Qualified Employees can Be Full Time

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

Alternatively, the staff member can concur electronically or in writing to work on the vacation 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 incomes for all hours worked on the general public vacation and receive another alternative vacation for which they must be paid public vacation pay.

Some employees may be needed to work on a public vacation. (See “Special rules for particular industries” later on in this Chapter.) While most employees are qualified for the public vacation entitlement, some workers operate in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if special guidelines apply, please refer to the Guide to work requirements special rules and exemptions.

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

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

Regular wages does not consist of any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to a worker.

While some companies 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 carry out more than one sort of work for an employer. A few of this work might be covered by the public holiday part of the ESA, while another sort of work might be exempt from public vacation coverage.

If a worker performs both kinds of work, exempt and covered, they are eligible for the public vacation privilege with regard to a particular public vacation if at least half of the work performed in the work week of the general public holiday is work that is covered.

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public vacation coverage) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.

Receiving public vacation privileges

Generally, staff members get approved for the public holiday privilege unless they:

– fail without reasonable cause to work all of their last frequently scheduled day of work before the general public holiday or all of their very first routinely arranged day of work after the general 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 employees who stop working to receive the general public holiday privilege are still entitled to be paid superior spend for every hour they deal with the vacation.

Qualified employees can be full time, part time, permanent or on term contract. 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 first rule”

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

For instance, an employee might not be set up to work the day right before or after the holiday. As long as the employee works all of their last routinely set up shift before the holiday and all of the very first one after it, or has reasonable cause for not working either of those days, they satisfy this qualifying criterion.

Reasonable cause

An employee is generally considered to have “affordable cause” for missing out on work when something beyond their control avoids the worker from working. Employees are accountable for revealing that they had sensible cause for staying away from work. If they can do so, they still certify for public vacation privileges.

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 office shuts down for that day. If Rosie works the whole 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 spent for referall.us the holiday.

Example: When an employee takes a day of rest

A public vacation falls on a Monday, and Lev’s workplace closes down for that day. Lev frequently works Monday to Thursday. Lev has asked his company for permission to remove the Thursday before the public vacation because he has an individual appointment. His company agrees. Lev’s last regularly scheduled 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 whole Tuesday shift after the holiday, or has reasonable cause for not working either of those days, he receives the paid public vacation.

Example: When a staff member leaves early

A public vacation falls on a Friday, and Doris’s office is closed for the vacation. 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 general public vacation. The company concurs. Doris’s routinely scheduled 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 reasonable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a worker is on trip

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 getaway and very first regularly scheduled shift after his trip – on June 24 and July 10 – or has reasonable cause for failing to do so, he will certify for the paid public holiday.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday takes place. If Lydia works her last routinely set up day of work before her leave, and her very first regularly 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 holiday.

Example: When there is no affordable cause

A public holiday falls on a Monday, and Ellen’s office 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 pay for the holiday.

Public vacation pay

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

When to include vacation pay in the calculation of public holiday pay

The amount of trip pay payable to include in the estimation of public holiday pay depends upon whether the employee is on holiday at any time during the 4 work weeks prior to the public vacation, and the way in which the staff member is to be paid holiday pay. Please describe the Vacation chapter for info on the different methods trip pay can be paid.

Vacation pay payable

If the worker is to be paid their getaway 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 consisted of in the calculation of public holiday pay if the staff member was on vacation throughout that four work week duration. If the staff member was not on holiday during that period, no vacation pay will be included in the computation.

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

If a staff member is to get their trip pay in a swelling amount on a particular date or dates, holiday pay will be consisted of in the estimation of public vacation pay just if that date or dates falls during the pertinent four work week duration.

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

The four weeks before the public vacation is based on the employer’s work week and is not necessarily a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the 4 work weeks utilized to calculate 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 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 vacation: Tuesday, December 25

In this example, the routine earnings earned by the staff member and the getaway pay payable to the staff member with regard to the four work weeks from November 22 to December 19 are utilized in the calculation of public vacation pay.

Calculating public holiday pay

Iryna works 5 days a week and earns $120 a day. She worked her last routinely scheduled work day before the general public holiday and her very first routinely scheduled day after the holiday. She receives her holiday pay when her vacation is taken. She was not on vacation throughout the four work weeks leading up to the general public vacation.

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

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

3. Add together her overall wages 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 holiday time is involved

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

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

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

3. Combine his overall earnings made and getaway payable and divide the sum 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 includes trip pay

Tegan works 3 days a week and earns $120 a day. She worked her last regularly arranged work day before the general public holiday and her first routinely arranged day after the vacation. She and her employer have actually concurred in composing that she will receive four percent trip pay on each paycheque.

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

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

3. Add together her regular salaries made and holiday pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque consists of trip pay

Bertie does not work a set variety of hours per day or days each week. Her pay differs from week to week, according to the time she has actually worked. She and her employer have agreed in writing that she will get 4 per cent getaway pay on each pay cheque.

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

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

3. Combine her routine incomes earned and vacation pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public vacation pay.

Example: When a staff member is on a leave

Zoe usually works 5 days a week, earning $120 a day. She receives trip 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 getaway pay. She received maternity and parental gain from the federal Employment Insurance program, but these benefits are not considered “earnings.”

