Qualified Employees can Be Full-time

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

Alternatively, the worker can concur digitally or employment in writing to deal with the vacation and be paid:

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

– be paid their regular wages for all hours dealt with the general public vacation and get another substitute vacation for which they must be paid public vacation pay.

Some employees might be needed to deal with a public vacation. (See “Special rules for specific industries” later in this Chapter.) While many workers are eligible for the public holiday entitlement, some employees operate in tasks that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if special guidelines apply, please describe the Guide to work requirements special rules and exemptions.

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

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

Regular incomes does not include any overtime pay, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of assignment pay payable to a staff member.

While some employers offer their workers a vacation on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the company is not required to do so under the ESA.

Performing both covered and exempt work

Some staff members 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 may be exempt from public vacation coverage.

If a worker performs both kinds of work, exempt and covered, they are qualified for the public holiday entitlement with respect to a particular public vacation 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 taxi driver (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is qualified for the public holiday entitlement for Canada Day.

Receiving public vacation entitlements

Generally, employees get approved for the public holiday entitlement unless they:

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

– stop working without reasonable cause to work their whole shift on the general public vacation if they accepted or were required to work that day.

Note: Most staff members who fail to receive the general public holiday privilege are still entitled to be paid exceptional pay for every hour they work on the vacation.

Qualified staff members can be complete time, part time, irreversible or on term agreement. It does not matter how recently they were hired, or the number of days they worked before the general public holiday.

The “last and very first rule”

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

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

Reasonable cause

An employee is normally thought about to have “reasonable cause” for missing out on work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had reasonable cause for remaining away from work. If they can do so, they still certify for public vacation entitlements.

How the last and first guideline works

Rosie’s routine work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment shuts 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 paid for the vacation.

Example: When an employee takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment shuts 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 public vacation since he has an individual consultation. His company agrees. Lev’s last regularly scheduled work day before the vacation is now thought about to be on the Wednesday.

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

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the holiday. Doris usually 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 agrees. Doris’s regularly set up shift on the Thursday before the general 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 failing to do so, she is entitled to the paid public vacation.

Example: When a staff member is on vacation

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last routinely arranged shift before his holiday and very first frequently 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 vacation.

Example: When a worker 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 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 holiday.

Example: When there is no reasonable cause

A falls on a Monday, and Ellen’s work environment is closed for the vacation. Ellen does not work on her last scheduled day before the vacation, and she does not have reasonable cause for missing out on that day. She receives no spend for the vacation.

Public holiday pay

The quantity of public vacation pay to which a worker is entitled is all of the regular salaries earned by the worker in the four work weeks before the work week with the general public holiday plus all of the getaway pay payable to the staff member with respect to the four 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 vacation pay

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

Vacation pay payable

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

If the worker is to be paid vacation pay with every pay cheque the quantity of holiday pay to include in the computation of public vacation pay will be at least four per cent of all of the worker’s wages made during the 4 work week period. (Note that if an employee makes a higher percentage of holiday pay, such as six percent of wages, then the “trip pay payable” will be based on that greater percentage.)

If an employee is to get their trip pay in a lump amount on a certain date or dates, trip pay will be included in the computation of public vacation pay just if that date or dates falls during the pertinent four work week period.

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

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 ranges from Thursday to Wednesday. In this case, the four work weeks used to compute public holiday pay are those four weeks counting in reverse from the very 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, employment 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 staff member and the trip pay payable to the worker with regard to the four work weeks from November 22 to December 19 are utilized in the calculation of public holiday pay.

Calculating public vacation pay

Iryna works five days a week and makes $120 a day. She worked her last regularly arranged work day before the public holiday and her very first frequently scheduled day after the holiday. She gets her getaway 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 incomes made:
$ 120 each day X 5 days = $600 per week
$ 600 weekly X 4 work weeks = $2,400.
Iryna made $2,400 of routine wages in the 4 work weeks before the public vacation.

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

3. Add together her total earnings earned and holiday 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 vacation time is included

Brock works 5 days a week and earns $160 a day. He was on vacation for 2 of the 4 weeks before the general public vacation. He receives trip pay before he takes his holiday. He is paid $1,600 vacation spend for his 2 weeks of trip. Brock worked his last regularly arranged work day before the general public holiday and his first regularly set up work day after the vacation.

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

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

3. Add together his overall earnings made and vacation payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Example: When a staff member works part-time and each pay cheque consists of holiday pay

Tegan works 3 days a week and earns $120 a day. She worked her last routinely set up work day before the general public holiday and her first routinely set up 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 regular earnings made:.
$ 120 daily X 3 days = $360 per week.
$ 360 weekly X 4 weeks = $1,440.

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

3. Total her routine incomes 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 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 agreed in composing that she will receive 4 per cent holiday pay on each pay cheque.

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

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

3. Total her routine wages 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 five days a week, earning $120 a day. She gets getaway pay before she goes on vacation. 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 vacation pay. She received maternity and adult take advantage of the federal Employment Insurance program, but these advantages are not considered “wages.”

Zoe is entitled to get public holiday pay for the general public holidays that fall throughout her leave as long as she works her last frequently scheduled day before her leave and her first routinely arranged day after her leave, or has reasonable cause for failing 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 salaries earned: $120 a day X 7 days = $840.

