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 composing to deal with the vacation and be paid:

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

– be paid their routine earnings for all hours worked on the public holiday and get another substitute vacation for which they should be paid public vacation pay.

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

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

See “Public holiday pay” later in this chapter.

Regular wages does not consist of any overtime pay, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of assignment pay payable to a worker.

While some employers offer their workers a holiday on Easter Sunday, Easter Monday, the 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 staff members carry out more than one type of work for employment an employer. A few of this work might be covered by the public holiday part of the ESA, while another sort of work might be exempt from public holiday coverage.

If an employee performs both type of work, exempt and covered, they are qualified for the public holiday entitlement with regard to a specific public vacation if at least half of the work performed in the work week of the general public vacation is work that is covered.

Rupert works for a taxi company as both a taxi cab driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is qualified for the general public vacation privilege for Canada Day.

Qualifying for public holiday entitlements

Generally, workers get approved for the 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 holiday or all of their first frequently 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 whole shift on the general public holiday if they consented to or were required to work that day.

Note: Most staff members who fail to qualify for the general public vacation privilege are still entitled to be paid superior 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 recently they were employed, or the number of days they worked before the public holiday.

The “last and first guideline”

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

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

Reasonable cause

A worker is generally thought about to have “affordable cause” for missing out on work when something beyond their control prevents the staff member from working. Employees are accountable for showing that they had affordable cause for remaining away from work. If they can do so, they still qualify for public holiday entitlements.

How the last and first rule works

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

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for consent to take off the Thursday before the public vacation because he has a personal appointment. His company concurs. Lev’s last routinely arranged work day before the holiday is now considered to be on the Wednesday.

If Lev works his entire Wednesday shift before the vacation 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 holiday.

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the vacation. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the general public vacation. The employer agrees. Doris’s regularly arranged shift on the Thursday before the general 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 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 regularly set up shift before his holiday and very first routinely set up shift after his getaway – on June 24 and July 10 – or has affordable cause for failing 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 vacation happens. If Lydia works her last routinely set up day of work before her leave, and her very 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 affordable cause for missing out on that day. She gets no pay for the holiday.

Public holiday pay

The amount of public holiday pay to which an employee is entitled is all of the routine earnings made by the employee in the four work weeks before the work week with the general 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 vacation, divided by 20.

When to consist of trip pay in the estimation of public vacation pay

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

Vacation pay payable

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

If the employee is to be paid vacation pay with every pay cheque the quantity of getaway pay to include in the computation of public vacation pay will be at least 4 per cent of all of the staff member’s earnings earned throughout the 4 work week duration. (Note that if an employee makes a greater percentage of getaway pay, such as 6 per cent of incomes, then the “vacation pay payable” will be based upon that greater portion.)

If a staff member is to get their holiday pay in a swelling sum on a certain date or dates, getaway pay will be consisted of in the calculation of public vacation pay just if that date or dates falls during the appropriate 4 work week duration.

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

The 4 weeks before the general public vacation is based upon the employer’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 4 work weeks used to calculate public vacation pay are those four weeks counting in reverse from the 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 routine 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 vacation pay.

Calculating public vacation pay

Iryna works 5 days a week and earns $120 a day. She worked her last routinely arranged work day before the general public holiday and her very first regularly arranged day after the vacation. She receives her getaway pay when her holiday is taken. She was not on getaway during the 4 work weeks leading up to the general public holiday.

1. Calculate Iryna’s total routine salaries made:
$ 120 each day X 5 days = $600 per week
$ 600 per week 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 trip pay payable with respect to the 4 work week period:.
Iryna receives her trip pay when she takes her getaway. Because she was not on holiday throughout the four work week period, the amount of trip pay payable with respect to the four work weeks before the general public holiday = $0.

3. Combine her total incomes 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 holiday pay.

Example: When holiday time is involved

Brock works five days a week and makes $160 a day. He was on getaway for 2 of the 4 weeks before the general public vacation. He gets trip pay before he takes his trip. He is paid $1,600 getaway pay for his 2 weeks of holiday. Brock worked his last regularly set up work day before the general public vacation and his first routinely set up work day after the holiday.

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

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

3. Combine his overall incomes earned and trip payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

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

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

1. Calculate Tegan’s routine incomes earned:.
$ 120 per day X 3 days = $360 weekly.
$ 360 per 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 routine wages earned and getaway 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 consists of holiday pay

Bertie does not work a set variety of hours each day or days weekly. Her pay differs from week to week, according to the time she has worked. She and her employer have concurred in writing that she will receive 4 percent trip pay on each pay cheque.

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

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

3. Add together her regular salaries 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 vacation pay.

Example: When a worker is on a leave

Zoe generally works 5 days a week, making $120 a day. She receives holiday pay before she goes on trip. 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 wages or getaway pay. She received maternity and adult gain from the federal Employment Insurance program, but these advantages are ruled out “wages.”

Zoe is entitled to get public vacation spend for the general public holidays that fall throughout her leave as long as she works her last frequently arranged day before her leave and her first regularly set up day after her leave, or has reasonable cause for stopping working to do so.

