Qualified Employees can Be Full Time

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

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

– public vacation pay plus premium spend 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 incomes for all hours dealt with the public vacation and get another alternative vacation for which they need to be paid public holiday pay.

Some workers may be required to deal with a public vacation. (See “Special guidelines for particular industries” later in this Chapter.) While a lot of workers are qualified for the public holiday privilege, some workers work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To determine whether a job is covered, or if special rules apply, please refer to the Guide to employment standards unique rules and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular salaries does not include any overtime pay, holiday pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of task pay payable to a staff member.

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

Performing both covered and exempt work

Some workers carry out more than one type of work for an employer. Some of this work might be covered by the public vacation part of the ESA, while another type of work may be exempt from public vacation coverage.

If a worker performs both type of work, exempt and covered, they are qualified for the public vacation entitlement with respect to a particular public holiday if a minimum of half of the work carried out in the work week of the public 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 coverage) 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 eligible for the general public vacation privilege for Canada Day.

Receiving public holiday entitlements

Generally, staff members qualify for the public holiday privilege unless they:

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

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

Note: Most employees who fail to qualify for 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, irreversible or on term agreement. It does not matter how recently they were employed, or the number of days they worked before the public vacation.

The “last and first guideline”

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

For example, a worker might not be arranged to work the day right before or after the vacation. As long as the employee works all of their last routinely arranged shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, employment they meet this qualifying requirement.

Reasonable cause

An employee 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 revealing that they had affordable cause for keeping away from work. If they can do so, they still certify for public vacation privileges.

How the last and very first guideline works

Rosie’s regular work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace shuts down for that day. If Rosie works the whole shift on the Thursday before the holiday and the Tuesday after the holiday, or has affordable cause for failing to work either of those days, she certifies to be spent for the holiday.

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for authorization to remove the Thursday before the public vacation since he has an individual visit. His company concurs. Lev’s last frequently set up work day before the vacation is now thought about to be on the Wednesday.

If Lev works his entire Wednesday shift before the vacation and his whole Tuesday shift after the holiday, or has sensible cause for not working either of those days, he gets approved for the paid public holiday.

Example: When a staff member leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the vacation. Doris normally 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 public holiday. The employer agrees. Doris’s regularly set up shift on the Thursday before the general 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 reasonable cause for failing to do so, she is entitled to the paid public vacation.

Example: When a worker 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 arranged shift before his holiday and first routinely set up shift after his getaway – on June 24 and July 10 – or has sensible cause for stopping working 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 holiday happens. If Lydia works her last frequently set up day of work before her leave, and her first routinely arranged day of work after her leave, or has reasonable cause for stopping working to do so, she will be entitled to the paid public vacation.

Example: When there is no reasonable cause

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

Public vacation pay

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

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

The quantity of vacation pay payable to consist of in the computation of public vacation pay depends upon whether the staff member is on trip at any time throughout the 4 work weeks prior to the general public holiday, and the way in which the worker is to be paid holiday pay. Please refer to the Vacation chapter for information on the different ways trip pay can be paid.

Vacation pay payable

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

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

If an employee is to receive their holiday pay in a swelling amount on a specific date or dates, holiday pay will be included in the computation of public vacation pay just if that date or dates falls during the relevant four work week period.

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

The 4 weeks before the general 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 a company’s work week ranges from Thursday to Wednesday. In this case, the 4 work weeks utilized to determine public holiday pay are those four weeks counting backwards 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, employment 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 made by the worker and the getaway pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are utilized in the computation of public vacation pay.

Calculating public holiday pay

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

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

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

3. Total her overall salaries made 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 holiday pay.

Example: When vacation time is included

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

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

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

3. Add together his total salaries made and holiday 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 staff member works part-time and each pay cheque consists of trip pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely arranged work day before the public holiday and her first frequently scheduled day after the holiday. She and her employer have concurred in composing that she will get four percent getaway pay on each paycheque.

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

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

3. Combine her regular earnings earned and vacation 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 includes trip pay

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

1. Bertie’s routine salaries earned during the 4 work weeks before the holiday are $1,500.

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

3. Combine her routine salaries made 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 holiday pay.

Example: When a worker is on a leave

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

Zoe is entitled to receive public vacation pay for the public vacations that fall throughout her leave as long as she works her last regularly scheduled day before her leave and her very first routinely scheduled day after her leave, or has reasonable cause for failing to do so.

Zoe went on leave on June 10 and only worked seven days during the 4 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 holiday throughout the 4 work week period).

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

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

Example: When a staff member is on a layoff

Eugene typically works 5 days a week, earning $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid wages or getaway pay. He received work insurance coverage benefits throughout this time, however these advantages are not thought about “earnings.”

Eugene was recalled to deal with December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last routinely set up day before the layoff and his very first regularly arranged day after the layoff, or has sensible cause for stopping working to do so.

However, due to the fact that Eugene did not earn any salaries or holiday pay in the four work weeks before those two public vacations, the quantity of public vacation pay he is entitled to will be $0.