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

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

Her public holiday pay for the remainder of the public holidays that fall throughout her leave will be $0. This is since she will not have made any salaries or holiday pay on any of the days during the four work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene generally works 5 days a week, earning $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid wages or employment vacation pay. He got employment insurance advantages throughout this time, but these advantages are not considered “earnings.”

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

However, since Eugene did not earn any earnings or getaway pay in the 4 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 worker is entitled to get premium spend for deal with a public vacation, they must be paid 1 1/2 times their regular rate of pay for each hour worked.

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

Substitute vacation

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

A replacement vacation should be scheduled for a day that is no later on than three months after the public vacation for which it was made, or, if the employee has actually agreed electronically or in composing, the substitute day of rest can be scheduled up to 12 months after the public holiday.

If a worker receives a substitute vacation, the company must provide the staff member with a written statement that sets out the public vacation that is being substituted, the date of the alternative holiday, and the date that the declaration was offered to the worker. This declaration must be offered to the worker before the public vacation.

Entitlements for public vacations

Entitlements for public holidays differ 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 holiday. The different entitlements are set out below.

When a public vacation falls on a working day however the employee does not work

Most workers deserve to get the general public holiday off and make money public vacation pay. (Some staff members may be needed to deal with a public holiday. See “Special rules for particular industries” later on in this chapter.)

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

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

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

– public vacation pay for the public holiday, if the staff member agrees to this digitally or in writing (in this case, the employee will not be given an alternative day of rest).

When a staff member who receives the day off has actually agreed digitally or in writing to deal with a public holiday

Most workers have the right to get the public holiday off and make money public vacation pay. However, if a staff member concurs electronically or in writing to deal with the general public vacation, there are 2 options:

– the staff member is entitled to get routine incomes for all hours worked on the public vacation, plus an alternative day off deal with public vacation pay;.
or.

– if the employee agrees digitally or in writing, they are entitled to public vacation pay for the general public vacation plus premium spend for all hours worked on the general public vacation. In this case, the employee will not be given a substitute day off.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan routinely works eight hours a day, 5 days a week. His regular hourly pay rate is $20. He has dealt with all his scheduled work days in the four work weeks before the public holiday. He works 8 hours on the public vacation. He gets his vacation pay when his getaway is taken. He was not on vacation during the 4 work weeks leading up to the public vacation

Step 1: determine public vacation pay:

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

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

3. Add together his total wages 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: compute superior pay

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

When a worker concurs to deal with a public holiday but fails to do so

If a worker has 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 actually done so – the employee has no right to public vacation pay or to a substitute day of rest with pay.

However, if the worker has sensible cause for not working the general public holiday, then entitlements will depend on which of the two alternatives listed below the employee selected in exchange for accepting work on the general public holiday:

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

– if the staff member had actually agreed electronically or in composing 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 vacation spend for the vacation. The employee is not entitled to receive any premium pay due to the fact that they did not perform any work on the holiday.

When an employee works only a few of the hours they consented to deal with a public vacation

If an employee has agreed electronically or in composing to work on the public vacation but works only some of the hours they consented to work, and does not have sensible cause for failing to work all of the hours, the staff member is only entitled to receive exceptional spend for each hour dealt with the vacation. The employee has no right to public vacation pay or a substitute day of rest work.

Example: A common case

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

However, if the worker has reasonable cause for working just a few of the hours they accepted deal with the general public vacation, then:

– the staff member is entitled to their routine rate for all the hours worked plus a substitute day of rest work with public holiday pay;.
or.

– if the staff member had actually concurred electronically or in writing to deal with the public vacation for public vacation pay plus premium spend 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 particular markets

Special rules apply to employees who operate in the list below kinds of organizations:

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– hospitals and retirement 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 company or the games part of a gambling establishment if the games tables are open around the clock).

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

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

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

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

The employer picks which of these options will apply.

Note that the company’s ability to need staff members to work on a public vacation goes through 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 staff member’s employment agreement. Note also that certain retail employees who operate in continuous operations (for instance, a 24-hour convenience shop) deserve to decline to work on a public holiday because of the unique rules that apply to some retail employees. See the “Retail employees” chapter of this guide for more information.

A staff member in the formerly noted companies who is required to work on a public holiday that falls on their regular working day however fails to do so, with affordable cause, is entitled to:

– an alternative vacation with public vacation pay;.
or.

– public vacation pay for the vacation.

The employer chooses which choice will use.

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

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

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

The employer chooses which choice will apply.

An employee in any of these companies who is needed to work on a public vacation that falls on their common working day however who fails, without sensible cause, to work part or all of the general public holiday is only entitled to receive superior spend for each hour dealt with the vacation (if any). The worker has no right to public holiday pay or an alternative day off work.

Overtime computations when a worker receives exceptional pay

Any hours dealt with a public vacation 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 job pertains to an end before the worker can take a substitute vacation with public holiday pay that they have made. In this case, the company needs to pay the worker’s public vacation pay at the very same time it pays the employee’s final wages. This is so regardless of the reason the job came to an end, whether it is due to the fact that the employee gave up, was fired for great factor, or for some other factor.