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 composing to deal with the vacation and be paid:

– public holiday pay plus premium pay for all hours worked on 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 public holiday and get another substitute holiday for which they should be paid public holiday pay.

Some staff members might be needed to deal with a public holiday. (See “Special guidelines for specific industries” later on in this Chapter.) While many workers are qualified for the public holiday privilege, some staff members operate in tasks that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To determine whether a job is covered, or if unique guidelines use, please refer to the Guide to work standards unique rules and exemptions.

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

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

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

While some employers provide their workers 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 employees carry out more than one kind of work for a company. A few of this work might be covered by the public holiday part of the ESA, while another kind of work may be exempt from public holiday protection.

If a worker performs both type of work, exempt and covered, they are eligible for the general public vacation entitlement with regard to a specific public vacation 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 company 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, 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 holiday privilege for Canada Day.

Qualifying for public vacation privileges

Generally, employees receive the general public holiday privilege unless they:

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

– stop working without reasonable cause to work their entire shift on the general public holiday if they consented to or were needed to work that day.

Note: Most workers who stop working to get approved for the public vacation privilege are still entitled to be paid premium pay for every hour they work on the vacation.

Qualified employees can be full-time, part-time, long-term or on term contract. It does not matter how just recently they were employed, or the number of days they worked before the general public vacation.

The “last and first rule”

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

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

Reasonable cause

An employee is normally thought about to have “sensible cause” for missing work when something beyond their control avoids the employee 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 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 whole shift on the Thursday before the holiday and the Tuesday after the holiday, or has sensible 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 work environment shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for consent to remove the Thursday before the general public holiday since he has a personal appointment. His employer concurs. Lev’s last frequently set up work day before the holiday is now thought about to be on the Wednesday.

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

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the holiday. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the general public vacation. The employer agrees. Doris’s frequently set up shift on the Thursday before the general public holiday is now thought about to be from 9 a.m. to 3 p.m.

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

Example: When a 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 regularly set up shift before his holiday and first routinely set up shift after his getaway – on June 24 and July 10 – or has reasonable cause for failing to do so, he will receive the paid public holiday.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last regularly scheduled day of work before her leave, and her very first routinely scheduled 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 reasonable cause

A public holiday falls on a Monday, and Ellen’s work environment 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 quantity of public vacation pay to which a worker is entitled is all of the routine incomes earned by the worker in the four work weeks before the work week with the public vacation plus all of the holiday pay payable to the worker with respect to the 4 work weeks before the work week with the general public vacation, divided by 20.

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

The amount of holiday pay payable to include in the calculation of public holiday pay depends upon whether the staff member is on holiday at any time throughout the four work weeks prior to the public vacation, and the manner in which the employee is to be paid vacation pay. Please describe the Vacation chapter for details on the different ways vacation pay can be paid.

Vacation pay payable

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

If the employee is to be paid trip pay with every pay cheque the quantity of holiday pay to consist of in the estimation of public holiday pay will be at least 4 per cent of all of the employee’s salaries made throughout the four work week duration. (Note that if a staff member earns a higher portion of vacation pay, such as 6 per cent of salaries, then the “trip pay payable” will be based upon that higher portion.)

If a worker is to get their holiday pay in a lump amount on a specific date or dates, trip pay will be included in the computation of public vacation pay just if that date or dates falls throughout the appropriate four work week period.

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

The four weeks before the general public holiday is based upon the company’s work week and is not necessarily a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that an employer’s work week runs from Thursday to Wednesday. In this case, the four work weeks used to determine public holiday 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 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 vacation: Tuesday, December 25

In this example, the regular earnings made by the staff member and the vacation pay payable to the worker with respect to the 4 work weeks from November 22 to December 19 are utilized in the calculation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Total her total salaries made 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 vacation time is included

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

1. Calculate Brock’s total routine earnings earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

2. Calculate the quantity of vacation pay:.
Brock was on trip for 2 of the four work weeks prior to the work week with the public holiday, and is paid getaway pay before he takes his vacation. The quantity 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 wages earned and trip payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public vacation pay.

Example: When a staff member works part-time and each pay cheque consists of trip pay

Tegan works 3 days a week and earns $120 a day. She worked her last routinely scheduled work day before the general public holiday and her first regularly arranged day after the holiday. She and her employer have actually agreed in writing that she will get 4 percent trip pay on each paycheque.

1. Calculate Tegan’s regular wages earned:.
$ 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 per day (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 weekly X 4 weeks = $57.60.

3. Total her routine wages earned and trip pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

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

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

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

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

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

3. Add together her regular salaries made and getaway pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When an employee is on a leave

Zoe usually works five 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 adult leave.

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

Zoe is entitled to receive public vacation spend for the general public vacations that fall throughout her leave as long as she works her last regularly set up day before her leave and her first regularly set up day after her leave, or has reasonable cause for failing 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 vacation pay for Canada Day is:

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

– Vacation pay payable: $0 (she was not on getaway throughout the 4 work week period).

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

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

Example: When an employee is on a layoff

Eugene normally works five days a week, making $100 a day. He was placed on short-lived layoff on November 15. During his layoff, Eugene was not paid earnings or trip pay. He received work insurance benefits during this time, but these benefits are ruled out “wages.”

