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 writing to work on the vacation and be paid:

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

– be paid their regular incomes for all hours worked on the general public vacation and get another substitute vacation for which they must be paid public vacation pay.

Some workers may be needed to deal with a public vacation. (See “Special guidelines for specific industries” later on in this Chapter.) While many workers are qualified for the public vacation entitlement, some employees work in tasks that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if unique guidelines use, please refer to the Guide to work requirements special guidelines and exemptions.

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

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

Regular earnings 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 project pay payable to a worker.

While some companies provide their workers a vacation on Easter Sunday, Easter Monday, the 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 staff members carry out more than one sort of work for an employer. Some of this work may be covered by the public holiday part of the ESA, while another type of work may be exempt from public holiday protection.

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

Getting approved for public holiday entitlements

Generally, employees certify for the general public vacation privilege unless they:

– stop working without sensible cause to work all of their last regularly set up day of work before the public vacation or all of their very first regularly 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 public vacation if they accepted or were required to work that day.

Note: Most staff members who stop working to receive the public holiday privilege are still entitled to be paid premium spend for every hour they work on 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 the number of days they worked before the general public holiday.

The “last and first rule”

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

For example, a staff member may not be arranged to work the day right before or after the holiday. As long as the staff member works all of their last regularly arranged shift before the vacation and all of the first one after it, or has sensible cause for not working either of those days, they fulfill this certifying criterion.

Reasonable cause

A staff member is typically thought about to have “sensible cause” for missing work when something beyond their control avoids the worker from working. Employees are accountable for revealing that they had sensible cause for keeping away from work. If they can do so, they still receive public vacation privileges.

How the last and first guideline works

Rosie’s routine work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace 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 sensible cause for failing to work either of those days, she certifies to be spent for the holiday.

Example: When a staff member takes a day off

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for approval to remove the Thursday before the public vacation because he has a personal consultation. His company agrees. Lev’s last frequently arranged work day before the vacation 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 sensible cause for not working either of those days, he gets approved for the paid public vacation.

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s workplace 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 holiday. The employer concurs. Doris’s regularly set up shift on the Thursday before the public vacation 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 failing to do so, she is entitled to the paid public holiday.

Example: When an employee is on vacation

Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last frequently scheduled shift before his vacation and first regularly 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 holiday occurs. If Lydia works her last regularly arranged day of work before her leave, and her first regularly arranged day of work after her leave, or has reasonable 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 vacation falls on a Monday, and Ellen’s office is closed for the holiday. Ellen does not deal with her last scheduled day before the vacation, and she does not have affordable cause for missing that day. She gets no spend for the holiday.

Public holiday pay

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

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

The quantity of vacation pay payable to include in the calculation of public holiday pay depends on whether the employee is on vacation at any time during the 4 work weeks prior to the public vacation, and the way in which the worker is to be paid getaway pay. Please refer to the Vacation chapter for information on the different ways holiday pay can be paid.

Vacation pay payable

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

If the employee is to be paid getaway pay with every pay cheque the quantity of holiday pay to consist of in the calculation of public holiday pay will be at least four per cent of all of the worker’s earnings made during the 4 work week duration. (Note that if a staff member earns a greater portion of vacation pay, such as six per cent of incomes, then the “holiday pay payable” will be based on that higher portion.)

If an employee is to receive their vacation pay in a swelling sum on a particular date or dates, trip pay will be consisted of in the calculation of public vacation pay just if that date or dates falls during the appropriate four work week period.

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

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

Example:

Christmas Day falls on a Tuesday. Suppose that an employer’s work week ranges from Thursday to Wednesday. In this case, the four work weeks utilized to calculate 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 general public vacation falls.

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

– Week 2: Thursday, November 29 – Wednesday, December 5

– Week 3: Thursday, December 6 – Wednesday, December 12

– Week 4: Thursday, December 13 – Wednesday, December 19

Public vacation: Tuesday, December 25

In this example, the regular incomes made by the worker and the getaway pay payable to the worker with regard to the 4 work weeks from November 22 to December 19 are used in the computation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Total her overall salaries made and trip pay payable and employment 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 trip for 2 of the four weeks before the public vacation. He gets holiday pay before he takes his trip. He is paid $1,600 holiday spend for his two weeks of vacation. Brock worked his last regularly arranged work day before the public holiday and his very first routinely set up work day after the holiday.

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

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

3. Total his total salaries made and vacation payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Example: When a worker works part-time and each pay cheque includes trip pay

Tegan works 3 days a week and makes $120 a day. She worked her last regularly scheduled work day before the public holiday and her first routinely scheduled day after the vacation. She and her employer have agreed in composing that she will receive 4 percent vacation pay on each paycheque.

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

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

3. Total her regular incomes made 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 vacation pay.

Example: When there are no set hours and each pay cheque consists of getaway 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 worked. She and her company have agreed in writing that she will receive 4 per cent trip pay on each pay cheque.

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

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

3. Total her routine wages made and vacation 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 a staff member is on a leave

Zoe normally works 5 days a week, making $120 a day. She receives getaway 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 incomes or getaway pay. She received maternity and parental take advantage of the federal Employment Insurance program, however these advantages are not thought about “salaries.”

