Qualified Employees can Be Full-time

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

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

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

– be paid their regular salaries for all hours dealt with the general public vacation and get another replacement vacation for which they should be paid public holiday pay.

Some employees may be required to work on a public vacation. (See “Special guidelines for certain markets” later on in this Chapter.) While a lot of staff members are eligible for the general public holiday entitlement, some employees work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To figure out whether a task 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 examine compliance with public vacations and other work requirements entitlements.

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

Regular earnings does not include 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 an employee.

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

Performing both covered and exempt work

Some workers carry out more than one sort of work for a company. 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 vacation protection.

If a staff member carries out both kinds of work, exempt and covered, they are qualified for the general public holiday entitlement with respect to a particular public holiday if a minimum of half of the work carried out 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 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, a minimum of 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 general public holiday privilege for Canada Day.

Qualifying for public holiday entitlements

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

– fail without sensible cause to work all of their last frequently scheduled day of work before the general public holiday or all of their very first routinely scheduled day of work after the general public vacation (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 agreed to or were required to work that day.

Note: Most workers who fail to certify for the public vacation privilege are still entitled to be paid premium 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 numerous days they worked before the general public vacation.

The “last and very first rule”

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

For example, a worker might not be set up to work the day right before or after the vacation. As long as the worker works all of their last regularly scheduled shift before the vacation and all of the very first one after it, or has affordable cause for not working either of those days, they satisfy this certifying criterion.

Reasonable cause

A staff member is usually considered to have “affordable cause” for missing out on work when something beyond their control avoids the worker from working. Employees are accountable for showing that they had reasonable cause for remaining away from work. If they can do so, they still certify for public vacation privileges.

How the last and first rule works

Rosie’s regular work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s office shuts down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the holiday, or has reasonable cause for failing to work either of those days, she qualifies to be paid for the holiday.

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for approval to take off the Thursday before the general public vacation since he has an individual consultation. His company agrees. Lev’s last regularly arranged work day before the vacation is now considered to be on the Wednesday.

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

Example: When an employee leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the holiday. Doris typically 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 agrees. Doris’s frequently set up 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 has reasonable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a worker is on holiday

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently scheduled shift before his vacation and very first routinely set up shift after his vacation – on June 24 and July 10 – or has reasonable cause for failing to do so, he will get approved for the paid public vacation.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday occurs. If Lydia works her last frequently arranged day of work before her leave, and her 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 affordable cause

A public holiday falls on a Monday, and Ellen’s office is closed for the holiday. Ellen does not deal with her last scheduled day before the holiday, and she does not have affordable cause for missing 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 incomes made by the employee in the four work weeks before the work week with the public holiday plus all of the vacation pay payable to the worker with regard to the four work weeks before the work week with the general public holiday, divided by 20.

When to include getaway pay in the computation of public holiday pay

The amount of vacation pay payable to consist of in the calculation of public vacation pay depends upon whether the worker is on vacation 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 vacation pay can be paid.

Vacation pay payable

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

If the staff member is to be paid holiday pay with every pay cheque the quantity of trip pay to consist of in the computation of public holiday pay will be at least four per cent of all of the worker’s salaries earned during the four work week duration. (Note that if an employee earns a higher portion of getaway pay, such as 6 percent of earnings, then the “vacation pay payable” will be based on that higher portion.)

If a worker is to get their trip pay in a lump sum on a specific date or dates, trip pay will be consisted of in the calculation of public vacation pay only if that date or dates falls during the pertinent four work week period.

Calculating the 4 work week period 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 four work weeks used to compute public vacation pay are those four weeks counting backwards from the very first Wednesday (the last day of the employer’s work week) before the work week in which the public holiday falls.

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

– Week 2: Thursday, November 29 – Wednesday, 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 salaries made by the worker and the vacation pay payable to the staff member with respect 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 5 days a week and earns $120 a day. She worked her last routinely set up work day before the general public vacation and her first regularly scheduled day after the vacation. She gets her trip pay when her trip is taken. She was not on vacation throughout the four work weeks leading up to the general public holiday.

1. Calculate Iryna’s total regular incomes earned:
$ 120 daily X 5 days = $600 weekly
$ 600 per week X 4 work weeks = $2,400.
Iryna earned $2,400 of regular wages in the four work weeks before the general public vacation.

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

3. Total her total salaries 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 vacation pay.

Example: When vacation time is involved

Brock works 5 days a week and makes $160 a day. He was on holiday for two of the four weeks before the public vacation. He gets trip pay before he takes his trip. He is paid $1,600 trip pay for somalibidders.com his two weeks of vacation. Brock worked his last frequently arranged work day before the general public holiday and his first frequently scheduled work day after the holiday.

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

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

3. Combine his overall earnings made and holiday 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 consists of vacation pay

Tegan works 3 days a week and makes $120 a day. She worked her last frequently arranged work day before the general public holiday and her first frequently set up day after the vacation. She and her employer have actually agreed in writing that she will receive 4 percent vacation pay on each paycheque.