Premium pay

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

For instance, Nathan’s routine 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

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

A substitute vacation need to be scheduled for a day that is no later on than 3 months after the general public vacation for which it was made, or, if the staff member has actually concurred digitally or in composing, the alternative day off can be scheduled as much as 12 months after the general public holiday.

If a worker gets a replacement holiday, the company must offer the worker with a written declaration that sets out the public vacation that is being replaced, the date of the alternative vacation, and the date that the declaration was given to the worker. This declaration needs to be supplied to the employee before the general public holiday.

Entitlements for public vacations

Entitlements for public holidays vary depending upon such things as whether the holiday 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 however the employee does not work

Most employees can get the general public vacation off and earn money public holiday pay. (Some staff members might be needed to deal with a public holiday. See “Special guidelines for certain markets” later in this chapter.)

When a public vacation falls on an employee’s non-working day or throughout a worker’s getaway

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

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

– public vacation spend for the public vacation, employment if the worker consents to this digitally or in writing (in this case, the worker will not be given a substitute day off).

When a staff member who receives the day off has concurred electronically or in writing to deal with a public vacation

Most staff members can get the general public vacation off and earn money public holiday pay. However, if a staff member agrees digitally or in writing to work on the public holiday, there are 2 options:

– the employee is entitled to get regular earnings for employment all hours worked on the general public holiday, plus a substitute day of rest deal with public vacation pay;.
or.

– if the worker concurs electronically or in writing, they are entitled to public holiday pay for the general public holiday plus premium pay for all hours dealt with the public holiday. In this case, the worker will not be given a substitute day of rest.

Example: Calculating public holiday pay plus premium pay

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

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

Step 1: determine public vacation pay:

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

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

3. Add together his overall salaries made and getaway 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 premium pay

Finally, the premium pay owing to John-Duncan for his work on the public holiday 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 premium pay of $240, for an overall of $400.

When a worker agrees to deal with a public vacation however stops working to do so

If an employee has concurred electronically or in composing to deal with the general public holiday but does refrain from doing so – and does not have reasonable cause for not having actually done so – the employee has no right to public vacation pay or to an alternative day of rest with pay.

However, if the worker has affordable cause for not working the public vacation, then privileges will depend upon which of the 2 choices listed below the staff member chose in exchange for accepting deal with the public holiday:

– if the employee had agreed digitally or in writing to work on the public holiday for routine salaries plus a substitute day of rest with public holiday pay, the worker is entitled to an alternative day off work with public holiday pay;.
or.

– if the worker had actually concurred digitally or in composing to work on the general public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the vacation. The employee is not entitled to receive any superior pay because they did not perform any work on the vacation.

When an employee works only some of the hours they consented to deal with a public holiday

If a staff member has actually concurred digitally or in composing to deal with the general public vacation however works only some of the hours they agreed to work, and does not have sensible cause for failing to work all of the hours, the worker is only entitled to receive premium spend for each hour worked on the holiday. The staff member has no right to public holiday pay or a substitute day of rest work.

Example: A typical case

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

However, if the worker has affordable cause for working just a few of the hours they agreed to deal with the public holiday, then:

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

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

Special guidelines for particular industries

Special guidelines apply to staff members who operate in the list below types of organizations:

– hotels, motels and traveler resorts;.

– dining establishments and taverns;.

– health centers and retirement home;.

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

A staff member who operates in any of these companies can be needed to deal with a public vacation without their arrangement, however just if the holiday falls on a day that the employee would normally work and the staff member is not on vacation.

If an employee is required to work, they are entitled to either:

– their regular rate for the hours worked on the general public holiday, plus a substitute day off work with public holiday pay;.
or.

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

The company picks which of these choices will use.

Note that the company’s capability to need employees to deal with a public holiday goes through the employee’s right to take a day of rest 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 employees who work in continuous operations (for example, a 24-hour benefit store) can refuse to work on a public vacation due to the fact that of the unique rules that apply to some retail workers. See the “Retail employees” chapter of this guide for more details.

An employee in the previously noted services who is needed to deal with a public vacation that falls on their regular working day however stops working to do so, with reasonable cause, is entitled to:

– an alternative vacation with public vacation pay;.
or.

– public vacation pay for the vacation.

The employer picks which choice will use.

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

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

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

The employer chooses which option will apply.

A staff member in any of these services who is required to deal with a public holiday that falls on their common working day however who stops working, without reasonable cause, to work part or all of the general public vacation is only entitled to get premium spend for each hour worked on the holiday (if any). The worker has no right to public holiday pay or a substitute day off work.

Overtime calculations when an employee receives premium pay

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

If employment ends

Sometimes an employee’s task comes to an end before the employee can take an alternative vacation with public vacation pay that they have actually earned. In this case, the employer needs to pay the worker’s public holiday pay at the exact same time it pays the staff member’s final wages. This is so no matter the reason the job came to an end, whether it is due to the fact that the worker stopped, was fired for excellent reason, or for some other reason.