Qualified Employees can Be Full Time

Most employees who certify are entitled to take nowadays off work and be paid public holiday pay.

Alternatively, the worker can agree electronically or in composing to deal with the vacation and be paid:

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

– be paid their routine salaries for all hours dealt with the public holiday and receive another alternative holiday for which they should be paid public holiday pay.

Some employees might be needed to deal with a public vacation. (See “Special rules for particular industries” later in this Chapter.) While many employees are qualified for the public holiday privilege, some workers operate in tasks that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To figure out whether a task is covered, or if special guidelines use, please refer to the Guide to employment requirements special guidelines and exemptions.

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

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

Regular salaries does not include any overtime pay, holiday 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 offer their staff members 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 type of work for a company. Some of this work might be covered by the public vacation part of the ESA, while another sort of work might be exempt from public vacation protection.

If an employee performs both type of work, exempt and job covered, they are qualified for the public vacation entitlement with regard to a particular public holiday if a minimum of half of the work carried out in the work week of the public holiday is work that is covered.

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public holiday protection) and a dispatcher (work that is covered by the public holiday 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, job he is qualified for the public holiday entitlement for Canada Day.

Getting approved for public vacation privileges

Generally, workers receive the general public vacation privilege unless they:

– stop working without reasonable cause to work all of their last regularly set up 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 entire shift on the public holiday if they accepted or were needed to work that day.

Note: Most workers who fail to receive the general public holiday entitlement are still entitled to be paid exceptional pay for every hour they deal with 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 how lots of days they worked before the general public vacation.

The “last and very first rule”

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

For example, an employee might not be arranged to work the day right before or after the holiday. As long as the employee works all of their last frequently arranged shift before the holiday and all of the first one after it, or has affordable cause for not working either of those days, they fulfill this certifying criterion.

Reasonable cause

An employee is typically thought about to have “affordable cause” for missing out on work when something beyond their control avoids the employee from working. Employees are responsible for revealing that they had sensible cause for remaining away from work. If they can do so, they still receive public holiday entitlements.

How the last and first guideline works

Rosie’s routine work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s work environment closes down for that day. If Rosie works the whole 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 an employee takes a day of rest

A public holiday falls on a Monday, and Lev’s work environment closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for permission to remove the Thursday before the general public vacation because he has an individual visit. His company concurs. Lev’s last regularly 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 whole Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he certifies 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 wishes to leave at 3 p.m. on the Thursday before the public holiday. The company concurs. Doris’s regularly scheduled shift on the Thursday before the public holiday is now thought about to be from 9 a.m. to 3 p.m.

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

Example: When a worker is on trip

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly scheduled shift before his holiday and very first frequently scheduled shift after his holiday – on June 24 and July 10 – or has affordable cause for failing to do so, he will get approved for the paid public holiday.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last frequently set up day of work before her leave, and her very first routinely set up day of work after her leave, or has affordable cause for failing to do so, she will be entitled to the paid public vacation.

Example: When there is no reasonable cause

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

Public vacation pay

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

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

The quantity of trip pay payable to consist of in the calculation of public holiday pay depends upon whether the employee is on holiday at any time throughout the 4 work weeks prior to the general public holiday, and the way in which the staff member is to be paid holiday pay. Please describe the Vacation chapter for info on the various ways holiday pay can be paid.

Vacation pay payable

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

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

If a staff member is to get their getaway pay in a lump sum on a specific date or dates, vacation pay will be included in the calculation of public vacation pay only if that date or dates falls during the relevant 4 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 on 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 four work weeks utilized to determine public vacation pay are those 4 weeks counting in reverse from the very first Wednesday (the last day of the company’s work week) before the work week in which the general public holiday falls.

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

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

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

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

Public holiday: Tuesday, December 25

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

Calculating public vacation pay

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

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

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

3. Total her overall salaries earned 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 holiday pay.

Example: When getaway time is included

Brock works 5 days a week and makes $160 a day. He was on holiday for two of the four weeks before the general public holiday. He receives holiday pay before he takes his trip. He is paid $1,600 trip pay for his 2 weeks of trip. Brock worked his last regularly scheduled work day before the public holiday and his very first routinely set up work day after the holiday.

1. Calculate Brock’s overall regular earnings made:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

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

3. Combine his overall wages earned 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 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 routinely arranged work day before the public vacation and her first frequently arranged day after the holiday. She and her employer have concurred in composing that she will receive 4 percent vacation pay on each paycheque.

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

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

3. Add together her regular earnings 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 vacation pay.

Example: When there are no set hours and each pay cheque includes getaway pay

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

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

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

3. Add together her regular earnings 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 normally 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 salaries or getaway pay. She got maternity and parental gain from the federal Employment Insurance program, but these benefits are not considered “salaries.”

Zoe is entitled to get public holiday pay for the general public holidays that fall throughout her leave as long as she works her last routinely arranged day before her leave and her first frequently 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 7 days during the 4 work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is:

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

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

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

Her public holiday pay for the rest of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have actually made any incomes or vacation pay on any of the days throughout the 4 work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene typically works 5 days a week, making $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He received work insurance benefits throughout this time, but these benefits are ruled out “incomes.”

