Qualified Employees can Be Full Time

Most workers who qualify 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 holiday and be paid:

– public vacation pay plus premium pay for all hours worked on the public holiday and not get another day of rest (called a “alternative” holiday);.
or.

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

Some employees may be needed to work on a public vacation. (See “Special rules for specific markets” later on in this Chapter.) While most staff members are eligible for the public holiday entitlement, some staff members work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if special guidelines apply, please describe the Guide to work requirements special rules and exemptions.

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

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

Regular salaries does not consist of any overtime pay, trip pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to an employee.

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

Performing both covered and exempt work

Some employees perform more than one type of work for an employer. Some 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 qualified for the 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 vacation is work that is covered.

Rupert works for a taxi business as both a taxi cab chauffeur (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.

Qualifying for public vacation entitlements

Generally, employees receive the public holiday entitlement unless they:

– stop working without affordable cause to work all of their last frequently arranged day of work before the public holiday or all of their very first regularly arranged day of work after the 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 consented to or were needed to work that day.

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

Qualified workers can be full-time, part-time, irreversible or on term agreement. It does not matter how just recently they were worked with, or how lots of days they worked before the public holiday.

The “last and very first guideline”

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

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

An employee is typically thought about to have “reasonable cause” for missing work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had affordable cause for remaining away from work. If they can do so, they still get approved for public holiday privileges.

How the last and very first guideline works

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

Example: When a staff member takes a day of rest

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

If Lev works his entire Wednesday shift before the vacation and his entire Tuesday shift after the vacation, or has affordable 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 office is closed for the vacation. 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 holiday. The company agrees. 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 affordable cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When a staff member is on trip

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 trip and first frequently set up shift after his getaway – 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 vacation takes place. If Lydia works her last routinely set up day of work before her leave, and her first regularly 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 sensible cause

A public vacation falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not deal with her last scheduled day before the holiday, and she does not have sensible cause for missing that day. She receives no spend for the vacation.

Public holiday pay

The amount of public holiday pay to which a worker is entitled is all of the regular wages made by the employee in the 4 work weeks before the work week with the general public holiday plus all of the vacation pay payable to the staff member with regard to the 4 work weeks before the work week with the public holiday, divided by 20.

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

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

Vacation pay payable

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

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

If a staff member is to receive their holiday pay in a lump amount on a certain date or dates, getaway pay will be included in the estimation of public vacation pay only if that date or dates falls during the pertinent 4 work week duration.

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

The four weeks before the general public vacation is based on 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 4 work weeks utilized to determine public vacation pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the company’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 wages earned by the worker and the vacation pay payable to the staff member with regard to the 4 work weeks from November 22 to December 19 are used in the calculation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Add together her overall incomes made and vacation 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 2 of the 4 weeks before the general public vacation. He receives trip pay before he takes his holiday. He is paid $1,600 holiday spend for his 2 weeks of trip. Brock worked his last frequently arranged work day before the public holiday and his very first routinely arranged work day after the vacation.

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

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

3. Add together his overall incomes made and vacation payable and divide the sum 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 vacation pay

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

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

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

3. Combine her regular salaries made 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 holiday pay.

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

Bertie does not work a set number 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 actually agreed in writing that she will receive 4 per cent vacation pay on each pay cheque.

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

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

3. Add together her routine incomes earned and vacation 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 usually works 5 days a week, making $120 a day. She receives trip pay before she goes on holiday. 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 holiday pay. She got maternity and parental gain from the federal Employment Insurance program, but these advantages are not thought about “earnings.”

Zoe is entitled to receive public vacation pay for the general public vacations that fall during her leave as long as she works her last regularly scheduled day before her leave and her first frequently arranged day after her leave, or has reasonable 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 spend for Canada Day is:

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

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

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

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

Example: When an employee is on a layoff

Eugene generally works five days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid salaries or holiday pay. He received work insurance coverage benefits during this time, however these benefits are ruled out “incomes.”

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 frequently arranged day before the layoff and his first routinely scheduled day after the layoff, or has affordable cause for stopping working to do so.

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

Premium pay

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

For instance, Nathan’s regular 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

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

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

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

Entitlements for public vacations

Entitlements for public holidays vary 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 holiday. The various privileges are set out listed below.

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

Most workers deserve to get the public holiday off and make money public vacation pay. (Some workers may be required to deal with a public holiday. See “Special rules for specific industries” later in this chapter.)

