Qualified Employees can Be Full-time

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

Alternatively, the staff member can agree digitally or in writing to deal with the vacation and be paid:

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

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

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

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

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 project pay payable to a worker.

While some employers give their employees a holiday on Easter Sunday, Easter Monday, the first Monday in August, employment or Remembrance Day, the company is not needed to do so under the ESA.

Performing both covered and exempt work

Some workers perform more than one kind of work for an employer. A few of this work may be covered by the public holiday part of the ESA, while another sort of work might be exempt from public holiday coverage.

If a worker performs both kinds of work, exempt and covered, they are eligible for the public holiday entitlement with regard to a particular public vacation if a minimum of 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 cab driver (work that is exempt from public vacation protection) 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 holiday part of the ESA, he is qualified for the public vacation privilege for Canada Day.

Receiving public vacation privileges

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

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

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

Note: Most employees who stop working to receive the general public holiday privilege are still entitled to be paid premium spend for every hour they work on the vacation.

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

The “last and first guideline”

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

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

Reasonable cause

A worker is typically considered to have “sensible cause” for missing work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had sensible cause for keeping away from work. If they can do so, they still get approved for public holiday entitlements.

How the last and very first guideline works

Rosie’s routine work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment closes down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the holiday, employment or has affordable cause for stopping working to work either of those days, she qualifies to be spent for the vacation.

Example: When a staff member takes a day off

A public vacation falls on a Monday, and Lev’s work environment closes down for that day. Lev frequently works Monday to Thursday. Lev has asked his employer for authorization to take off the Thursday before the public vacation since he has a personal visit. His company agrees. Lev’s last frequently set up work day before the vacation 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 holiday, or has sensible cause for not working either of those days, he gets approved for the paid public vacation.

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s office 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 routinely set up shift on the Thursday before the 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 stopping working to do so, she is entitled to the paid public holiday.

Example: When a worker is on trip

Canada Day falls on July 1. George is on holiday from June 25 to July 9. If George works all of his last routinely scheduled shift before his holiday and first frequently scheduled shift after his vacation – on June 24 and July 10 – or has sensible cause for stopping working to do so, he will receive the paid public vacation.

Example: employment 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 scheduled day of work before her leave, and her very first routinely set up day of work after her leave, or has sensible cause for stopping working to do so, she will be entitled to the paid public vacation.

Example: When there is no sensible cause

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

Public holiday pay

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

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

The amount of vacation pay payable to consist of in the calculation of public vacation pay depends on whether the employee is on trip at any time during the four work weeks prior to the public vacation, and the way in which the employee is to be paid holiday pay. Please refer to the Vacation chapter for details on the various ways holiday pay can be paid.

Vacation pay payable

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

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

If a staff member is to get their trip pay in a amount on a certain date or dates, getaway pay will be consisted of in the computation of public holiday pay only if that date or dates falls during the appropriate four work week period.

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

The 4 weeks before the public vacation is based upon 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 4 work weeks utilized to determine public vacation pay are those four weeks counting backwards from the very 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 wages earned by the employee and the vacation pay payable to the worker with regard to the 4 work weeks from November 22 to December 19 are used in the computation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Add together her overall earnings made and getaway pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When vacation time is involved

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

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

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

3. Combine his total wages earned and holiday 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 worker works part-time and each pay cheque includes holiday pay

Tegan works three days a week and makes $120 a day. She worked her last regularly scheduled work day before the general public vacation and her very first frequently set up day after the holiday. She and her employer have actually concurred in writing that she will receive 4 percent vacation pay on each paycheque.

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

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

3. Add together her regular wages made and employment 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 includes holiday pay

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

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

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

3. Add together her regular earnings earned and holiday 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 worker is on a leave

Zoe usually works 5 days a week, making $120 a day. She receives 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 salaries or getaway pay. She received maternity and adult take advantage of the federal Employment Insurance program, however these advantages are ruled out “earnings.”

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

Zoe went on leave on June 10 and only worked 7 days during the 4 work weeks before the Canada Day public holiday. Her public holiday spend for Canada Day is:

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

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

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

Her public holiday spend for the rest of the public holidays that fall during 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 four work weeks before each of those holidays.

Example: When a staff member is on a layoff

Eugene generally works five days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid incomes or getaway pay. He received work insurance coverage benefits during this time, but these benefits are ruled out “incomes.”

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

However, because Eugene did not make any incomes or trip pay in the 4 work weeks before those two public vacations, the quantity of public holiday pay he is entitled to will be $0.

