20. He has actually dealt with all his scheduled work days in the four work weeks before the general public vacation. He works 8 hours on the public holiday. He receives his when his vacation is taken. He was not on trip during the four work weeks leading up to the general public vacation

Step 1: compute public vacation pay:

1. Calculate John-Duncan’s total regular wages earned in the 4 work weeks before the general public vacation:
8 hours daily X $20 per hour = $160 daily
$ 160 daily X 5 days = $800 weekly
$ 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 vacation pay payable with regard to the 4 work week duration:.
John-Duncan gets his vacation pay when he takes his vacation. Because he was not on trip during the four work week period, the quantity of trip pay payable with respect to the 4 work weeks before the public vacation = $0.

3. Add together his total salaries earned and getaway pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: compute premium pay

Finally, the premium pay owing to John-Duncan for his work on the public vacation is determined:.
$ 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 vacation pay of $160 and superior pay of $240, for an overall of $400.

When a staff member consents to deal with a public holiday however stops working to do so

If an employee has actually agreed electronically or in composing to deal with the general public vacation but does not do so – and does not have sensible cause for not having done so – the staff member has no right to public vacation pay or to a substitute day off with pay.

However, if the employee has sensible cause for not working the public holiday, then entitlements will depend on which of the 2 options listed below the worker selected in exchange for agreeing to deal with the public vacation:

– if the employee had concurred digitally or in composing to deal with the general public vacation for routine salaries plus an alternative day of rest with public holiday pay, the worker is entitled to a substitute day off deal with public vacation pay;.
or.

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

When a worker works just a few of the hours they consented to deal with a public vacation

If a worker has actually concurred electronically or in writing to deal with the public holiday however works just some of the hours they consented to work, and does not have affordable cause for failing to work all of the hours, the worker is only entitled to receive superior spend for each hour dealt with the holiday. The staff member has no right to public vacation pay or an alternative day of rest work.

Example: A typical case

Trudi had actually concurred in composing that she would work 8 hours on Canada Day however she just worked four hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled only to premium spend for the four hours she worked on the holiday. She is not entitled to public vacation pay or to a substitute day off work.

However, if the staff member has sensible cause for working only a few of the hours they concurred to work on the public vacation, then:

– the staff member is entitled to their routine rate for all the hours worked plus a substitute 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 spend for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour dealt with the vacation.

Special guidelines for certain industries

Special rules apply to staff members who work in the list below types of companies:

– hotels, motels and tourist resorts;.

– restaurants and taverns;.

– health centers and assisted living home;.

– constant operations (which are operations, or parts of operations, job 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 casino if the games tables are open all the time).

A staff member who operates in any of these companies 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 generally work and the worker is not on holiday.

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

– their regular rate for the hours worked on the public holiday, plus an alternative day of rest deal with public holiday pay;.
or.

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

The company picks which of these options will apply.

Note that the company’s capability to require staff members to deal with a public holiday goes through the employee’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note also that particular retail employees who operate in continuous operations (for example, a 24-hour corner store) deserve to refuse to work on a public holiday since of the unique guidelines that use to some retail workers. See the “Retail workers” chapter of this guide for more details.

A worker in the formerly listed businesses who is required to work on a public holiday that falls on their ordinary working day but fails to do so, with sensible cause, is entitled to:

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

– public vacation spend for the holiday.

The employer picks which alternative will apply.

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

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

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

The company picks which choice will use.

A staff member in any of these companies who is required to deal with a public holiday that falls on their regular working day however who stops working, without affordable cause, to work part or all of the public vacation is only entitled to get superior spend for each hour worked on the vacation (if any). The worker has no right to public vacation pay or a substitute day of rest work.

Overtime computations when an employee receives premium pay

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

If work ends

Sometimes an employee’s job comes to an end before the staff member can take a replacement vacation with public vacation pay that they have actually made. In this case, the company needs to pay the worker’s public holiday pay at the exact same time it pays the employee’s last incomes. This is so regardless of the factor the job came to an end, whether it is due to the fact that the employee stopped, was fired for great reason, or for some other factor.