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 work on the vacation and be paid:

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

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

Some workers may be needed to work on a public vacation. (See “Special guidelines for particular markets” later in this Chapter.) While many workers are qualified for the general public vacation privilege, some workers work in tasks that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To determine whether a job is covered, or if special rules use, please describe the Guide to employment standards unique guidelines and exemptions.

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

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

Regular wages does not include any overtime pay, vacation 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 provide their workers a holiday 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 employees perform more than one type of work for an employer. Some of this work might be covered by the public holiday part of the ESA, while another kind of work might be exempt from public holiday coverage.

If an employee performs both sort of work, exempt and covered, they are qualified for the general public vacation privilege with regard to a specific public holiday if at least 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 company as both a taxi cab motorist (work that is exempt from public vacation coverage) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is eligible for the general public holiday privilege for Canada Day.

Receiving public entitlements

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

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

– fail without sensible cause to work their whole shift on the general public holiday if they consented to or were required to work that day.

Note: Most staff members who fail to qualify for the general public vacation privilege are still entitled to be paid premium spend for job every hour they work on the holiday.

Qualified staff members can be full-time, part time, job long-term or on term contract. It does not matter how recently they were worked with, or how numerous days they worked before the general public holiday.

The “last and very first guideline”

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

For example, an employee might not be scheduled to work the day right before or after the vacation. As long as the worker works all of their last regularly 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 satisfy this certifying requirement.

Reasonable cause

A worker is usually thought about to have “affordable cause” for missing work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had reasonable cause for keeping away from work. If they can do so, they still certify 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 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 failing to work either of those days, she qualifies to be paid for the vacation.

Example: When a worker takes a day off

A public holiday falls on a Monday, and Lev’s workplace closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his employer for approval to remove the Thursday before the general public holiday because he has an individual appointment. His company agrees. Lev’s last routinely set up work day before the holiday is now considered to be on the Wednesday.

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

Example: When a worker is on getaway

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

A public holiday falls on a Monday, and job Ellen’s workplace is closed for the holiday. 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 spend for the vacation.

Public vacation pay

The quantity of public holiday pay to which a staff member is entitled is all of the regular incomes made by the employee in the four work weeks before the work week with the public holiday plus all of the trip pay payable to the worker with respect to the 4 work weeks before the work week with the general public vacation, divided by 20.

When to consist of getaway pay in the estimation of public holiday pay

The quantity of vacation pay payable to consist of in the calculation of public holiday pay depends upon whether the staff member is on vacation at any time during the 4 work weeks prior to the general public holiday, and the way in which the staff member is to be paid trip pay. Please refer to the Vacation chapter for details on the various methods getaway pay can be paid.

Vacation pay payable

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

If the staff member is to be paid vacation pay with every pay cheque the amount of holiday pay to consist of in the calculation of public holiday pay will be at least 4 percent of all of the employee’s wages earned during the four work week duration. (Note that if an employee makes a greater portion of getaway pay, such as six per cent of earnings, then the “holiday pay payable” will be based upon that greater percentage.)

If an employee is to receive their holiday pay in a swelling amount on a specific date or dates, holiday pay will be included in the calculation of public vacation pay only if that date or dates falls throughout the pertinent 4 work week duration.

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

The four 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 an employer’s work week runs from Thursday to Wednesday. In this case, the 4 work weeks used to compute public holiday pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the company’s work week) before the work week in which the public holiday falls.

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

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

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

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

Public holiday: Tuesday, December 25

In this example, the regular earnings made by the staff member and the vacation pay payable to the worker with regard to the 4 work weeks from November 22 to December 19 are utilized in the estimation of public vacation pay.

Calculating public holiday pay

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

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

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

3. Add together her overall wages made and getaway 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 vacation time is involved

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

1. Calculate Brock’s overall routine wages made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Combine his overall salaries earned 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 vacation pay

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

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

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

3. Total her regular salaries earned and vacation 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 vacation pay

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

1. Bertie’s regular wages made during the four work weeks before the vacation are $1,500.

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

3. Total her routine incomes made 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 vacation pay.

Example: When a worker is on a leave

Zoe usually works 5 days a week, making $120 a day. She gets getaway pay before she goes on trip. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave.

During her leaves, she was not paid salaries or getaway pay. She got maternity and parental advantages from the federal Employment Insurance program, but these benefits are not considered “salaries.”

Zoe is entitled to receive public vacation pay for the public holidays that fall during her leave as long as she works her last regularly set up day before her leave and her very first frequently scheduled day after her leave, or has reasonable cause for failing to do so.

Zoe went on leave on June 10 and just worked 7 days throughout the four work weeks before the Canada Day public vacation. Her public vacation pay for Canada Day is:

– Regular earnings made: $120 a day X 7 days = $840.

