Qualified Employees can Be Full-time

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

Alternatively, the employee can concur digitally or in composing to deal with 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 “alternative” holiday);.
or.

– be paid their regular salaries for all hours worked on the public vacation and get another replacement vacation for which they need to be paid public vacation pay.

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

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

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

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

While some companies provide their employees a vacation on Easter Sunday, Easter Monday, the 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 staff members carry out more than one type of work for a company. Some of this work might be covered by the public vacation 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 general public vacation privilege with respect to a specific public vacation 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 company 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, 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 qualified for the general public holiday privilege for Canada Day.

Receiving public vacation entitlements

Generally, staff members certify for the public vacation entitlement unless they:

– stop working without sensible cause to work all of their last regularly arranged day of work before the general public holiday or all of their first frequently arranged day of work after the general 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 concurred to or were needed to work that day.

Note: Most employees who stop working to receive the general public vacation entitlement are still entitled to be paid premium pay for every hour they deal with the holiday.

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

The “last and first guideline”

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

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

Reasonable cause

A worker is normally thought about to have “reasonable 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 privileges.

How the last and very first rule works

Rosie’s routine work week ranges 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 holiday 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 vacation.

Example: When a worker 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 approval to take off the Thursday before the public holiday due to the fact that he has an individual appointment. His company concurs. Lev’s last routinely arranged 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 entire Tuesday shift after the vacation, or has affordable cause for not working either of those days, he gets approved for the paid public holiday.

Example: When an employee leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the holiday. 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 public vacation. The employer agrees. Doris’s routinely set up shift on the Thursday before the public vacation is now thought about to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has reasonable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a worker 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 regularly arranged shift before his vacation and first frequently scheduled shift after his getaway – on June 24 and July 10 – or has reasonable 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 vacation occurs. If Lydia works her last routinely set up day of work before her leave, and her first frequently arranged day of work after her leave, or has sensible cause for failing to do so, she will be entitled to the paid public holiday.

Example: When there is no reasonable cause

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

Public holiday pay

The amount of public holiday pay to which an employee is entitled is all of the regular salaries made by the staff member in the four work weeks before the work week with the public holiday plus all of the trip pay payable to the employee with regard to the 4 work weeks before the work week with the public holiday, divided by 20.

When to include getaway pay in the estimation of public vacation pay

The quantity of trip pay payable to include in the estimation of public holiday pay depends on whether the worker is on holiday at any time throughout the four work weeks prior to the public holiday, and the manner in which the employee is to be paid vacation pay. Please refer to the Vacation chapter for info on the different ways getaway pay can be paid.

Vacation pay payable

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

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

If a worker is to get their getaway pay in a lump amount on a certain date or dates, trip pay will be consisted of in the estimation of public holiday pay just if that date or dates falls during the pertinent 4 work week duration.

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

The 4 weeks before the public vacation is based on 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 four work weeks used to calculate 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 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 vacation: Tuesday, December 25

In this example, the routine earnings earned by the worker and the vacation pay payable to the worker with respect to the four work weeks from November 22 to December 19 are utilized 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 regularly scheduled work day before the general public vacation and her first regularly arranged day after the vacation. She receives her holiday pay when her getaway 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 salaries made:
$ 120 each day X 5 days = $600 each week
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of regular incomes in the four work weeks before the general public vacation.

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

3. Combine her total salaries earned and vacation pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When trip time is included

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

1. Calculate Brock’s overall routine earnings earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

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

3. Combine his total earnings 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 vacation pay.

Example: When a staff member works part-time and each pay cheque includes trip pay

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

1. Calculate Tegan’s routine wages earned:.
$ 120 each day X 3 days = $360 per 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 per week X 4 weeks = $57.60.

3. Total her regular salaries earned 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 vacation pay.

Example: When there are no set hours and each pay cheque includes getaway pay

Bertie does not work a set number of hours per day or days each week. Her pay varies from week to week, according to the time she has actually worked. She and her company have agreed in composing that she will receive four percent getaway pay on each pay cheque.

1. Bertie’s routine earnings made throughout the four work weeks before the vacation are $1,500.

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

3. Combine her routine wages earned 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 staff member is on a leave

Zoe typically works five days a week, making $120 a day. She receives getaway 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 take advantage of the federal Employment Insurance program, however these benefits are not considered “salaries.”

Zoe is entitled to get public vacation spend for the general public holidays that fall during 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 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 holiday pay for Canada Day is:

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

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

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

Her public holiday pay for the rest of the public vacations that fall during her leave will be $0. This is due to the fact that she will not have actually made any salaries or getaway pay on any of the days during the 4 work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene generally works 5 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 getaway pay. He got employment insurance advantages during this time, however these advantages are not considered “earnings.”

Eugene was remembered to work on December 27. He is entitled to be paid public vacation pay 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 scheduled day after the layoff, or has affordable cause for stopping working to do so.

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

Premium pay

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

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

Substitute holiday

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

An alternative vacation must be arranged for a day that is no behind 3 months after the general public holiday for which it was earned, or, if the worker has agreed electronically or in composing, the substitute day of rest can be scheduled approximately 12 months after the public holiday.

