Qualified Employees can Be Full-time

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

Alternatively, the worker can agree digitally or in writing to work on the vacation and be paid:

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

– be paid their regular wages for all hours dealt with the public vacation and receive another replacement vacation for which they should be paid public holiday pay.

Some staff members may be needed to work on a public vacation. (See “Special guidelines for particular industries” later on in this Chapter.) While most staff members are qualified for the public holiday entitlement, some workers operate in tasks that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a task is covered, or if unique rules 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 employment standards entitlements.

See “Public holiday pay” later in this chapter.

Regular wages does not consist of any overtime pay, holiday pay, public vacation 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 give their employees a vacation on Easter Sunday, Easter Monday, the 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 kind of work for an employer. 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 coverage.

If a staff member performs both sort of work, exempt and covered, they are qualified for the general public vacation entitlement with respect to a specific public vacation if at least half of the work carried out in the work week of the public holiday is work that is covered.

Rupert works for employment a taxi company as both a taxi cab motorist (work that is exempt from public vacation coverage) 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, he is eligible for the general public holiday privilege for Canada Day.

Getting approved for public holiday privileges

Generally, employees receive the general public vacation entitlement unless they:

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

– fail without reasonable cause to work their whole shift on the general public vacation if they concurred to or were needed to work that day.

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

Qualified staff members can be complete time, part time, irreversible 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 guideline”

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

For instance, a staff member may not be arranged to work the day right before or after the vacation. As long as the worker works all of their last routinely scheduled shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they satisfy this qualifying criterion.

Reasonable cause

An employee is usually considered to have “affordable cause” for missing work when something beyond their control prevents the worker from working. Employees are accountable for showing that they had sensible cause for keeping away from work. If they can do so, they still receive public vacation privileges.

How the last and first guideline works

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

Example: When a worker takes a day off

A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for approval to take off the Thursday before the public holiday because he has an individual visit. His company agrees. 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 entire Tuesday shift after the holiday, or has reasonable cause for not working either of those days, he qualifies for the paid public vacation.

Example: When an employee 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 wishes to leave at 3 p.m. on the Thursday before the general public vacation. The employer concurs. Doris’s regularly set up shift on the Thursday before the 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 sensible cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a staff member is on getaway

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

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last regularly scheduled day of work before her leave, and her very first frequently set up day of work after her leave, or employment has sensible cause for failing 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 workplace is closed for the holiday. Ellen does not deal with her last day before the vacation, and she does not have reasonable cause for missing that day. She receives no pay for the vacation.

Public vacation pay

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

When to include trip pay in the estimation of public holiday pay

The amount of trip pay payable to consist of in the computation of public holiday pay depends upon whether the staff member is on holiday at any time during the 4 work weeks prior to the public holiday, and the manner in which the employee is to be paid holiday pay. Please refer to the Vacation chapter for info on the different ways trip pay can be paid.

Vacation pay payable

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

If the worker is to be paid trip pay with every pay cheque the amount of vacation pay to include in the calculation of public vacation pay will be at least 4 per cent of all of the worker’s incomes earned during the 4 work week duration. (Note that if a staff member makes a higher portion of getaway pay, such as 6 percent of incomes, then the “vacation pay payable” will be based on that higher portion.)

If an employee is to get their trip pay in a lump sum on a certain date or dates, vacation pay will be consisted of in the calculation of public holiday pay just if that date or dates falls throughout the pertinent four work week period.

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

The four 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 4 work weeks used to compute public holiday pay are those four weeks counting in reverse from the first Wednesday (the last day of the company’s work week) before the work week in which the public holiday 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 earnings made by the employee and the trip pay payable to the worker with respect to the four 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 regularly set up work day before the public vacation and her very first frequently arranged day after the vacation. She receives her vacation pay when her getaway is taken. She was not on vacation throughout the 4 work weeks leading up to the general public holiday.

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

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

3. Add together her total wages earned and getaway pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public holiday pay.

Example: When trip time is included

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

1. Calculate Brock’s overall routine wages made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Add together his total earnings 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 holiday pay.

Example: When a staff member works part-time and each pay cheque consists of holiday pay

Tegan works 3 days a week and earns $120 a day. She worked her last routinely scheduled work day before the general public holiday and her first regularly set up day after the holiday. She and her company have actually agreed in composing that she will receive four percent getaway pay on each paycheque.

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

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

3. Combine her regular salaries made and vacation 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 getaway pay

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

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

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

3. Add together her routine earnings earned and getaway 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 normally works 5 days a week, making $120 a day. She receives vacation pay before she goes on vacation. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid wages or vacation pay. She received maternity and parental advantages from the federal Employment Insurance program, but these advantages are not considered “wages.”

Zoe is entitled to receive public vacation pay for employment the general public vacations that fall during her leave as long as she works her last routinely arranged day before her leave and her first regularly scheduled 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 four work weeks before the Canada Day public vacation. Her public vacation spend for Canada Day is:

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

– Vacation pay payable: $0 (she was not on getaway throughout the 4 work week duration).

– Public holiday 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 since she will not have actually earned any incomes or trip pay on any of the days throughout the four work weeks before each of those holidays.

Example: When an employee is on a layoff

Eugene normally works five days a week, earning $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid wages or getaway pay. He received work insurance benefits during this time, but these benefits are not considered “salaries.”

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

However, due to the fact that Eugene did not make any incomes or holiday pay in the 4 work weeks before those two 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 staff member’s routine rate of pay. If an employee is entitled to receive premium pay for deal with a public holiday, they need to be paid 1 1/2 times their regular rate of spend for each hour worked.