Zoe is entitled to get public holiday pay for the general public vacations that fall during her leave as long as she works her last frequently set up day before her leave and her first regularly scheduled day after her leave, or has reasonable cause for employment 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 holiday. Her public vacation pay for Canada Day is:

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

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

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

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

Example: When a staff member is on a layoff

Eugene typically works 5 days a week, making $100 a day. He was placed on temporary layoff on November 15. During his layoff, Eugene was not paid wages or vacation pay. He got work insurance coverage advantages during this time, however these benefits are ruled out “wages.”

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 scheduled day before the layoff and his very first regularly set up day after the layoff, or has reasonable cause for stopping working to do so.

However, since Eugene did not earn any wages or holiday pay in the four work weeks before those 2 public holidays, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker’s regular rate of pay. If a staff member is entitled to get exceptional spend for deal with a public holiday, they should 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 implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

An alternative vacation is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public holiday spend for an alternative vacation.

An alternative holiday must be scheduled for a day that is no later than three months after the general public vacation for which it was made, or, if the worker has actually concurred electronically or in composing, the substitute day of rest can be scheduled up to 12 months after the general public vacation.

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

Entitlements for public vacations

Entitlements for public holidays differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the employee deals with the vacation. The various privileges are set out listed below.

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

Most staff members can get the public vacation off and make money public vacation pay. (Some employees might be required to work on a public vacation. See “Special rules for certain industries” later on in this chapter.)

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

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

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

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

When a staff member who receives the day off has agreed digitally or in writing to work on a public vacation

Most staff members deserve to get the public vacation off and get paid public vacation pay. However, if a staff member agrees digitally or in composing to work on the public vacation, there are two options:

– the worker is entitled to receive regular wages for all hours dealt with the general public holiday, plus an alternative day off work with public holiday pay;.
or.

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

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 concurred digitally or in writing that he will deal with the general public vacation which, instead of getting an alternative holiday, he will be paid public holiday pay plus premium pay for all the hours he works on the holiday.

John-Duncan regularly works eight 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 4 work weeks before the public holiday. He works 8 hours on the general public holiday. He receives his vacation pay when his vacation is taken. He was not on holiday throughout the four work weeks leading up to the public vacation

Step 1: determine public holiday pay:

1. Calculate John-Duncan’s total regular salaries 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 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the general .

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

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

John-Duncan’s public holiday pay entitlement is $160.

Step 2: compute exceptional pay

Finally, the premium pay owing to John-Duncan for his work on 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 privilege is $240.

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

When a worker accepts work on a public vacation but fails to do so

If a worker has agreed electronically or in composing to deal with the general public holiday however does refrain from doing so – and does not have affordable cause for not having done so – the worker has no right to public holiday pay or to an alternative day of rest with pay.

However, if the staff member has affordable cause for not working the public vacation, then privileges will depend upon which of the 2 alternatives listed below the employee picked in exchange for concurring to work on the general public holiday:

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

– if the employee had actually agreed digitally 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 spend for the holiday. The employee is not entitled to receive any exceptional pay since they did not carry out any work on the vacation.

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

If a staff member has actually concurred digitally or in writing to deal with the public holiday however works just a few of the hours they consented to work, and does not have sensible cause for stopping working to work all of the hours, the staff member is only entitled to get premium pay for each hour dealt with the vacation. The employee has no right to public vacation pay or a substitute day of rest work.

Example: A normal case

Trudi had actually concurred in writing that she would work eight hours on Canada Day but she only worked 4 hours and did not have reasonable cause for stopping working to work the other four hours. Trudi is entitled just to premium spend for the four hours she dealt with the holiday. She is not entitled to public holiday pay or to a substitute day of rest 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 worker is entitled to their routine rate for all the hours worked plus an alternative day of rest work with public holiday pay;.
or.

– if the worker had actually agreed electronically or in composing to work on the public holiday for public holiday 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 holiday.

Special rules for certain industries

Special guidelines apply to workers who work in the list below kinds of services:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– health centers and nursing homes;.

– constant 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 around the clock).

A staff member who works in any of these organizations can be required to work on a public holiday without their agreement, however only if the holiday falls on a day that the employee would typically work and the employee is not on trip.

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

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

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

The employer picks which of these options will use.

Note that the company’s ability to require workers to work on a public vacation is subject to the staff member’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment contract. Note likewise that specific retail employees who work in constant operations (for instance, a 24-hour benefit store) can decline to work on a public vacation since of the special guidelines that apply to some retail workers. See the “Retail workers” chapter of this guide for more information.

An employee in the previously listed businesses who is required to deal with a public vacation that falls on their normal working day however stops working to do so, with sensible cause, is entitled to:

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

– public holiday spend for the vacation.

The employer selects which alternative will use.

An employee in any of these services who is needed to work on a public vacation that falls on their regular working day but who stops working, with sensible cause, to work a few of the hours they were required to work on the holiday is entitled to either:

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

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

The company chooses which choice will apply.

A worker in any of these services who is required to work on a public vacation that falls on their common working day however who fails, without reasonable cause, to work part or all of the general public vacation is just entitled to get premium pay for each hour dealt with the holiday (if any). The employee has no right to public holiday pay or a substitute day off work.

Overtime computations when a staff member gets exceptional pay

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

If employment ends

Sometimes a staff member’s task pertains to an end before the staff member can take a replacement vacation with public holiday pay that they have made. In this case, the employer should pay the worker’s public vacation pay at the very same time it pays the worker’s final earnings. 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 reason.