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

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

Her public vacation spend for the remainder of the public holidays that fall throughout her leave will be $0. This is since she will not have actually earned any earnings 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 typically works 5 days a week, making $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 ruled out “earnings.”

Eugene was recalled 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 routinely scheduled day before the layoff and his first routinely set up day after the layoff, or has reasonable cause for stopping working to do so.

However, since Eugene did not earn any salaries or trip pay in the four work weeks before those 2 public holidays, the quantity of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a staff member’s regular rate of pay. If a staff member is entitled to get premium pay for work on a public holiday, they need to 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 indicates that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

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

An alternative holiday should be arranged for a day that is no behind three months after the public holiday for which it was earned, or, if the employee has concurred electronically or in composing, the alternative day of rest can be scheduled as much as 12 months after the public holiday.

If a worker receives a substitute vacation, the employer needs to supply the employee with a composed statement that sets out the general public vacation that is being substituted, the date of the replacement vacation, and the date that the statement was offered to the employee. This statement should be supplied to the employee before the public holiday.

Entitlements for public vacations

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

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

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

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

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

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

– public vacation pay for the general public holiday, job if the staff member agrees to this electronically or in writing (in this case, the worker will not be offered an alternative day off).

When a worker who receives the day off has agreed electronically or in composing to work on a public vacation

Most staff members deserve to get the public holiday off and get paid public holiday pay. However, if a staff member agrees digitally or in writing to work on the general public holiday, there are 2 alternatives:

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

– if the staff member concurs electronically or in composing, they are entitled to public vacation pay for job the public vacation plus premium pay for all hours dealt with the general public holiday. In this case, the worker will not be provided a substitute day off.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan routinely works 8 hours a day, 5 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 public holiday. He works 8 hours on the general public vacation. He receives his trip pay when his trip is taken. He was not on vacation throughout the four work weeks leading up to the general public holiday

Step 1: determine public holiday pay:

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

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

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

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

Step 2: calculate superior pay

Finally, the premium pay owing to John-Duncan for his deal with the 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 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 concurs to work on a public vacation however fails to do so

If a worker has actually agreed digitally or in writing to work on the public holiday however does not do so – and does not have reasonable cause for not having actually done so – the staff member has no right to public vacation pay or to a substitute day of rest with pay.

However, if the staff member has sensible cause for not working the public holiday, then privileges will depend upon which of the two choices listed below the staff member selected in exchange for agreeing to deal with the public vacation:

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

– if the employee had actually concurred electronically or in composing to work on the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for job the holiday. The employee is not entitled to receive any premium pay because they did not carry out any work on the vacation.

When an employee works just a few of the hours they consented to deal with a public holiday

If an employee has actually concurred electronically or in writing to work on the public holiday but works just some of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the staff member is only entitled to get premium pay for each hour worked on the holiday. The staff member has no right to public vacation pay or a substitute day of rest work.

Example: A typical case

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

However, if the employee has affordable cause for working just some of the hours they consented to work on the public holiday, then:

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

– if the employee had concurred digitally or in composing to work on the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour worked on the holiday.

Special guidelines for specific markets

Special guidelines use to staff members who work in the list below kinds of organizations:

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– health centers and retirement home;.

– constant 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 staff member who works in any of these businesses can be required to work on a public vacation without their agreement, but only if the vacation falls on a day that the employee would typically work and the worker is not on vacation.

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

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

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

The employer selects which of these options will apply.

Note that the employer’s capability to need workers to deal with a public holiday undergoes the worker’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the worker’s employment agreement. Note likewise that certain retail workers who work in continuous operations (for example, a 24-hour corner store) can decline to work on a public holiday since of the special guidelines that apply to some retail workers. See the “Retail employees” chapter of this guide for more info.

An employee in the formerly noted businesses who is needed to work on a public vacation that falls on their ordinary working day however fails to do so, with reasonable cause, is entitled to:

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

– public vacation spend for the holiday.

The employer selects which alternative will apply.

An employee in any of these companies who is needed to work on a public holiday that falls on their ordinary working day but who fails, with reasonable cause, to work some of the hours they were required to work on the vacation is entitled to either:

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

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

The employer chooses which choice will use.

An employee in any of these services who is required to work on a public vacation that falls on their ordinary working day but who stops working, without affordable cause, to work part or all of the public holiday is just entitled to receive premium spend for each hour worked on the holiday (if any). The employee has no right to public holiday pay or a substitute day of rest work.

Overtime estimations when a worker gets premium pay

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

If employment ends

Sometimes a worker’s job pertains to an end before the staff member can take an alternative vacation with public holiday pay that they have made. In this case, the employer must pay the staff member’s public vacation pay at the same time it pays the employee’s final wages. This is so regardless of the factor the job pertained to an end, whether it is due to the fact that the staff member gave up, was fired for great factor, or for some other factor.