Zoe went on leave on June 10 and just worked 7 days throughout the four work weeks before the Canada Day public vacation. Her public holiday spend 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 4 work week duration).

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

Her public holiday spend for the rest of the public vacations that fall throughout her leave will be $0. This is due to the fact that she will not have actually earned any earnings 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 typically works 5 days a week, earning $100 a day. He was placed on short-lived layoff on November 15. During his layoff, Eugene was not paid earnings or vacation pay. He received work insurance coverage benefits throughout this time, but these advantages are not considered “incomes.”

Eugene was remembered to work on December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last frequently arranged day before the layoff and his first routinely arranged day after the layoff, or has affordable cause for failing to do so.

However, because Eugene did not make any earnings or trip pay in the four work weeks before those 2 public holidays, the quantity of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker’s routine rate of pay. If a staff member is entitled to get superior pay for work on 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 indicates that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

A substitute vacation is another working day of rest work that is designated to replace a public vacation. Employees are entitled to be paid public holiday spend for a substitute vacation.

An alternative holiday need to be set up for a day that is no behind 3 months after the general public holiday for which it was earned, or, if the worker has concurred electronically or in composing, the substitute day off can be scheduled up to 12 months after the general public vacation.

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

Entitlements for public vacations

Entitlements for public holidays vary 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 holiday. The different entitlements are set out listed below.

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

Most staff members have the right to get the public holiday off and make money public holiday pay. (Some employees might be needed to work on a public vacation. See “Special guidelines for specific markets” later on in this chapter.)

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

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

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

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

When an employee who gets approved for the day off has concurred digitally or in writing to deal with a public holiday

Most staff members have the right to get the public vacation off and make money public holiday pay. However, if a staff member concurs electronically or in writing to work on the general public holiday, there are two options:

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

– if the worker agrees 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 vacation. In this case, the employee will not be provided a substitute day off.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan frequently works 8 hours a day, 5 days a week. His regular hourly pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public vacation. He works 8 hours on the public vacation. He gets his getaway pay when his vacation is taken. He was not on holiday during the four work weeks leading up to the public holiday

Step 1: determine public holiday pay:

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

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

3. Combine his total earnings made and trip 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 exceptional pay

Finally, the premium pay owing to John-Duncan for his work on the general public holiday is determined:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay 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 worker accepts deal with a public holiday however stops working to do so

If a staff member has actually agreed digitally or in writing to work on the general public holiday but does not do so – and does not have reasonable cause for not having actually done so – the worker has no right to public vacation pay or to an alternative day off with pay.

However, if the employee has affordable cause for not working the general public vacation, then entitlements will depend on which of the two alternatives listed below the employee picked in exchange for concurring to work on the public vacation:

– if the worker had agreed electronically or in writing to work on the public holiday for regular salaries plus a substitute day off with public vacation pay, the worker is entitled to a substitute day of rest deal with public holiday pay;.
or.

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

When an employee works only a few of the hours they agreed to work on a public vacation

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

Example: A normal case

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

However, if the employee has affordable cause for working just some of the hours they concurred to work on the general public vacation, then:

– the employee is entitled to their regular rate for all the hours worked plus an alternative day of rest work with public holiday pay;.
or.

– if the employee had actually concurred electronically or in composing to work on the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour dealt with the holiday.

Special rules for particular markets

Special guidelines apply to employees who work in the list below types of organizations:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– medical facilities and assisted living home;.

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

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

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

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

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

The employer selects which of these alternatives will use.

Note that the employer’s capability to need employees to deal with a public holiday undergoes the employee’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee’s work agreement. Note likewise that particular retail workers who work in constant operations (for instance, a 24-hour corner store) have the right to decline to work on a public vacation due to the fact that of the special rules that use to some retail employees. See the “Retail workers” chapter of this guide to learn more.

An employee in the previously listed businesses who is required to work on a public vacation that falls on their common working day but fails to do so, with affordable cause, is entitled to:

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

– public vacation spend for the vacation.

The company selects which alternative will use.

A worker in any of these businesses who is needed to work on a public vacation that falls on their regular working day however who stops working, with reasonable cause, to work a few of the hours they were needed to deal with the holiday is entitled to either:

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

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

The employer chooses which choice will use.

A staff member in any of these organizations who is needed to work on a public holiday that falls on their ordinary working day but who stops working, without reasonable cause, to work part or all of the public vacation is only entitled to receive superior pay for each hour worked on the vacation (if any). The staff member has no right to public vacation pay or an alternative day off work.

Overtime computations when a staff member receives superior pay

Any hours worked on a public holiday that are compensated with exceptional pay are not included when figuring out whether a staff member has worked any overtime hours.

If employment ends

Sometimes a worker’s task comes to an end before the staff member can take a substitute holiday with public holiday pay that they have actually earned. In this case, the employer needs to pay the employee’s public vacation pay at the same time it pays the employee’s last incomes. This is so no matter the factor the task concerned an end, whether it is since the worker gave up, was fired for great factor, or for some other reason.