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 agree digitally or in writing to work on the holiday and be paid:

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

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

Some workers might be required to work on a public holiday. (See “Special rules for particular industries” later on in this Chapter.) While many workers are eligible for the general public vacation entitlement, some employees work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To figure out whether a job is covered, or if special rules apply, please describe the Guide to employment requirements unique guidelines and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular wages does not include any overtime pay, trip pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to a worker.

While some companies offer their employees a vacation on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not required to do so under the ESA.

Performing both covered and exempt work

Some employees perform more than one type of work for an employer. A few of this work might be covered by the public vacation part of the ESA, while another type of work might be exempt from public holiday protection.

If a staff member carries out both kinds of work, exempt and covered, they are eligible for the public holiday entitlement with regard to a particular public holiday if a minimum of half of the work performed in the work week of the general public holiday is work that is covered.

Rupert works for a taxi company as both a taxi cab driver (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 qualified for the general public holiday entitlement for Canada Day.

Receiving public vacation entitlements

Generally, workers get approved for the general public holiday entitlement unless they:

– fail without affordable cause to work all of their last frequently scheduled day of work before the public holiday or referall.us all of their first routinely scheduled day of work after the public holiday (this is called the “Last and First Rule”);.
or.

– stop working without affordable cause to work their entire shift on the public holiday if they accepted or were required to work that day.

Note: Most workers who stop working to certify for the public vacation entitlement are still entitled to be paid superior spend for every hour they deal with the vacation.

Qualified employees can be full time, part time, irreversible or on term agreement. It does not matter how just recently they were worked with, or the number of days they worked before the public holiday.

The “last and very first rule”

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

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

Reasonable cause

A worker is generally thought about to have “sensible cause” for missing work when something beyond their control prevents the staff member from working. Employees are responsible for revealing that they had sensible cause for keeping away from work. If they can do so, they still qualify for public holiday privileges.

How the last and very first guideline works

Rosie’s routine work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace 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 sensible cause for failing to work either of those days, she qualifies to be paid for the holiday.

Example: When a staff member takes a day of rest

A public holiday falls on a Monday, and Lev’s work environment shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his company for consent to remove the Thursday before the public vacation since he has a personal appointment. His employer concurs. Lev’s last regularly set up work day before the holiday is now thought about to be on the Wednesday.

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

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris’s office is closed for the holiday. Doris typically 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 employer concurs. Doris’s regularly set up shift on the Thursday before the general 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 affordable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a worker is on getaway

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently set up shift before his vacation and very first frequently set up shift after his trip – 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 vacation happens. If Lydia works her last routinely arranged day of work before her leave, and her very first regularly set up day of work after her leave, or has reasonable cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

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

Public vacation pay

The quantity of public holiday pay to which a staff member is entitled is all of the regular earnings earned by the staff member in the 4 work weeks before the work week with the general public holiday plus all of the getaway pay payable to the employee with respect to the 4 work weeks before the work week with the general public holiday, divided by 20.

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

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

Vacation pay payable

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

If the staff member is to be paid vacation pay with every pay cheque the quantity of getaway pay to consist of in the estimation of public holiday pay will be at least four percent of all of the staff member’s salaries earned throughout the 4 work week period. (Note that if a staff member makes a higher portion of getaway pay, such as 6 percent of salaries, then the “holiday pay payable” will be based on that greater portion.)

If an employee is to get their holiday pay in a swelling sum on a specific date or dates, getaway pay will be consisted of in the computation of public vacation pay just if that date or dates falls throughout the relevant 4 work week duration.

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

The 4 weeks before the general public vacation is based upon the employer’s work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the four work weeks utilized to compute public holiday pay are those 4 weeks counting backwards from the first Wednesday (the last day of the 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 regular earnings earned by the employee and the holiday pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are used in the computation of public holiday pay.

Calculating public holiday pay

Iryna works 5 days a week and earns $120 a day. She worked her last routinely set up work day before the general public vacation and her very first frequently set up day after the holiday. She gets her holiday pay when her trip is taken. She was not on holiday throughout the four work weeks leading up to the general public vacation.

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

3. Combine her overall salaries earned and vacation 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 5 days a week and earns $160 a day. He was on getaway for 2 of the four weeks before the public holiday. He gets getaway pay before he takes his vacation. He is paid $1,600 trip pay for his 2 weeks of holiday. Brock worked his last regularly arranged work day before the public holiday and his first routinely arranged work day after the holiday.

1. Calculate Brock’s overall routine wages earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

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

3. Total his overall incomes earned 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 holiday pay.

Example: When a worker works part-time and each pay cheque consists of vacation pay

Tegan works 3 days a week and earns $120 a day. She worked her last regularly set up work day before the general public holiday and her very first regularly scheduled day after the holiday. She and her company have actually concurred in composing that she will get 4 percent holiday pay on each paycheque.

1. Calculate Tegan’s routine wages made:.
$ 120 each day X 3 days = $360 weekly.
$ 360 weekly X 4 weeks = $1,440.

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

3. Combine her routine salaries 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 consists of getaway pay

Bertie does not work a set number of hours each day or days weekly. Her pay varies from week to week, according to the time she has worked. She and her employer have concurred in composing that she will get four per cent holiday pay on each pay cheque.