Zoe is entitled to receive public holiday pay for the general public holidays that fall during her leave as long as she works her last routinely scheduled day before her leave and her very first regularly scheduled day after her leave, or has affordable 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 incomes earned: $120 a day X 7 days = $840.

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

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

Her public vacation pay for the rest of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have earned any earnings or getaway 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 normally works five days a week, earning $100 a day. He was positioned on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or holiday pay. He got employment insurance benefits throughout this time, but these benefits are ruled out “salaries.”

Eugene was recalled to work on 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 arranged day before the layoff and his very first routinely scheduled day after the layoff, or has sensible cause for failing 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 amount of public holiday pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a staff member’s routine rate of pay. If a worker is entitled to receive exceptional spend for deal with a public vacation, they must be paid 1 1/2 times their routine rate of pay for each hour worked.

For instance, Nathan’s regular 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 vacation

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 spend for a replacement vacation.

A substitute holiday must be scheduled for a day that is no later on than three months after the public holiday for which it was made, or, if the employee has actually concurred electronically or in writing, the alternative day off can be scheduled up to 12 months after the public vacation.

If a staff member receives a substitute vacation, the employer needs to supply the staff member with a composed declaration that sets out the public holiday that is being replaced, the date of the alternative holiday, and the date that the statement was offered to the worker. This statement should be provided to the staff member before the general public vacation.

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 staff member deals with the holiday. The various entitlements are set out listed below.

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

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

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

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

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

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

When an employee who gets approved for the day of rest has actually agreed digitally or in writing to work on a public holiday

Most employees can get the general public holiday off and make money public vacation pay. However, if a worker agrees electronically or in writing to deal with the public vacation, there are 2 options:

– the staff member is entitled to get routine earnings for all hours worked on the general public holiday, plus a substitute day of rest deal with public vacation pay;.
or.

– if the staff member concurs digitally or in composing, they are entitled to public holiday spend for the public vacation plus premium pay for all hours worked on the public vacation. In this case, the staff member will not be offered an alternative day off.

Example: Calculating public vacation pay plus premium pay

A public vacation falls on among John-Duncan’s normal working days. He and his company have actually agreed electronically or in composing that he will work on the public holiday which, rather of getting an alternative vacation, he will be paid public holiday pay plus premium spend for all the hours he works on the holiday.

John-Duncan regularly works eight hours a day, 5 days a week. His routine per hour pay rate is $20. He has dealt with all his scheduled work days in the four work weeks before the public holiday. He works eight hours on the general public vacation. He gets his holiday pay when his holiday is taken. He was not on vacation throughout the four work weeks leading up to the public vacation

Step 1: calculate public vacation pay:

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

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

3. Combine his overall incomes earned and trip 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: determine premium pay

Finally, the premium pay owing to John-Duncan for his work on the public holiday 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 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 an employee concurs to deal with a public holiday but fails to do so

If an employee has concurred electronically or in composing to work on the public vacation but does not do so – and does not have reasonable cause for not having done so – the employee has no right to public vacation pay or to a substitute day off with pay.

However, if the worker has sensible cause for not working the public vacation, then entitlements will depend on which of the two options listed below the employee selected in exchange for consenting to deal with the public holiday:

– if the staff member had actually concurred electronically or in composing to work on the general public holiday for regular incomes plus an alternative day of rest with public vacation pay, the employee is entitled to a substitute day off work with public vacation pay;.
or.

– if the employee had actually agreed electronically or in writing to work on the general public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the holiday. The staff member is not entitled to receive any premium pay since they did not perform any work on the vacation.

When a worker works just some of the hours they accepted work on a public holiday

If a worker has agreed digitally or in composing to work on the general public holiday but works just some of the hours they consented to work, and does not have affordable cause for stopping working to work all of the hours, the worker is just entitled to receive premium 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 writing that she would work 8 hours on Canada Day but she just worked four hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled only to premium spend for the 4 hours she dealt with the vacation. She is not entitled to public vacation pay or to an alternative day of rest work.

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

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

– if the employee had concurred electronically or in composing to deal with 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 spend for every hour dealt with the vacation.

Special rules for particular industries

Special rules apply to workers who operate in the following types of organizations:

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– hospitals and nursing homes;.

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

A staff member who operates in any of these services can be needed to work on a public holiday without their agreement, however just if the holiday falls on a day that the staff member would typically work and the worker is not on holiday.

If an employee is required to work, they are entitled to either:

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

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

The company picks which of these options will apply.

Note that the employer’s ability to require staff members to work on a public holiday goes through the right to take a day of rest for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note also that specific retail workers who work in continuous operations (for instance, a 24-hour benefit store) have the right to decline to work on a public vacation due to the fact that of the unique rules that use to some retail workers. See the “Retail workers” chapter of this guide for additional information.

A staff member in the previously listed services who is required to deal with a public holiday that falls on their common working day but fails to do so, with reasonable cause, is entitled to:

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

– public vacation spend for the vacation.

The company picks which choice will use.

An employee in any of these companies who is needed to deal with a public vacation that falls on their common working day however who fails, with reasonable cause, to work a few of the hours they were needed to deal with 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 vacation spend for the vacation plus premium spend for each hour worked.

The employer selects which alternative will use.

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

Overtime calculations when an employee gets premium pay

Any hours dealt with a public holiday that are compensated with premium pay are not consisted of when determining whether a worker has worked any overtime hours.

If employment ends

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