Qualified Employees can Be Full Time

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

Alternatively, the employee can concur digitally or in composing to deal with the holiday and be paid:

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

– be paid their routine salaries for all hours dealt with the general public vacation and receive another substitute vacation for which they must be paid public holiday pay.

Some employees may be required to work on a public holiday. (See “Special guidelines for particular industries” later on in this Chapter.) While the majority of workers are eligible for the public holiday privilege, some employees work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To determine whether a job is covered, or if unique guidelines use, please describe the Guide to work standards special guidelines and exemptions.

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

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

Regular salaries does not include any overtime pay, vacation pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a worker.

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

Performing both covered and exempt work

Some staff members perform more than one kind of work for a company. A few of this work may be covered by the public holiday part of the ESA, while another type of work may be exempt from public vacation protection.

If an employee carries out both type of work, exempt and covered, they are qualified for the general public holiday privilege with respect to a specific public vacation if at least half of the work performed in the work week of the general public vacation 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 holiday part of the ESA, he is eligible for the public vacation privilege for Canada Day.

Getting approved for public vacation privileges

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

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

– fail without reasonable cause to work their entire shift on the public vacation if they consented to or were needed to work that day.

Note: Most staff members who stop working to get approved for the public vacation entitlement are still entitled to be paid superior pay for every hour they deal with the holiday.

Qualified workers can be complete time, part-time, long-term or on term agreement. It does not matter how just recently they were worked with, or how numerous days they worked before the general public vacation.

The “last and very first rule”

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

For example, a worker might not be scheduled to work the day right before or after the holiday. As long as the staff member works all of their last routinely arranged 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 criterion.

Reasonable cause

A staff member is generally considered to have “sensible cause” for missing work when something beyond their control avoids the staff member from working. Employees are accountable for revealing that they had affordable cause for keeping away from work. If they can do so, they still qualify for public vacation entitlements.

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 work environment shuts down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the vacation, or has affordable cause for stopping working to work either of those days, she certifies to be paid for the vacation.

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for authorization to remove the Thursday before the public holiday due to the fact that he has an individual consultation. His employer concurs. Lev’s last regularly arranged 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 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 an employee leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the holiday. Doris normally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the general public vacation. The employer concurs. Doris’s frequently scheduled shift on the Thursday before the 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 job has sensible cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When a staff member is on holiday

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 trip and first frequently scheduled shift after his trip – on June 24 and July 10 – or has reasonable cause for stopping working to do so, he will receive the paid public vacation.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last regularly scheduled day of work before her leave, and her first frequently arranged day of work after her leave, or has 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 holiday, and she does not have reasonable cause for missing that day. She gets no spend for the vacation.

Public holiday pay

The amount of public vacation pay to which an employee is entitled is all of the regular earnings made 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 staff member with respect 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 amount of trip pay payable to include in the computation of public holiday pay depends on whether the employee is on getaway at any time throughout the 4 work weeks prior to the public vacation, and the way in which the employee is to be paid getaway pay. Please describe the Vacation chapter for details on the various ways trip pay can be paid.

Vacation pay payable

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

If the worker is to be paid holiday pay with every pay cheque the amount of vacation pay to include in the estimation of public vacation pay will be at least four per cent of all of the staff member’s wages earned throughout the four work week period. (Note that if a staff member makes a higher portion of holiday pay, such as 6 per cent of earnings, then the “vacation pay payable” will be based upon that higher percentage.)

If an employee is to get their holiday pay in a lump amount on a certain date or dates, trip pay will be included in the estimation of public vacation pay only if that date or dates falls during the relevant four work week duration.

Calculating the 4 work week duration before the work week with a public vacation

The 4 weeks before the public holiday is based on the employer’s work week and is not always 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 used to determine public holiday pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the employer’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, job 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 getaway pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

Calculating public vacation pay

Iryna works 5 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 receives her trip pay when her getaway is taken. She was not on trip throughout the four work weeks leading up to the general public holiday.

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

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

3. Combine her total wages earned and trip pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When holiday time is included

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

1. Calculate Brock’s total routine salaries earned:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.

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

3. Add together his total wages 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 vacation pay.

Example: When an employee works part-time and each pay cheque includes vacation pay

Tegan works three days a week and earns $120 a day. She worked her last regularly arranged work day before the public vacation and her very first regularly set up day after the holiday. She and her company have agreed in composing that she will receive 4 percent trip pay on each paycheque.

1. Calculate Tegan’s routine incomes earned:.
$ 120 daily X 3 days = $360 weekly.
$ 360 weekly X 4 weeks = $1,440.

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

3. Total her regular wages earned and vacation 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 vacation pay.

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

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

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

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

3. Add together her regular wages earned and trip 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 five days a week, earning $120 a day. She gets holiday pay before she goes on trip. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid salaries or trip pay. She got maternity and parental take advantage of the federal Employment Insurance program, but these advantages are not thought about “earnings.”

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 routinely arranged day before her leave and her very first regularly set up day after her leave, or has sensible cause for failing to do so.

Zoe went on leave on June 10 and just worked 7 days during the four 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 getaway throughout the 4 work week duration).

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

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

Example: When an employee is on a layoff

Eugene normally works five days a week, making $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or holiday pay. He got work insurance advantages throughout this time, however these advantages are ruled out “earnings.”

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

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

Premium pay

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

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

Substitute holiday

A replacement vacation is another working day of rest work that is designated to replace a public holiday. Employees are entitled to be paid public vacation spend for an alternative holiday.