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

Substitute vacation

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

A substitute vacation should be set up for a day that is no later than 3 months after the general public vacation for which it was made, or, if the worker has agreed digitally or in composing, the alternative day of rest can be scheduled as much as 12 months after the general public vacation.

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

Entitlements for public holidays

Entitlements for public holidays differ depending on 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 below.

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

Most employees have the right to get the public vacation off and get paid public holiday pay. (Some workers might be required to work on a public holiday. See “Special guidelines for specific industries” later on in this chapter.)

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

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

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

– public holiday spend for the general public vacation, if the worker consents to this electronically or in writing (in this case, the employee will not be given a substitute day of rest).

When an employee who receives the day off has agreed electronically or in writing to deal with a public vacation

Most staff members have the right to get the general public holiday off and get paid public vacation pay. However, if a worker concurs digitally or in writing to deal with the public vacation, there are two alternatives:

– the staff member is entitled to get regular salaries for all hours dealt with the general public holiday, plus an alternative day off deal with public vacation pay;.
or.

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

Example: Calculating public vacation pay plus premium pay

A public holiday falls on one of John-Duncan’s typical working days. He and his company have actually agreed electronically or in writing that he will deal with the public holiday which, instead of getting an alternative vacation, he will be paid public vacation pay plus premium pay for all the hours he works on the holiday.

John-Duncan routinely works 8 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 4 work weeks before the general public vacation. He works 8 hours on the public holiday. He gets his getaway pay when his holiday is taken. He was not on trip during the 4 work weeks leading up to the general public holiday

Step 1: determine public holiday pay:

1. Calculate John-Duncan’s overall regular salaries earned in the 4 work weeks before the public vacation:
8 hours per day X $20 per hour = $160 each day
$ 160 each 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 holiday.

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

3. Total his total earnings earned and employment trip 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: calculate premium pay

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

Result: John-Duncan is entitled to public vacation pay of $160 and superior pay of $240, for a total of $400.

When a worker accepts work on a public holiday however stops working to do so

If an employee has actually concurred digitally or in writing to work on the general public vacation but does refrain from doing so – and does not have reasonable cause for not having done so – the worker has no right to public vacation pay or to a substitute day off with pay.

However, if the employee has affordable cause for not working the public vacation, then entitlements will depend upon which of the two options listed below the worker selected in exchange for consenting to deal with the public vacation:

– if the staff member had agreed digitally or in composing to deal with the general public vacation for routine earnings plus an alternative day of rest with public vacation pay, the staff member is entitled to an alternative day off work with public vacation pay;.
or.

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

When a worker works only a few of the hours they concurred to work on a public vacation

If a staff member has concurred digitally or in writing to deal with the general public holiday but works only a few of the hours they concurred to work, and does not have affordable cause for failing to work all of the hours, the staff member is just entitled to receive exceptional pay for each hour worked on the vacation. The staff member has no right to public holiday pay or an alternative day off work.

Example: A normal case

Trudi had concurred in composing that she would work eight hours on Canada Day but she just worked four hours and did not have affordable cause for failing to work the other 4 hours. Trudi is entitled just to premium spend for the 4 hours she dealt with the holiday. She is not entitled to public vacation pay or to a substitute day off work.

However, if the staff member has reasonable cause for working only some of the hours they concurred to work on the public vacation, then:

– the worker is entitled to their routine rate for all the hours worked plus an alternative day off work with public holiday pay;.
or.

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

Special rules for particular markets

Special rules apply to staff members who operate in the following types of companies:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– hospitals and nursing homes;.

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

A worker who operates in any of these companies can be needed to work on a public vacation without their arrangement, employment however just if the vacation falls on a day that the employee would generally 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 dealt with the public vacation, employment plus a substitute day off work with public holiday pay;.
or.

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

The company chooses which of these alternatives will use.

Note that the company’s ability to require staff members to deal with a public vacation goes through the employee’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the regards to the employee’s employment agreement. Note likewise that specific retail employees who operate in constant operations (for instance, a 24-hour corner store) deserve to decline to work on a public holiday because of the unique guidelines that use to some retail employees. See the “Retail workers” chapter of this guide for more info.

A worker in the formerly listed businesses who is needed to deal with a public holiday that falls on their regular working day however stops working to do so, with affordable cause, is entitled to:

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

– public holiday pay for the vacation.

The company picks which choice will apply.

A worker in any of these companies who is needed to deal with a public holiday that falls on their common working day however who stops working, with affordable cause, to work some of the hours they were required to deal with the holiday is entitled to either:

– their regular rate for each hour dealt with the vacation plus an alternative vacation with public vacation pay;.
or.

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

The company selects which option will use.

A staff member in any of these organizations who is needed to deal with a public holiday that falls on their regular working day but who stops working, without affordable cause, to work part or all of the general public vacation is only entitled to get exceptional pay for each hour dealt with the holiday (if any). The employee has no right to public holiday pay or a substitute day off work.

Overtime calculations when an employee receives superior pay

Any hours worked on a public vacation 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 staff member’s job pertains to an end before the staff member can take a replacement holiday with public vacation pay that they have actually earned. In this case, the employer must pay the worker’s public holiday pay at the very same time it pays the staff member’s final incomes. This is so no matter the reason the job concerned an end, whether it is because the employee stopped, was fired for good factor, or for some other factor.