Qualified Employees can Be Full Time

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

Alternatively, job the employee can concur digitally or in writing to work on the holiday and be paid:

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

– be paid their routine wages for all hours worked on the public holiday and receive another substitute holiday for which they need to be paid public holiday pay.

Some workers may be required to work on a public vacation. (See “Special rules for certain markets” later on in this Chapter.) While a lot of staff members are eligible for the public holiday privilege, some workers operate in jobs 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 use, please describe the Guide to employment requirements unique guidelines and exemptions.

Use the Employment Standards Self-Service Tool to inspect compliance with public holidays and other work standards entitlements.

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

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

While some companies give 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 sort of work for an employer. A few of this work may be covered by the public holiday part of the ESA, while another kind of work might be exempt from public vacation coverage.

If a staff member carries out both sort of work, exempt and covered, they are qualified for the public vacation entitlement with regard to a specific public holiday if at least half of the work performed in the work week of the public holiday is work that is covered.

Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public holiday 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 public holiday entitlement for Canada Day.

Getting approved for public vacation entitlements

Generally, workers receive the general public holiday entitlement unless they:

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

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

Note: job Most workers who fail to get approved for the general public vacation entitlement are still entitled to be paid exceptional spend for every hour they deal with the vacation.

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

The “last and very first guideline”

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

For example, job an employee may 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 regularly scheduled shift before the holiday 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 staff member is normally considered to have “reasonable cause” for missing work when something beyond their control avoids the staff member from working. Employees are accountable for job showing that they had sensible cause for remaining away from work. If they can do so, they still get approved for public holiday privileges.

How the last and first rule works

Rosie’s regular 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 holiday and the Tuesday after the holiday, or has affordable cause for stopping working to work either of those days, she qualifies to be paid for the vacation.

Example: job When a worker takes a day off

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 asked his company for approval to take off the Thursday before the public holiday because he has a personal appointment. His employer agrees. Lev’s last regularly scheduled work day before the holiday is now thought about to be on the Wednesday.

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

Example: When a worker 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 desires to leave at 3 p.m. on the Thursday before the public vacation. The company agrees. Doris’s regularly scheduled shift on the Thursday before the general public holiday is now thought about to be from 9 a.m. to 3 p.m.

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

Example: When a staff member 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 scheduled shift before his getaway and very first frequently set up shift after his getaway – on June 24 and July 10 – or has reasonable cause for stopping working to do so, he will get approved for the paid public holiday.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last routinely arranged 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 holiday.

Example: When there is no sensible cause

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

Public vacation pay

The quantity of public holiday pay to which an employee is entitled is all of the regular incomes earned by the worker in the 4 work weeks before the work week with the public holiday plus all of the vacation pay payable to the employee with regard to the four work weeks before the work week with the public vacation, divided by 20.

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

The quantity of trip pay payable to consist of in the computation of public holiday pay depends on whether the worker is on vacation at any time throughout the four work weeks prior to the general public vacation, and the manner in which the employee is to be paid vacation 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 trip or on or before the pay day for the period in which the holiday falls, holiday pay will be included in the calculation of public holiday pay if the staff member was on trip during that 4 work week duration. If the worker was not on holiday during that period, no getaway pay will be included in the computation.

If the employee is to be paid holiday pay with every pay cheque the amount of getaway pay to consist of in the estimation 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 an employee earns a higher portion of holiday pay, such as six per cent of incomes, then the “vacation pay payable” will be based on that higher portion.)

If an employee is to get their vacation pay in a lump amount on a certain date or dates, getaway pay will be included in the computation of public vacation pay only if that date or dates falls throughout the relevant 4 work week duration.

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

The 4 weeks before the public holiday is based upon the company’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 utilized to compute public holiday pay are those four weeks counting in reverse from the first Wednesday (the last day of the company’s work week) before the work week in which the general public vacation falls.

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

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

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

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

Public holiday: Tuesday, December 25

In this example, the routine incomes made by the employee and the vacation pay payable to the worker with regard to the four work weeks from November 22 to December 19 are used in the estimation of public vacation pay.

Calculating public holiday pay

Iryna works five days a week and makes $120 a day. She worked her last frequently arranged work day before the public holiday and her first routinely arranged day after the vacation. She receives her trip pay when her getaway is taken. She was not on holiday throughout the 4 work weeks leading up to the public vacation.

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

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

3. Add together her total incomes 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 holiday time is included

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

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

2. Calculate the amount of trip pay:.
Brock was on trip for two of the 4 work weeks prior to the work week with the public vacation, and is paid holiday pay before he takes his vacation. The amount of vacation pay payable with respect to the 4 work weeks prior to the work week with the 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 staff member works part-time and each pay cheque consists of pay

Tegan works 3 days a week and earns $120 a day. She worked her last frequently arranged work day before the public vacation and her very first routinely set up day after the vacation. She and her company have actually agreed in composing that she will get four percent trip pay on each paycheque.

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

3. Add together her routine salaries made and getaway 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 trip pay

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

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

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

3. Combine her routine earnings made and getaway 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 worker is on a leave

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

During her leaves, she was not paid incomes or getaway pay. She got maternity and adult gain from the federal Employment Insurance program, however these benefits are not considered “wages.”

Zoe is entitled to get public vacation pay for the general public holidays that fall during her leave as long as she works her last regularly set up day before her leave and her first routinely set up day after her leave, or has reasonable cause for stopping working to do so.

Zoe went on leave on June 10 and just worked seven days throughout the 4 work weeks before the Canada Day public vacation. Her public vacation spend for Canada Day is:

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

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

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

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

Example: When a staff member is on a layoff

Eugene usually works 5 days a week, earning $100 a day. He was placed on temporary layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He received work insurance advantages throughout this time, but these advantages are ruled out “wages.”