Premium pay

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

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

Substitute holiday

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

A replacement holiday need to be scheduled for a day that is no behind 3 months after the general public vacation for which it was earned, or, if the worker has concurred electronically or in composing, employment the alternative day of rest can be arranged up to 12 months after the public holiday.

If an employee gets a replacement holiday, the company should supply the worker with a written declaration that sets out the public vacation that is being replaced, the date of the alternative holiday, and the date that the statement was provided to the employee. This declaration needs to be supplied to the worker before the general public holiday.

Entitlements for public holidays

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

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

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

When a public vacation falls on an employee’s non-working day or during an employee’s vacation

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

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

– public holiday spend for the public vacation, if the staff member accepts this digitally or in composing (in this case, the worker will not be offered a substitute day off).

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

Most workers can get the general public vacation off and get paid public vacation pay. However, if an employee concurs digitally or in composing to work on the general public vacation, there are 2 choices:

– the employee is entitled to receive routine wages for all hours worked on the public holiday, employment plus an alternative day off deal with public vacation pay;.
or.

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

Example: Calculating public vacation pay plus premium pay

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

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

Step 1: calculate public vacation pay:

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

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

3. Add together his overall earnings earned and holiday 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 superior pay

Finally, the premium pay owing to John-Duncan for his deal with the public vacation is computed:.
$ 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 a total of $400.

When an employee accepts deal with a public holiday however fails to do so

If a staff member has concurred digitally or in composing to deal with the general public vacation however does not do so – and does not have affordable cause for not having actually done so – the employee has no right to public holiday pay or to an alternative day of rest with pay.

However, if the worker has reasonable cause for not working the public holiday, then privileges will depend upon which of the 2 options below the worker picked in exchange for accepting work on the general public vacation:

– if the employee had actually agreed electronically or in composing to deal with the general public vacation for regular earnings plus a substitute day off with public vacation pay, the worker is entitled to an alternative day off work with public vacation pay;.
or.

– if the employee had concurred digitally or in composing to deal with the general public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday spend for the holiday. The worker is not entitled to get any exceptional pay because they did not carry out any work on the vacation.

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

If a worker has agreed digitally or in writing to work on the general public holiday however works just some of the hours they accepted work, and does not have sensible cause for failing to work all of the hours, the worker is just entitled to receive superior pay for each hour dealt with the holiday. The employee has no right to public holiday pay or a substitute day of rest work.

Example: A common case

Trudi had actually agreed in composing that she would work eight hours on Canada Day but she just worked four hours and did not have reasonable cause for failing to work the other 4 hours. Trudi is entitled only to premium pay for the four hours she worked on the vacation. She is not entitled to public vacation pay or to a substitute day off work.

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

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

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

Special guidelines for specific markets

Special guidelines apply to employees who work in the list below kinds of companies:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– medical facilities and assisted living home;.

– continuous 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 company or the video games part of a gambling establishment if the video games tables are open around the clock).

A worker who operates in any of these businesses can be required to work on a public holiday without their agreement, however only if the vacation falls on a day that the worker would typically work and the worker is not on trip.

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

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

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

The employer selects which of these options will apply.

Note that the company’s ability to need workers to deal with a public holiday is subject to the staff member’s right to take a day of rest for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee’s employment agreement. Note likewise that particular retail employees who operate in constant operations (for instance, a 24-hour corner store) can refuse to work on a public holiday due to the fact that of the unique rules that apply to some retail workers. See the “Retail employees” chapter of this guide for more details.

A worker in the previously listed services who is required to work on a public vacation that falls on their ordinary working day but fails to do so, with affordable cause, is entitled to:

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

– public vacation pay for the vacation.

The employer selects which choice will apply.

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

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

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

The company picks which choice will apply.

A staff member in any of these services who is required to deal with a public vacation that falls on their normal working day but who stops working, without affordable cause, to work part or all of the public holiday is just entitled to receive superior pay for each hour dealt with the vacation (if any). The employee has no right to public vacation pay or an alternative day off work.

Overtime calculations when an employee receives premium pay

Any hours worked on a public holiday that are compensated with exceptional pay are not consisted of when determining whether an employee has worked any overtime hours.

If employment ends

Sometimes a staff member’s task comes to an end before the staff member 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 holiday pay at the same time it pays the worker’s last incomes. This is so no matter the factor the task came to an end, whether it is due to the fact that the worker quit, was fired for good reason, or for some other factor.