Qualified Employees can Be Full-time

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

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

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

– be paid their regular incomes for all hours dealt with the general public vacation and get another alternative vacation for which they need to be paid public vacation pay.

Some staff members might be required to deal with a public vacation. (See “Special rules for certain industries” later on in this Chapter.) While a lot of staff members are eligible for the general public vacation entitlement, some staff members work in tasks that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To figure out whether a job is covered, or if special rules use, job please describe the Guide to work standards special rules and exemptions.

Use the Employment Standards Self-Service Tool to examine compliance with public vacations and other employment standards entitlements.

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

Regular earnings 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 staff member.

While some companies give 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 workers carry out more than one kind of work for an employer. A few of this work may be covered by the public vacation part of the ESA, while another type 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 performed 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 vacation 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 vacation part of the ESA, he is eligible for the general public vacation privilege for Canada Day.

Receiving public vacation privileges

Generally, employees receive the public vacation entitlement unless they:

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

– fail without reasonable cause to work their entire shift on the public holiday if they consented to or were needed to work that day.

Note: Most workers who fail to receive the public vacation entitlement are still entitled to be paid premium spend for every hour they deal with the holiday.

Qualified employees can be full time, part time, permanent or on term contract. It does not matter how recently they were hired, or the number of days they worked before the public vacation.

The “last and first guideline”

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

For example, a worker might not be set up to work the day right before or after the holiday. As long as the staff member works all of their last regularly arranged shift before the vacation and all of the first one after it, or has reasonable cause for not working either of those days, they satisfy this certifying criterion.

Reasonable cause

An employee is generally thought about to have “reasonable cause” for missing out on work when something beyond their control avoids the staff member from working. Employees are accountable for revealing that they had reasonable cause for staying away from work. If they can do so, they still certify for public holiday entitlements.

How the last and very first rule works

Rosie’s regular work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s office 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 reasonable cause for failing to work either of those days, she qualifies to be spent for the vacation.

Example: When a worker takes a day off

A public vacation falls on a Monday, and Lev’s work environment closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his company for approval to take off the Thursday before the public holiday since he has an individual visit. His company concurs. Lev’s last frequently arranged work day before the vacation is now thought about to be on the Wednesday.

If Lev works his entire Wednesday shift before the holiday and his whole Tuesday shift after the vacation, or has affordable 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 typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the public holiday. The company concurs. Doris’s regularly set up 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, job or has reasonable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a staff member is on holiday

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

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last regularly scheduled day of work before her leave, and her very first frequently scheduled day of work after her leave, or has affordable 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 holiday. Ellen does not work on her last scheduled day before the holiday, and she does not have reasonable cause for missing that day. She receives no spend for the holiday.

Public holiday pay

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

When to include getaway pay in the computation of public vacation pay

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

Vacation pay payable

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

If the staff member is to be paid vacation pay with every pay cheque the quantity of vacation pay to include in the estimation of public holiday pay will be at least 4 percent of all of the employee’s earnings made during the four work week period. (Note that if an employee earns a higher portion of getaway pay, such as six per cent of salaries, then the “holiday pay payable” will be based upon that greater percentage.)

If a worker is to receive their holiday pay in a swelling sum on a particular date or dates, getaway pay will be included in the estimation of public holiday pay just if that date or dates falls throughout the pertinent 4 work week duration.

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

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 ranges from Thursday to Wednesday. In this case, the four work weeks used to compute public vacation pay are those four weeks counting backwards from the very first Wednesday (the last day of the 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 employee and the holiday pay payable to the worker with respect to the four work weeks from November 22 to December 19 are utilized in the estimation 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 public vacation and her first frequently scheduled day after the vacation. She receives her getaway pay when her vacation is taken. She was not on holiday during the 4 work weeks leading up to the public vacation.

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

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

3. Total her overall incomes earned and holiday pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When holiday time is included

Brock works 5 days a week and earns $160 a day. He was on vacation for two of the 4 weeks before the public vacation. He gets vacation pay before he takes his getaway. He is paid $1,600 getaway spend for his two weeks of getaway. Brock worked his last routinely scheduled work day before the public holiday and his first routinely arranged work day after the holiday.

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

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

3. Combine his total salaries 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 holiday pay.

Example: When a staff member works part-time and each pay cheque includes vacation pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely arranged work day before the public vacation and her first regularly scheduled day after the vacation. She and her employer have concurred in writing that she will receive 4 percent holiday pay on each paycheque.

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

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

3. Total her routine salaries made and holiday 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 trip pay

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

1. Bertie’s routine salaries earned throughout the four work weeks before the holiday are $1,500.

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

3. Combine her regular wages made and vacation pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public holiday pay.

Example: When a worker is on a leave

Zoe generally works 5 days a week, earning $120 a day. She receives getaway pay before she goes on getaway. 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 holiday pay. She received maternity and parental take advantage of the federal Employment Insurance program, however these advantages are not thought about “incomes.”