Eugene was recalled to work on December 27. He is entitled to be paid public holiday pay 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 set up day after the layoff, or has reasonable cause for stopping working to do so.

However, due to the fact that Eugene did not make 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 receive premium pay for work on a public vacation, they need to be paid 1 1/2 times their regular rate of spend for each hour worked.

For instance, Nathan’s routine 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 holiday

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

A replacement vacation must be arranged for a day that is no behind 3 months after the public vacation for which it was made, or, if the staff member has concurred electronically or in writing, the alternative day of rest can be arranged up to 12 months after the public vacation.

If a worker gets an alternative vacation, the company needs to offer the staff member with a composed statement that sets out the general public holiday that is being substituted, the date of the alternative vacation, and the date that the statement was provided to the worker. This statement must be offered to the worker before the public holiday.

Entitlements for public holidays

Entitlements for public holidays differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the staff member works on the vacation. The various entitlements are set out listed below.

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

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

When a public holiday falls on an employee’s non-working day or during a staff member’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 trip, the staff member is entitled to either:

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

– public holiday spend for the public vacation, if the worker concurs to this digitally or in writing (in this case, the worker will not be provided a substitute day off).

When a staff member who qualifies for the day of rest has actually concurred electronically or in writing to deal with a public vacation

Most workers have the right to get the general public vacation off and get paid public vacation pay. However, if a worker concurs digitally or in writing to work on the public holiday, there are 2 options:

– the employee is entitled to receive routine wages for all hours dealt with the general public holiday, plus an alternative day of rest work with public vacation pay;.
or.

– if the staff member agrees digitally or in writing, they are entitled to public vacation spend for the general public vacation plus premium spend for all hours dealt with the general public vacation. In this case, the employee will not be provided an alternative day of rest.

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 actually agreed digitally or in writing that he will deal with the general public holiday and that, instead of getting a substitute holiday, he will be paid public vacation pay plus premium spend for all the hours he deals with the holiday.

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

Step 1: calculate public holiday pay:

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

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

3. Combine his total wages earned and vacation pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: calculate exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with 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 premium pay of $240, for an overall of $400.

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

If an employee has agreed electronically or in composing to work on the general public vacation but does not do so – and does not have affordable cause for not having done so – the worker has no right to public vacation pay or to a substitute day of rest with pay.

However, if the employee has affordable cause for not working the public holiday, then privileges will depend on which of the two choices below the staff member selected in exchange for concurring to deal with the general public vacation:

– if the employee had actually agreed digitally or in composing to deal with the public vacation for routine earnings plus a substitute day of rest with public vacation pay, the staff member is entitled to a substitute day of rest deal with public vacation pay;.
or.

– if the staff member had concurred digitally or in composing to work on the general public vacation for public vacation pay plus premium pay for each hour worked, job they are entitled to be paid public holiday pay for the holiday. The staff member is not entitled to receive any premium pay because they did not perform any deal with the vacation.

When an employee works only some of the hours they consented to work on a public holiday

If a worker has actually agreed electronically or in writing to work on the public holiday however works only some of the hours they accepted work, and does not have sensible cause for stopping working to work all of the hours, the staff member is just entitled to get exceptional spend for each hour worked on the holiday. The staff member has no right to public holiday pay or an alternative day off work.

Example: A normal case

Trudi had actually agreed in writing 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 4 hours. Trudi is entitled only to premium spend for the four hours she worked on the vacation. She is not entitled to public holiday pay or to an alternative day of rest work.

However, if the staff member has sensible cause for working just a few of the hours they accepted deal with the public holiday, then:

– the worker is entitled to their routine rate for all the hours worked plus a substitute day of rest deal with public vacation pay;.
or.

– if the worker had agreed electronically or in writing to deal with the general public holiday for public holiday 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 holiday.

Special rules for certain industries

Special guidelines use to workers who work in the list below types of businesses:

– hotels, motels and traveler resorts;.

– dining establishments and taverns;.

– hospitals and nursing homes;.

– constant operations (which are operations, or parts of operations, that do not stop or close more than once a week – such as an oil refinery, alarm-monitoring company or the games part of a gambling establishment if the video games tables are open around the clock).

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

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

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

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

The employer selects which of these choices will apply.

Note that the company’s capability to require employees to work on a public vacation goes through the employee’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the worker’s work agreement. Note likewise that certain retail employees who work in continuous operations (for example, job a 24-hour corner store) deserve to decline to work on a public holiday because of the special rules that use to some retail employees. See the “Retail workers” chapter of this guide for more details.

A staff member in the previously noted businesses who is needed to work on a public holiday that falls on their ordinary working day but stops working to do so, with affordable cause, is entitled to:

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

– public holiday pay for the holiday.

The company chooses which choice will apply.

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

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

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

The employer picks which choice will apply.

An employee in any of these services who is needed to work on a public holiday 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 get exceptional spend for each hour dealt with the vacation (if any). The employee has no right to public holiday pay or an alternative day off work.

Overtime computations when a worker receives superior pay

Any hours worked on a public vacation that are compensated with superior pay are not included when determining whether a worker has actually worked any overtime hours.

If employment ends

Sometimes a worker’s task concerns an end before the employee can take a substitute holiday with public holiday pay that they have actually earned. In this case, the employer must pay the worker’s public vacation pay at the exact same time it pays the staff member’s final earnings. This is so no matter the factor the job came to an end, whether it is because the staff member gave up, was fired for great reason, or for some other reason.