A replacement vacation should be scheduled for a day that is no later than three months after the public holiday for which it was earned, or, if the worker has agreed digitally or in writing, the alternative day off can be arranged as much as 12 months after the general public vacation.

If a staff member receives a replacement vacation, the company needs to supply the staff member with a written declaration that sets out the public holiday that is being replaced, the date of the replacement vacation, and the date that the declaration was offered to the worker. This declaration needs to be offered to the worker before the general public holiday.

Entitlements for public holidays

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 employee works on the vacation. The various entitlements are set out below.

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

Most staff members can get the public holiday off and get paid public holiday pay. (Some workers might be needed to work on a public holiday. See “Special guidelines for specific industries” later in this chapter.)

When a public vacation falls on a staff member’s non-working day or throughout a staff member’s holiday

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

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

– public vacation spend for the general public vacation, if the staff member consents to this electronically or in writing (in this case, the worker will not be given a substitute day off).

When a worker who receives the day of rest has concurred digitally or in writing to deal with a public holiday

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

– the staff member is entitled to get regular incomes for all hours dealt with the general public holiday, plus a substitute day of rest deal with public holiday pay;.
or.

– if the employee concurs digitally or in writing, they are entitled to public holiday pay for the general public vacation plus premium spend for all hours dealt with the public vacation. In this case, the staff member will not be given a substitute day of rest.

Example: Calculating public holiday pay plus premium pay

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

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

Step 1: job determine public vacation pay:

1. Calculate John-Duncan’s overall regular earnings earned in the four work weeks before the general public holiday:
8 hours per day X $20 per hour = $160 daily
$ 160 each day X 5 days = $800 per week
$ 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 trip pay payable with respect to the 4 work week duration:.
John-Duncan receives his holiday pay when he takes his getaway. Because he was not on trip throughout the four work week period, the amount of trip pay payable with respect to the 4 work weeks before the general public vacation = $0.

3. Combine his overall wages made and getaway pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: determine exceptional 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 holiday pay of $160 and exceptional pay of $240, for an overall of $400.

When an employee agrees to deal with a public vacation but fails to do so

If a worker has concurred digitally or in composing to deal with the public vacation but does refrain from doing so – and does not have sensible cause for not having done so – the staff member has no right to public vacation pay or to a substitute day of rest with pay.

However, if the worker has reasonable cause for not working the public holiday, then privileges will depend on which of the 2 alternatives listed below the worker selected in exchange for accepting deal with the public vacation:

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

– if the employee had actually agreed digitally or in writing 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 for the vacation. The employee is not entitled to receive any exceptional pay due to the fact that they did not carry out any deal with the vacation.

When a staff member works only a few of the hours they accepted work on a public holiday

If a staff member has concurred electronically or in composing to work on the general public holiday but works just a few of the hours they consented to work, and does not have affordable cause for failing to work all of the hours, the staff member is only entitled to get exceptional spend for each hour worked on the vacation. The worker has no right to public holiday pay or an alternative day of rest work.

Example: A normal case

Trudi had actually concurred in composing that she would work 8 hours on Canada Day but she just worked 4 hours and did not have affordable cause for stopping working to work the other 4 hours. Trudi is entitled just to premium pay for the 4 hours she dealt with the vacation. She is not entitled to public holiday pay or to a substitute day off work.

However, if the staff member has sensible cause for working only some of the hours they consented to deal with the public holiday, then:

– the employee is entitled to their routine rate for all the hours worked plus an alternative day off work with public vacation pay;.
or.

– if the employee had agreed electronically or in composing to deal with the general 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 vacation.

Special rules for particular markets

Special rules use to staff members who work in the list below types of organizations:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– healthcare facilities and nursing homes;.

– 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 games part of a casino if the games tables are open around the clock).

An employee who operates in any of these organizations can be needed to deal with a public vacation without their contract, but just if the holiday falls on a day that the staff member would normally work and the staff member is not on holiday.

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

– their routine rate for the hours worked on the public holiday, plus a substitute day of rest work with public vacation pay;.
or.

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

The employer chooses which of these options will use.

Note that the company’s capability to require staff members to work on a public holiday is subject to 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 employment agreement. Note also that particular retail employees who work in constant operations (for example, a 24-hour convenience store) have the right to decline to work on a public vacation because of the special guidelines that use to some retail workers. See the “Retail workers” chapter of this guide to learn more.

An employee in the previously listed companies who is needed to work on a public vacation that falls on their ordinary working day however stops working to do so, with reasonable cause, is entitled to:

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

– public holiday spend for the holiday.

The company selects which choice will use.

A staff member in any of these companies who is needed to deal with a public holiday that falls on their normal working day but who stops working, with sensible cause, to work some of the hours they were required to work on the holiday is entitled to either:

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

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

The company selects which choice will apply.

A worker in any of these organizations who is needed to work on a public vacation that falls on their ordinary working day however who stops working, without reasonable cause, to work part or all of the public vacation is just entitled to receive premium pay for each hour worked on the holiday (if any). The staff member has no right to public holiday pay or a substitute day off work.

Overtime estimations when an employee gets premium pay

Any hours worked on a public vacation that are compensated with exceptional pay are not included when determining whether a staff member has worked any overtime hours.

If employment ends

Sometimes an pertains to an end before the worker can take an alternative holiday with public vacation pay that they have actually earned. In this case, the company needs to pay the worker’s public vacation pay at the very same time it pays the staff member’s final wages. This is so regardless of the factor the job pertained to an end, whether it is since the worker stopped, was fired for excellent reason, or for some other factor.