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 set up day before the layoff and his first regularly scheduled day after the layoff, or has sensible cause for failing to do so.

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

For instance, Nathan’s regular rate of pay is $20 an hour. This suggests that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

A replacement holiday is another working day of rest work that is designated to change a public vacation. Employees are entitled to be paid public vacation spend for an alternative holiday.

A replacement vacation must be scheduled for a day that is no behind 3 months after the public vacation for which it was earned, or, if the employee has actually concurred electronically or in writing, the substitute day off can be arranged as much as 12 months after the public holiday.

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

Entitlements for public vacations

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

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

Most workers have the right to get the general public holiday off and earn money public holiday pay. (Some workers might be needed to work on a public holiday. See “Special guidelines for certain industries” later in this chapter.)

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

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

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

– public holiday pay for the public vacation, if the employee concurs to this electronically or in composing (in this case, the employee will not be provided an alternative day of rest).

When an employee who gets approved for the day of rest has agreed electronically or in writing to deal with a public holiday

Most staff members deserve to get the general public holiday off and earn money public holiday pay. However, if an employee concurs electronically or in writing to deal with the general public holiday, there are 2 choices:

– the employee is entitled to get routine incomes for all hours dealt with the general public vacation, plus a substitute day of rest deal with public holiday pay;.
or.

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

Example: Calculating public holiday pay plus premium pay

A public holiday falls on among John-Duncan’s normal working days. He and his company have agreed digitally or in composing that he will deal with the general public vacation which, instead of getting a substitute vacation, he will be paid public vacation pay plus premium pay for all the hours he deals with the vacation.

John-Duncan routinely works eight hours a day, 5 days a week. His regular per hour pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public holiday. He works 8 hours on the public holiday. He gets 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: calculate public holiday pay:

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

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

3. Add together his overall salaries earned and holiday pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: determine exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with the general 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 holiday pay of $160 and premium pay of $240, for a total of $400.

When a worker accepts deal with a public holiday however fails to do so

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

However, if the employee has sensible cause for not working the general public holiday, then entitlements will depend on which of the 2 choices listed below the staff member selected in exchange for agreeing to work on the public vacation:

– if the staff member had actually concurred electronically or in writing to work on the general public holiday for regular earnings plus a substitute day off with public holiday pay, the employee is entitled to an alternative day of rest work with public vacation pay;.
or.

– if the staff member had concurred electronically or in writing to work on the public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay for the holiday. The staff member is not entitled to get any exceptional 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 agreed electronically or in composing to deal with the general public vacation but works only a few of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the worker is only entitled to get exceptional spend for each hour worked on the vacation. The employee has no right to public holiday pay or a substitute day of rest work.

Example: A typical case

Trudi had actually agreed in composing that she would work 8 hours on Canada Day but she just worked 4 hours and did not have reasonable cause for stopping working to work the other four hours. Trudi is entitled only to premium spend for the four hours she dealt with the vacation. She is not entitled to public vacation pay or to an alternative day off work.

However, if the staff member has affordable cause for working just some of the hours they consented to work on the public holiday, then:

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

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

Special rules for certain markets

Special rules use to staff members who operate in the list below kinds of businesses:

– hotels, motels and tourist resorts;.

– restaurants and pubs;.

– medical facilities and nursing homes;.

– continuous 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 games part of a gambling establishment if the games tables are open all the time).

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

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

– their routine rate for the hours worked on the general public holiday, plus a substitute day of rest work with public vacation pay;.
or.

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

The company selects which of these choices will apply.

Note that the employer’s capability to require workers to work on a public holiday goes through the staff member’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the employee’s employment agreement. Note likewise that particular retail workers who operate in constant operations (for example, a 24-hour convenience store) can decline to work on a public vacation since of the special rules that apply to some retail employees. See the “Retail employees” chapter of this guide for more details.

A staff member in the formerly noted organizations who is required to work on a public vacation that falls on their regular working day but stops working to do so, with sensible cause, is entitled to:

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

– public holiday pay for the vacation.

The company picks which option will apply.

A staff member in any of these companies who is required to deal with a public holiday that falls on their ordinary working day but who fails, with affordable 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 dealt with the holiday plus an alternative holiday with public holiday pay;.
or.

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

The company selects which option will apply.

An employee in any of these organizations who is needed to deal with a public holiday that falls on their normal working day however who fails, without sensible cause, to work part or all of the general public vacation is just entitled to receive exceptional pay for each hour dealt with the holiday (if any). The worker has no right to public holiday pay or a substitute day off work.

Overtime calculations when a staff member gets superior pay

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

If employment ends

Sometimes a worker’s job concerns an end before the worker can take a substitute holiday with public vacation pay that they have actually earned. In this case, the employer must pay the staff member’s public holiday pay at the same time it pays the employee’s final incomes. This is so despite the reason the task concerned an end, whether it is because the worker gave up, was fired for excellent factor, or for some other factor.