Qualified Employees can Be Full Time

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

Alternatively, the staff member can agree electronically or in composing to work on the vacation and be paid:

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

– be paid their regular salaries for all hours worked on the public holiday and receive another alternative holiday for which they must be paid public holiday pay.

Some employees might be needed to deal with a public holiday. (See “Special guidelines for certain industries” later in this Chapter.) While the majority of employees are eligible 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 identify whether a task is covered, or if special guidelines use, please refer to the Guide to employment requirements unique guidelines and exemptions.

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

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

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

While some companies give their employees a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

Some workers carry out more than one type 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 might be exempt from public vacation coverage.

If a staff member performs both kinds of work, exempt and covered, they are qualified for the general public vacation privilege with regard to a particular public vacation if a minimum of half of the work performed in the work week of the public vacation is work that is covered.

Rupert works for a taxi business as both a taxi cab chauffeur (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 qualified for the public vacation privilege for Canada Day.

Qualifying for public vacation privileges

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

– stop working without affordable cause to work all of their last frequently scheduled day of work before the public holiday or all of their very first frequently scheduled day of work after the public holiday (this is called the “Last and First Rule”);.
or.

– fail without affordable cause to work their whole shift on the public holiday if they agreed to or were needed to work that day.

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

Qualified staff members can be full-time, part time, irreversible or on term agreement. It does not matter how recently they were employed, or how numerous days they worked before the general public vacation.

The “last and very first rule”

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

For instance, an employee may not be set up to work the day right before or employment after the vacation. As long as the staff member works all of their last frequently scheduled 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 meet this qualifying requirement.

Reasonable cause

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

How the last and first guideline works

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

Example: When a worker takes a day of rest

A public holiday falls on a Monday, and Lev’s office closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for permission to take off the Thursday before the public holiday since he has a personal appointment. His company agrees. Lev’s last routinely set up work day before the holiday is now considered to be on the Wednesday.

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

Example: When a staff member leaves early

A public vacation falls on a Friday, and Doris’s office is closed for the vacation. Doris typically 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 public holiday. The company agrees. Doris’s routinely set up shift on the Thursday before the general public holiday is now considered to be from 9 a.m. to 3 p.m.

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

Example: When a worker is on holiday

Canada Day falls on July 1. George is on holiday from June 25 to July 9. If George works all of his last regularly scheduled shift before his trip and first regularly arranged shift after his vacation – on June 24 and July 10 – or has reasonable cause for stopping working to do so, he will qualify for the paid public vacation.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last regularly set up day of work before her leave, and her first routinely 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 vacation falls on a Monday, and Ellen’s work environment is closed for the holiday. Ellen does not deal with her last scheduled day before the holiday, and she does not have reasonable cause for missing out on that day. She receives no pay for the holiday.

Public holiday pay

The amount of public vacation pay to which an employee is entitled is all of the regular wages earned by the employee in the four work weeks before the work week with the public holiday plus all of the trip pay payable to the worker with respect to the 4 work weeks before the work week with the general public holiday, divided by 20.

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

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

Vacation pay payable

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

If the worker is to be paid getaway pay with every pay cheque the amount of holiday pay to include in the computation of public holiday pay will be at least four percent of all of the employee’s salaries earned throughout the 4 work week period. (Note that if an employee makes a higher portion of vacation pay, such as six per cent of wages, then the “holiday pay payable” will be based on that greater percentage.)

If a worker is to get their trip pay in a swelling sum on a certain date or dates, trip pay will be included in the calculation of public vacation pay just if that date or dates falls throughout 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 vacation 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 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 company’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 routine incomes earned by the staff member and the trip pay payable to the staff member 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 five days a week and earns $120 a day. She worked her last regularly scheduled work day before the general public holiday and her first frequently set up day after the vacation. She receives her holiday pay when her holiday is taken. She was not on trip during the 4 work weeks leading up to the general public holiday.

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

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

3. Combine her overall salaries made and holiday pay payable and divide the sum 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 makes $160 a day. He was on holiday for two of the 4 weeks before the general public vacation. He gets trip pay before he takes his holiday. He is paid $1,600 trip pay for his 2 weeks of getaway. Brock worked his last routinely scheduled work day before the public holiday and his first regularly scheduled work day after the holiday.

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

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

3. Total his total incomes earned and getaway 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 includes vacation pay

Tegan works 3 days a week and makes $120 a day. She worked her last regularly set up work day before the general public holiday and her first regularly arranged day after the holiday. She and her company have concurred in writing that she will get four percent vacation pay on each paycheque.

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

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

3. Total her routine incomes made and vacation pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public holiday 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 per week. Her pay varies from week to week, according to the time she has worked. She and her employer have concurred in writing that she will get four per cent holiday pay on each pay cheque.

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

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

3. Total her routine incomes 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 holiday pay.

Example: When a staff member is on a leave

Zoe typically works 5 days a week, earning $120 a day. She receives vacation 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 wages or vacation pay. She got maternity and parental take advantage of the federal Employment Insurance program, however these benefits are not thought about “incomes.”

Zoe is entitled to receive public vacation pay for the general public holidays that fall throughout her leave as long as she works her last routinely scheduled day before her leave and her very first regularly arranged day after her leave, or has sensible cause for stopping working to do so.