Eugene was recalled 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 frequently scheduled day before the layoff and his first routinely set up day after the layoff, or has reasonable cause for failing to do so.

However, since Eugene did not earn any incomes or getaway pay in the four work weeks before those two public vacations, the amount of public holiday 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 staff member is entitled to pay for work on a public vacation, they need to be paid 1 1/2 times their regular rate of pay for each hour worked.

For instance, 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 holiday

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

An alternative vacation must be scheduled for a day that is no behind three months after the general public vacation for which it was made, or, if the employee has concurred electronically or in composing, the substitute day of rest can be arranged approximately 12 months after the general public vacation.

If a worker gets a replacement holiday, the company needs to provide the worker with a written declaration that sets out the public vacation that is being substituted, the date of the alternative vacation, and the date that the statement was offered to the staff member. This statement needs to be supplied to the worker before the public vacation.

Entitlements for public holidays

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

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

Most workers have the right to get the general public vacation off and earn money public holiday pay. (Some employees might be required to deal with a public holiday. See “Special guidelines for certain markets” later in this chapter.)

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

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

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

– public vacation pay for the public vacation, if the employee consents to this electronically or in writing (in this case, the employee will not be given a substitute day off).

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

Most employees deserve to get the public holiday off and earn money public vacation pay. However, if a staff member concurs electronically or in composing to work on the public holiday, there are 2 options:

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

– if the staff member concurs electronically or employment in writing, they are entitled to public vacation spend for the public vacation plus premium spend for all hours dealt with the general public holiday. In this case, the staff member will not be given an alternative day off.

Example: Calculating public holiday pay plus premium pay

A public vacation falls on among John-Duncan’s normal working days. He and his company have concurred electronically or in composing that he will work on the public vacation and employment that, rather of getting an alternative vacation, he will be paid public vacation 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 hourly pay rate is $20. He has actually worked on all his scheduled work days in the four work weeks before the general public holiday. He works 8 hours on the general public vacation. He gets his trip pay when his trip is taken. He was not on holiday during the four work weeks leading up to the public vacation

Step 1: determine public holiday pay:

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

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

3. Add together his total incomes earned and vacation 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: calculate 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 entitlement is $240.

Result: John-Duncan is entitled to public holiday pay of $160 and superior pay of $240, for a total of $400.

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

If an employee has agreed electronically or in writing to work on the general public vacation however does refrain from doing so – and does not have affordable cause for not having actually done so – the staff member has no right to public holiday pay or to a substitute day of rest with pay.

However, if the employee has reasonable cause for not working the general public holiday, then entitlements will depend upon which of the 2 choices listed below the staff member chose in exchange for consenting to work on the public holiday:

– if the worker had agreed digitally or in composing to deal with the public holiday for routine salaries plus a substitute day of rest with public holiday pay, the employee is entitled to an alternative day off work with public holiday pay;.
or.

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

When an employee works just some of the hours they accepted deal with a public vacation

If a staff member has actually concurred electronically or in writing to deal with the general public holiday however works only some of the hours they consented to work, and does not have affordable cause for stopping working to work all of the hours, the staff member is only entitled to get premium pay for each hour worked on the vacation. The worker has no right to public vacation pay or a substitute day of rest work.

Example: A typical case

Trudi had actually concurred in writing that she would work 8 hours on Canada Day but she just worked four hours and did not have affordable cause for stopping working to work the other 4 hours. Trudi is entitled only to premium spend for the four hours she worked on the holiday. She is not entitled to public vacation pay or employment to an alternative day of rest work.

However, if the staff member has reasonable cause for working only a few of the hours they consented to 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 employee had actually agreed digitally or in writing to deal with the public holiday for public vacation pay plus premium spend 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 guidelines use to employees who operate in the list below types of services:

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– health centers 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 business or the games part of a casino if the video games tables are open all the time).

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

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

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

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

The employer picks which of these options will apply.

Note that the employer’s capability to need staff members to deal with a public vacation goes through the staff member’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s work contract. Note likewise that specific retail workers who operate in continuous operations (for example, a 24-hour corner store) deserve to decline to work on a public holiday since of the special guidelines that use to some retail employees. See the “Retail workers” chapter of this guide for more info.

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

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

– public holiday spend for the holiday.

The employer selects which alternative will apply.

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

– their regular rate for each hour dealt with the vacation plus a replacement vacation with public vacation pay;.
or.

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

The company picks which alternative will apply.

A worker in any of these companies who is needed to work on a public holiday that falls on their regular working day however who stops working, without reasonable cause, to work part or all of the public holiday is only entitled to get exceptional spend for each hour worked on the vacation (if any). The employee has no right to public vacation pay or a substitute day of rest work.

Overtime calculations when a worker receives exceptional pay

Any hours dealt with a public vacation that are compensated with exceptional pay are not included when identifying whether a worker has actually worked any overtime hours.

If employment ends

Sometimes a worker’s task concerns an end before the employee can take an alternative holiday with public vacation pay that they have actually made. In this case, the company must pay the employee’s public holiday pay at the same time it pays the employee’s last incomes. This is so regardless of the reason the job concerned an end, whether it is since the worker stopped, was fired for great factor, or for some other reason.