1. Calculate Tegan’s regular incomes made:.
$ 120 daily X 3 days = $360 each week.
$ 360 each week X 4 weeks = $1,440.

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

3. Combine her routine earnings earned 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 vacation pay.

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

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

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

2. Calculate her vacation 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 vacation pay.

Example: When a worker is on a leave

Zoe usually works 5 days a week, making $120 a day. She gets trip pay before she goes on vacation. 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 earnings or vacation pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these benefits are ruled out “wages.”

Zoe is entitled to get public holiday spend for the general public holidays that fall during her leave as long as she works her last routinely set up day before her leave and her first routinely scheduled day after her leave, or has affordable cause for failing to do so.

Zoe went on leave on June 10 and just worked seven days during the four work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is:

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

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

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

Her public vacation pay for the remainder of the public holidays that fall during her leave will be $0. This is because she will not have actually made any earnings or vacation pay on any of the days throughout the 4 work weeks before each of those holidays.

Example: When an employee is on a layoff

Eugene usually works 5 days a week, earning $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid salaries or trip pay. He received employment insurance coverage benefits during this time, but these benefits are not thought about “incomes.”

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

However, because Eugene did not make any incomes or in the 4 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 a staff member’s regular rate of pay. If a staff member is entitled to receive superior pay for work on a public holiday, they should be paid 1 1/2 times their routine rate of spend for each hour worked.

For example, Nathan’s routine 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 replacement vacation is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public holiday spend for a substitute vacation.

An alternative holiday must be arranged for a day that is no behind three months after the general public holiday for which it was earned, or, if the staff member has concurred digitally or in writing, the alternative day of rest can be scheduled up to 12 months after the general public vacation.

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

Entitlements for public holidays

Entitlements for public vacations differ depending upon such things as whether the holiday falls on a working day or a non-working day and whether the worker deals with the holiday. The different entitlements are set out listed below.

When a public holiday falls on a working day however the worker does not work

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

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

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

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

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

When a worker who gets approved for the day of rest has concurred electronically or in composing to work on a public vacation

Most workers have the right to get the general public vacation off and earn money public holiday pay. However, if a staff member concurs digitally or in composing to work on the general public vacation, there are 2 options:

– the staff member is entitled to get routine earnings for all hours dealt with the public vacation, plus a substitute day off deal with public holiday pay;.
or.

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

Example: Calculating public holiday pay plus premium pay

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

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

Step 1: compute public holiday pay:

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

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

3. Combine his total salaries made and holiday 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: determine superior pay

Finally, the premium pay owing to John-Duncan for his deal with the general public holiday 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 entitlement is $240.

Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for an overall of $400.

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

If a worker has concurred digitally or in composing to work on the general public vacation but does refrain from doing so – and does not have reasonable cause for not having done so – the employee has no right to public holiday pay or to an alternative day of rest with pay.

However, if the employee has sensible cause for not working the public holiday, then entitlements will depend upon which of the 2 choices listed below the staff member picked in exchange for accepting deal with the general public vacation:

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

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

When a staff member works just some of the hours they concurred to work on a public holiday

If an employee has agreed electronically or in composing to deal with the public vacation but works only some of the hours they agreed to work, and does not have reasonable cause for stopping working to work all of the hours, the employee is just entitled to get exceptional spend for each hour dealt with the vacation. The worker has no right to public holiday pay or a substitute day of rest work.

Example: A common case

Trudi had agreed in writing that she would work eight hours on Canada Day however she just worked four hours and did not have sensible cause for failing to work the other four hours. Trudi is entitled just to premium spend for the 4 hours she worked on the holiday. 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 only a few of the hours they accepted work on the general public vacation, then:

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

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

Special rules for certain industries

Special rules apply to employees who work in the list below types of companies:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– medical facilities and assisted living home;.

– continuous 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 business or the video games part of a casino if the video games tables are open around the clock).

A worker who works in any of these organizations can be needed to work on a public vacation without their arrangement, but just if the vacation falls on a day that the worker would generally work and the employee is not on vacation.

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

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

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

The company picks which of these choices will use.

Note that the company’s capability to need workers to deal with a public holiday is subject to the employee’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the staff member’s employment agreement. Note also that specific retail employees who work in continuous operations (for example, a 24-hour convenience store) deserve to decline to work on a public vacation due to the fact that of the special guidelines that apply to some retail workers. See the “Retail employees” chapter of this guide to find out more.

A staff member in the formerly noted organizations who is needed to work on a public vacation that falls on their ordinary working day but stops working to do so, with reasonable cause, is entitled to:

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

– public holiday pay for the vacation.

The company picks which choice will use.

A worker in any of these services who is needed to deal with a public vacation that falls on their ordinary working day but 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 regular rate for each hour dealt with the holiday plus a replacement vacation with public holiday pay;.
or.

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

The company picks which choice will apply.

A worker in any of these companies who is required to deal with a public vacation that falls on their normal working day but who fails, without sensible cause, to work part or all of the public vacation is just entitled to receive exceptional spend for each hour worked on the vacation (if any). The staff member has no right to public holiday pay or an alternative day of rest work.

Overtime estimations when an employee receives exceptional pay

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

If work ends

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