If an employee gets a substitute vacation, the employer must provide the worker with a written statement that sets out the public holiday that is being substituted, the date of the replacement vacation, and the date that the declaration was offered to the employee. This statement must be supplied to the employee before the general public vacation.

Entitlements for public holidays

Entitlements for public vacations differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the employee deals with the vacation. The various privileges are set out listed below.

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

Most workers have the right to get the general public vacation off and earn money public vacation pay. (Some workers might be needed to deal with a public vacation. See “Special rules for specific industries” later in this chapter.)

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

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

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

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

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

Most staff members can get the general public holiday off and make money public holiday pay. However, if a worker agrees digitally or in writing to deal with the general public holiday, there are 2 choices:

– the staff member is entitled to get regular wages for all hours dealt with the public vacation, plus an alternative day of rest work with public holiday pay;.
or.

– if the staff member agrees electronically or in composing, they are entitled to public holiday pay for the public vacation plus premium spend for all hours dealt with the public holiday. In this case, the employee will not be offered a substitute 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 actually concurred digitally or in writing that he will work on the public holiday which, job rather of getting a replacement vacation, he will be paid public vacation pay plus premium spend for all the hours he works on the vacation.

John-Duncan frequently works 8 hours a day, five days a week. His routine 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 holiday pay when his vacation is taken. He was not on holiday throughout the four work weeks leading up to the public vacation

Step 1: calculate public holiday pay:

1. Calculate John-Duncan’s overall regular salaries earned in the 4 work weeks before the public vacation:
8 hours per day X $20 per hour = $160 each day
$ 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 public holiday.

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

3. Add together his total incomes 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: determine premium pay

Finally, the premium pay owing to John-Duncan for his work on the general public holiday 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 entitlement is $240.

Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for an overall of $400.

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

If a staff member has actually concurred digitally or in composing to deal with the public vacation however does not do so – and does not have sensible cause for job not having actually done so – the worker has no right to public vacation pay or to a substitute day off with pay.

However, if the worker has reasonable cause for not working the general public vacation, then entitlements will depend on which of the two choices listed below the worker chose in exchange for agreeing to deal with the public vacation:

– if the employee had actually agreed digitally or in writing to work on the public holiday for regular incomes plus an alternative day off with public vacation pay, the employee is entitled to a substitute day off work with public holiday pay;.
or.

– if the employee had concurred digitally or in writing to work on the public holiday 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 premium pay because they did not perform any work on the vacation.

When an employee works just a few of the hours they concurred to deal with a public vacation

If a worker has concurred digitally or in composing to work on the general public holiday however works only some of the hours they consented to work, and does not have reasonable cause for failing to work all of the hours, job the staff member is only entitled to receive premium spend for each hour worked on the holiday. The employee has no right to public holiday pay or a substitute day of rest work.

Example: A normal case

Trudi had concurred in composing that she would work 8 hours on Canada Day however she just worked four hours and did not have reasonable cause for stopping working to work the other 4 hours. Trudi is entitled only to premium pay for the 4 hours she dealt with the vacation. She is not entitled to public vacation pay or to an alternative day off work.

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

– the worker is entitled to their regular rate for all the hours worked plus a substitute day off work with public holiday pay;.
or.

– if the employee had actually agreed digitally or in writing to deal with the public vacation for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay plus premium pay for every hour dealt with the vacation.

Special rules for certain markets

Special guidelines use to employees who operate in the list below types of organizations:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– hospitals and assisted living home;.

– constant 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 casino if the games tables are open around the clock).

A staff member who works in any of these companies can be needed to work on a public vacation without their contract, but just if the holiday falls on a day that the employee would usually work and the staff member is not on vacation.

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

– their routine rate for the hours worked on the public holiday, plus an alternative day off work with public vacation pay;.
or.

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

The company selects which of these choices will apply.

Note that the employer’s capability to need employees to deal with a public holiday goes through the staff member’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the staff member’s work agreement. Note likewise that specific retail employees who work in constant operations (for example, a 24-hour corner store) deserve to refuse to work on a public holiday since of the special rules that apply to some retail employees. See the “Retail employees” chapter of this guide for more info.

An employee in the previously noted companies who is needed to deal with a public vacation that falls on their regular working day however fails to do so, with sensible cause, is entitled to:

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

– public vacation spend for the holiday.

The company selects which alternative will use.

A worker in any of these companies who is needed to work on a public holiday that falls on their ordinary working day however who fails, with affordable cause, to work a few of the hours they were required to deal with the vacation is entitled to either:

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

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

The company chooses which option will apply.

An in any of these organizations who is needed to deal with a public vacation that falls on their ordinary working day but who fails, without affordable cause, to work part or all of the general public holiday is just entitled to get premium 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 estimations when an employee gets premium pay

Any hours dealt with a public holiday that are compensated with exceptional pay are not included when identifying whether an employee has worked any overtime hours.

If employment ends

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