1. Bertie’s regular salaries made 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 incomes earned 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 staff member is on a leave

Zoe typically works five days a week, earning $120 a day. She gets vacation 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 incomes or getaway pay. She got maternity and parental take advantage of the federal Employment Insurance program, but these advantages are ruled out “earnings.”

Zoe is entitled to get public holiday pay for the general public holidays that fall during her leave as long as she works her last frequently scheduled 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 throughout the 4 work weeks before the Canada Day public vacation. Her public vacation spend for Canada Day is:

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

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

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

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

Example: When an employee is on a layoff

Eugene usually works five days a week, earning $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He received work insurance advantages throughout this time, however these benefits are not considered “incomes.”

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

However, due to the fact that Eugene did not earn any earnings or vacation pay in the 4 work weeks before those 2 public holidays, the quantity of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times an employee’s regular rate of pay. If a worker is entitled to receive exceptional spend for work on a public vacation, they need to be paid 1 1/2 times their routine rate of spend for each hour worked.

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

Substitute holiday

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

An alternative vacation need to be arranged for a day that is no later than 3 months after the public vacation for which it was made, or, if the employee has agreed digitally or in composing, the alternative day off can be arranged up to 12 months after the general public vacation.

If a staff member gets a replacement holiday, the company needs to provide the staff member with a written statement that sets out the public vacation that is being replaced, the date of the substitute holiday, and the date that the declaration was provided to the employee. This statement should be supplied to the worker 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 worker deals with the holiday. The different entitlements are set out below.

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

Most staff members deserve to get the general public holiday off and earn money public holiday pay. (Some employees might be required to work on a public holiday. See “Special rules for specific industries” later on in this chapter.)

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

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

– an alternative holiday off with public holiday pay;.
or.

– public holiday pay for the public vacation, if the worker consents to this digitally or in composing (in this case, the worker will not be offered a substitute day off).

When a worker who gets approved for the day of rest has concurred digitally or in composing to deal with a public holiday

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

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

– if the worker concurs digitally or in composing, they are entitled to public vacation spend for the public holiday plus premium spend for all hours worked on the public holiday. In this case, the staff member will not be given an alternative day off.

Example: Calculating public vacation pay plus premium pay

A public holiday falls on one of John-Duncan’s typical working days. He and his employer have agreed electronically or in composing that he will deal with the general public holiday and that, rather of getting a replacement holiday, he will be paid public vacation pay plus premium spend for all the hours he works on the vacation.

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

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s overall regular wages made in the four work weeks before the public holiday:
8 hours each day X $20 per hour = $160 per day
$ 160 daily X 5 days = $800 weekly
$ 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 quantity of getaway pay payable with respect to the 4 work week period:.
John-Duncan gets his getaway pay when he takes his trip. Because he was not on getaway during the 4 work week duration, the quantity of trip pay payable with respect to the four work weeks before the general public holiday = $0.

3. Total his total salaries earned and trip pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: compute superior pay

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

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

When a staff member agrees to deal with a public vacation but fails to do so

If a worker has actually agreed electronically or in writing to deal with the general public holiday however does not do so – and does not have reasonable cause for not having done so – the employee has no right to public vacation pay or to an alternative day off with pay.

However, if the staff member has reasonable cause for not working the public vacation, then entitlements will depend upon which of the 2 options listed below the employee selected in exchange for agreeing to deal with the public vacation:

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

– if the employee had agreed electronically or in writing to deal with the public vacation for public holiday 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 get any premium pay because they did not carry out any work on the vacation.

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

If an employee has agreed electronically or in writing to work on 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 employee is just entitled to get premium spend for each hour worked on the holiday. The employee has no right to public holiday pay or an alternative day off work.

Example: A typical case

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

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

– the staff member is entitled to their regular 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 general public holiday for public holiday pay plus premium spend 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 specific industries

Special rules apply to employees who work in the following types of organizations:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– health centers 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 business or the video games part of a casino if the games tables are open around the clock).

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

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

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

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

The company picks which of these alternatives will use.

Note that the company’s ability to need employees to work on a public holiday undergoes the worker’s right to take a day of rest for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee’s employment agreement. Note also that certain retail employees who work in continuous operations (for example, a 24-hour corner store) have the right to decline to work on a public holiday because of the special rules that use to some retail workers. See the “Retail workers” chapter of this guide to learn more.

A staff member in the previously listed businesses who is needed to deal with a public holiday that falls on their common working day however fails to do so, with sensible cause, is entitled to:

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

– public holiday pay for the vacation.

The employer picks which choice will apply.

An employee in any of these organizations who is required to deal with a public vacation that falls on their normal working day however who fails, with affordable cause, to work a few of the hours they were required to deal with the holiday is entitled to either:

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

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

The employer picks which choice will apply.

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

Overtime estimations when a worker receives exceptional pay

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

If employment ends

Sometimes an employee’s job concerns an end before the employee can take a replacement vacation with public vacation pay that they have actually made. In this case, the company must pay the staff member’s public vacation pay at the exact same time it pays the staff member’s last salaries. This is so despite the factor the task concerned an end, whether it is since the worker gave up, was fired for excellent factor, or for some other factor.