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

– Regular wages 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 pay for the remainder of the public vacations that fall throughout her leave will be $0. This is due to the fact that she will not have earned any wages or getaway 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 normally 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 holiday pay. He got work insurance coverage benefits during this time, but these advantages are not considered “wages.”

Eugene was remembered to work on December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last regularly set up day before the layoff and his very first routinely scheduled day after the layoff, or has sensible cause for failing to do so.

However, due to the fact that Eugene did not make any salaries or trip pay in the 4 work weeks before those two public vacations, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a staff member’s routine rate of pay. If an employee is entitled to receive superior pay for deal with a public holiday, they should be paid 1 1/2 times their regular rate of spend 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 holiday

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 pay for a substitute vacation.

An alternative holiday must be arranged for a day that is no behind three months after the public vacation for which it was made, or, if the staff member has actually agreed digitally or in composing, the substitute day off can be scheduled as much as 12 months after the general public holiday.

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

Entitlements for public vacations

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

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

Most employees deserve to get the general public holiday off and make money public vacation pay. (Some employees might be needed to deal with a public vacation. See “Special guidelines for particular industries” later on in this chapter.)

When a public vacation falls on a worker’s non-working day or during a worker’s trip

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

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

– public vacation spend for the general public holiday, if the staff member consents to this digitally or in composing (in this case, the worker will not be provided an alternative day off).

When a worker who certifies for the day of rest has agreed digitally or in writing to work on a public holiday

Most employees have the right to get the general public vacation off and make money public holiday pay. However, if a staff member agrees digitally or in composing to work on the general public holiday, there are 2 choices:

– the staff member is entitled to receive routine salaries for all hours worked on the public holiday, plus a substitute day off work with public vacation pay;.
or.

– if the employee concurs electronically or in composing, they are entitled to public vacation spend for the public holiday plus premium pay for all hours worked on the general public holiday. In this case, the employee will not be provided a substitute day off.

Example: Calculating public holiday pay plus premium pay

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

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

Step 1: calculate public vacation pay:

1. Calculate John-Duncan’s total routine salaries earned in the four work weeks before the public holiday:
8 hours daily X $20 per hour = $160 per day
$ 160 per 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 holiday.

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

3. Add together his total incomes earned and trip pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: determine superior 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 premium pay of $240, for an overall of $400.

When a worker concurs to work on a public vacation however fails to do so

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

However, if the staff member has sensible cause for not working the public vacation, then privileges will depend on which of the 2 alternatives below the worker chose in exchange for agreeing to work on the general public holiday:

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

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

When a worker works only some of the hours they accepted work on a public vacation

If a staff member has concurred electronically or in writing to work on the public holiday but works only a few of the hours they accepted work, and does not have reasonable cause for stopping working to work all of the hours, the worker is just entitled to receive exceptional spend for each hour worked on the holiday. The employee has no right to public vacation pay or a substitute day of rest work.

Example: A typical case

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

However, if the employee has reasonable cause for working only some of the hours they consented to work on the public holiday, then:

– the worker is entitled to their routine rate for all the hours worked plus a substitute day of rest work with public holiday pay;.
or.

– if the employee had agreed electronically or in writing to deal with the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour dealt with the vacation.

Special rules for certain markets

Special guidelines apply to staff members who operate in the list below types of businesses:

– hotels, motels and resorts;.

– restaurants and pubs;.

– medical facilities and employment retirement home;.

– constant operations (which are operations, or parts of operations, that do not stop or close more than when a week – such as an oil refinery, alarm-monitoring company or the games part of a casino if the video games tables are open all the time).

A worker who operates in any of these organizations can be required to work on a public vacation without their arrangement, but only if the vacation falls on a day that the staff member would generally work and the worker is not on holiday.

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

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

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

The company chooses which of these choices will use.

Note that the employer’s capability to require staff members to work on a public vacation is subject to the worker’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee’s employment agreement. Note likewise that certain retail employees who operate in continuous operations (for instance, a 24-hour corner store) deserve to decline to work on a public vacation because of the unique rules that apply to some retail workers. See the “Retail workers” chapter of this guide for more details.

An employee in the previously noted companies who is required to deal with a public holiday that falls on their common working day however stops working to do so, with reasonable cause, is entitled to:

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

– public holiday spend for the holiday.

The employer picks which choice will apply.

A worker in any of these services who is required to deal with a public vacation that falls on their regular working day however who fails, with reasonable 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 dealt with the vacation plus a substitute vacation with public holiday pay;.
or.

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

The company picks which alternative will use.

A staff member in any of these organizations who is required to work on a public vacation that falls on their normal working day but who fails, without reasonable cause, to work part or all of the public vacation is only entitled to receive superior pay for each hour dealt with the vacation (if any). The employee has no right to public holiday pay or a substitute day off work.

Overtime calculations when an employee receives premium pay

Any hours dealt with a public vacation that are compensated with exceptional pay are not included when figuring out whether an employee has worked any overtime hours.

If employment ends

Sometimes a staff member’s job pertains to an end before the staff member can take an alternative vacation with public vacation pay that they have made. In this case, the employer should pay the employee’s public vacation pay at the exact same time it pays the employee’s final earnings. This is so regardless of the factor the job came to an end, whether it is due to the fact that the worker gave up, was fired for good reason, or for some other reason.