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

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

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

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

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

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

Example: When a worker is on a layoff

Eugene typically works five days a week, making $100 a day. He was placed on momentary layoff on November 15. During his layoff, Eugene was not paid wages or trip pay. He got work insurance advantages during this time, but these advantages are not considered “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 routinely set up day before the layoff and his first frequently arranged day after the layoff, or has affordable cause for failing to do so.

However, due to the fact that Eugene did not earn any salaries or getaway 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 worker’s routine rate of pay. If a staff member is entitled to get superior pay for deal with a public vacation, they should be paid 1 1/2 times their routine rate of pay for each hour worked.

For instance, Nathan’s routine 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

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

An alternative holiday need to be arranged for a day that is no later on than three months after the general public vacation for which it was earned, or, if the worker has agreed digitally or in writing, the substitute day off can be arranged up to 12 months after the general public holiday.

If a staff member gets an alternative holiday, the employer should supply the employee with a written statement that sets out the general public holiday that is being substituted, the date of the substitute vacation, and the date that the declaration was offered to the staff member. This declaration must be supplied to the worker before the general public holiday.

Entitlements for public holidays

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 worker works on the vacation. The different privileges are set out below.

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

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

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

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

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

– public vacation pay for the general public vacation, if the worker accepts this electronically or in writing (in this case, the worker will not be given an alternative day of rest).

When a staff member who qualifies for the day off has actually agreed electronically or in writing to deal with a public holiday

Most employees can get the general public vacation off and earn money public vacation pay. However, if an employee agrees digitally or in composing to deal with the public vacation, there are two choices:

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

– if the staff member concurs digitally or in writing, they are entitled to public holiday pay for the public vacation plus premium pay for all hours worked on the general public holiday. In this case, the worker will not be provided a substitute day of rest.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan regularly works eight hours a day, five days a week. His routine per hour pay rate is $20. He has dealt with all his scheduled work days in the four work weeks before the general public vacation. He works eight hours on the public holiday. He gets his getaway pay when his holiday 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 regular wages earned in the four work weeks before the public vacation:
8 hours per day X $20 per hour = $160 daily
$ 160 daily X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the 4 work weeks before the general public holiday.

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

3. Combine his overall earnings made and vacation pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: compute superior pay

Finally, the premium pay owing to John-Duncan for job his deal with the public vacation is computed:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay privilege is $240.

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

When a worker consents to deal with a public holiday but fails to do so

If a worker has concurred electronically or in writing to deal with the public holiday but does refrain from doing so – and does not have sensible cause for not having done so – the staff member has no right to public holiday pay or to a substitute day of rest with pay.

However, if the employee has reasonable cause for not working the general public holiday, then privileges will depend upon which of the two options listed below the employee picked in exchange for consenting to deal with the public vacation:

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

– if the worker had agreed digitally 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 employee is not entitled to receive any exceptional pay due to the fact that they did not carry out any work on the holiday.

When an employee works only some of the hours they accepted deal with a public vacation

If an employee has agreed electronically or in writing to deal with the general public vacation but works just a few of the hours they concurred to work, and does not have affordable cause for failing to work all of the hours, the employee is only entitled to get superior 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 common case

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

However, if the staff member has sensible cause for working only some of the hours they consented to deal with the public holiday, then:

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

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

Special guidelines for particular markets

Special guidelines use to workers who operate in the following kinds of services:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– health centers and assisted living home;.

– 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 video games part of a casino 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 holiday without their agreement, but just if the vacation falls on a day that the worker would usually work and the staff member is not on getaway.

If a staff member 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 holiday pay;.
or.

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

The employer picks which of these alternatives will apply.

Note that the employer’s ability to require employees to work on a public vacation goes through the worker’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 employment agreement. Note likewise that specific retail employees who operate in continuous operations (for instance, a 24-hour convenience shop) have the right to refuse to work on a public holiday since of the unique guidelines that use to some retail employees. See the “Retail employees” chapter of this guide to find out more.

An employee in the formerly noted businesses who is needed to work on a public vacation that falls on their ordinary working day but stops working to do so, with reasonable cause, is entitled to:

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

– public holiday spend for the vacation.

The company picks which choice will apply.

An employee in any of these companies who is required to deal with a public holiday that falls on their regular working day but who fails, with reasonable cause, to work some of the hours they were required to work on the vacation is entitled to either:

– their routine rate for each hour dealt with 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 selects which alternative will use.

A worker in any of these organizations who is needed to work on a public vacation that falls on their regular working day but who fails, without affordable cause, to work part or all of the public holiday is just entitled to get exceptional pay for each hour dealt with the holiday (if any). The worker has no right to public holiday pay or an alternative day of rest work.

Overtime calculations when a worker receives premium pay

Any hours dealt with a public holiday that are compensated with exceptional pay are not consisted of when determining whether an employee has worked any overtime hours.

If employment ends

Sometimes a staff member’s job pertains to an end before the worker can take a replacement holiday with public holiday pay that they have made. In this case, the company needs to pay the worker’s public vacation pay at the same time it pays the employee’s final incomes. This is so no matter the factor the job pertained to an end, whether it is due to the fact that the employee gave up, was fired for great reason, or for some other reason.