When a public vacation falls on a staff member’s non-working day or during a worker’s getaway

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

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

– public holiday pay for the general public vacation, if the employee concurs to this digitally or in writing (in this case, the worker will not be given an alternative day of rest).

When a worker who receives the day off has concurred electronically or in writing to work on a public vacation

Most workers have the right to get the general public holiday off and make money public holiday pay. However, if an employee agrees digitally or in composing to deal with the public holiday, there are two options:

– the staff member is entitled to get regular incomes for all hours dealt with the public holiday, plus an alternative day of rest work with public vacation pay;.
or.

– if the staff member agrees digitally or in writing, they are entitled to public holiday pay for the general public holiday plus premium spend for all hours dealt with the general public vacation. In this case, the employee will not be given an alternative 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 employer have actually concurred digitally or employment in composing that he will deal with the public holiday and that, rather of getting a replacement holiday, he will be paid public holiday pay plus premium pay for all the hours he deals with the holiday.

John-Duncan routinely works eight hours a day, five days a week. His regular per hour pay rate is $20. He has dealt with all his scheduled work days in the four work weeks before the general public holiday. He works eight hours on the general public holiday. He gets his getaway pay when his holiday is taken. He was not on holiday throughout the 4 work weeks leading up to the general public vacation

Step 1: calculate public vacation pay:

1. Calculate John-Duncan’s overall regular in the four work weeks before the general public holiday:
8 hours each 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 4 work weeks before the general public holiday.

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

3. Add together his overall salaries earned and holiday pay and divide the sum 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 work on the public vacation is calculated:.
$ 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 exceptional pay of $240, for an overall of $400.

When a staff member accepts work on a public holiday but stops working to do so

If an employee has actually agreed digitally or in writing to deal with the general public holiday however does refrain from doing so – and does not have reasonable cause for not having actually done so – the employee has no right to public holiday pay or to an alternative day off with pay.

However, if the staff member has sensible cause for not working the public vacation, then entitlements will depend upon which of the two options below the employee picked in exchange for accepting work on the public vacation:

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

– if the employee had actually agreed electronically or in composing 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 spend for the vacation. The worker is not entitled to get any superior pay since they did not perform any work on the holiday.

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

If an employee has agreed electronically or in writing to deal with the general public holiday however works only some of the hours they accepted work, and does not have reasonable cause for stopping working to work all of the hours, the worker is only entitled to get premium spend for each hour worked on the vacation. The employee has no right to public vacation pay or a substitute day off work.

Example: A typical case

Trudi had agreed in composing that she would work 8 hours on Canada Day however she only worked four hours and did not have affordable 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 worker has sensible cause for working only some of the hours they concurred to deal with the public holiday, then:

– the employee is entitled to their regular rate for all the hours worked plus a substitute day off deal with public holiday pay;.
or.

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

Special rules for certain markets

Special rules use to employees who operate in the following kinds of companies:

– hotels, motels and traveler resorts;.

– dining establishments and taverns;.

– healthcare facilities and retirement home;.

– continuous operations (which are operations, or employment 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 video games part of a gambling establishment if the video games tables are open all the time).

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

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

– their routine 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 employer selects which of these alternatives will use.

Note that the employer’s ability to require workers to work on a public holiday 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 staff member’s employment agreement. Note also that certain retail workers who work in constant operations (for instance, a 24-hour benefit shop) deserve to decline to work on a public vacation due to the fact that of the special rules that use to some retail workers. See the “Retail employees” chapter of this guide for more info.

A staff member in the previously noted services who is needed to deal with a public vacation that falls on their ordinary working day but fails to do so, with sensible cause, is entitled to:

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

– public vacation spend for the holiday.

The employer selects which option will apply.

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

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

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

The employer chooses which choice will apply.

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

Overtime computations when an employee gets superior pay

Any hours worked on a public vacation that are compensated with superior pay are not consisted of when determining whether a worker has actually worked any overtime hours.

If work ends

Sometimes a staff member’s task concerns an end before the employee can take an alternative vacation with public holiday pay that they have made. In this case, the company must pay the staff member’s public vacation pay at the very same time it pays the worker’s last salaries. This is so despite the reason the job came to an end, whether it is because the worker stopped, was fired for great factor, or for some other reason.