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Company Description

Qualified Employees can Be Full Time

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

Alternatively, the staff member can concur electronically or in writing to work on the vacation and be paid:

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

– be paid their regular incomes for all hours worked on the general public vacation and receive another alternative holiday for which they need to be paid public holiday pay.

Some workers may be needed to work on a public holiday. (See “Special guidelines for specific markets” later in this Chapter.) While many staff members are qualified for the general public vacation entitlement, some workers operate in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To figure out whether a job is covered, or if unique guidelines use, please describe the Guide to employment standards special rules and exemptions.

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

See “Public vacation pay” later in this chapter.

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

While some companies provide their workers 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 staff members carry out more than one kind of work for a company. A few of this work might be covered by the public holiday part of the ESA, while another type of work might be exempt from public vacation protection.

If a worker performs both kinds of work, exempt and covered, they are qualified for the public holiday privilege with regard to a specific public holiday if at least half of the work carried out in the work week of the public vacation is work that is covered.

Rupert works for a taxi company as both a taxi cab chauffeur (work that is exempt from public vacation coverage) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, at least 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 privilege for Canada Day.

Receiving public vacation entitlements

Generally, employees certify for the general public vacation entitlement unless they:

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

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

Note: Most workers who fail to certify for the general public holiday privilege are still entitled to be paid exceptional pay for every hour they deal with the vacation.

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

The “last and very first guideline”

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

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

Reasonable cause

A staff member is typically thought about to have “sensible cause” for missing work when something beyond their control avoids the worker from working. Employees are responsible for revealing that they had affordable cause for remaining away from work. If they can do so, they still get approved for public vacation privileges.

How the last and first rule works

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

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for authorization to remove the Thursday before the general public holiday since he has an individual appointment. His employer agrees. Lev’s last regularly set up work day before the vacation 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 holiday, or has affordable cause for not working either of those days, he gets approved for the paid public holiday.

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris’s workplace is closed for the vacation. Doris usually 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 general public holiday. The company agrees. Doris’s frequently 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 sensible cause for failing to do so, employment she is entitled to the paid public vacation.

Example: When a staff member is on vacation

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

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 frequently scheduled day of work before her leave, and her very first regularly scheduled day of work after her leave, or has reasonable cause for failing to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

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

Public holiday pay

The amount of public vacation pay to which an employee is entitled is all of the routine wages earned by the staff member in the four work weeks before the work week with the public holiday plus all of the trip pay payable to the employee with respect to the 4 work weeks before the work week with the public holiday, divided by 20.

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

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

Vacation pay payable

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

If the staff member is to be paid holiday pay with every pay cheque the amount of getaway pay to consist of in the computation of public vacation pay will be at least 4 per cent of all of the employee’s salaries earned during the four work week period. (Note that if an employee earns a higher percentage of holiday pay, such as 6 per cent of wages, then the “vacation pay payable” will be based upon that higher percentage.)

If an employee is to receive their vacation pay in a lump amount on a certain date or dates, getaway pay will be included in the estimation of public vacation pay only if that date or dates falls throughout the pertinent four work week period.

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

The four weeks before the general public vacation is based on the employer’s work week and is not always 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 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 incomes made by the employee and the trip pay payable to the employee 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 employment makes $120 a day. She worked her last routinely scheduled work day before the public holiday and her first routinely set up day after the holiday. She gets her getaway pay when her trip is taken. She was not on getaway throughout the 4 work weeks leading up to the public holiday.

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

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

3. Add together her total incomes earned and trip 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 getaway time is included

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

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

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

3. Combine his total earnings earned and vacation payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public vacation pay.

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

Tegan works three days a week and earns $120 a day. She worked her last routinely scheduled work day before the public vacation and her first frequently scheduled day after the holiday. She and her employer have actually concurred in writing that she will receive four percent trip pay on each paycheque.

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

2. Calculate her vacation 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 regular salaries earned and getaway 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 includes trip 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 company have agreed in composing that she will receive 4 per cent trip pay on each pay cheque.

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

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

3. Add together her regular wages earned and holiday 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 usually works 5 days a week, earning $120 a day. She gets trip 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 vacation pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these advantages are ruled out “salaries.”

Zoe is entitled to get public holiday pay for the public vacations that fall throughout her leave as long as she works her last regularly arranged day before her leave and her first routinely scheduled day after her leave, or has reasonable cause for stopping working to do so.

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

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

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

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

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

Example: When a worker is on a layoff

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

Eugene was recalled 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 frequently arranged day before the layoff and his very first frequently scheduled day after the layoff, or has affordable cause for working to do so.

However, because Eugene did not make any earnings or vacation pay in the four work weeks before those two public holidays, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker’s regular rate of pay. If a worker is entitled to get exceptional spend for deal with a public vacation, they should be paid 1 1/2 times their regular rate of pay for each hour worked.

For instance, 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 substitute holiday 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 replacement vacation.

A replacement vacation need to be scheduled for a day that is no behind 3 months after the public vacation for which it was made, or, if the employee has agreed digitally or in writing, the substitute day of rest can be arranged up to 12 months after the general public holiday.

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

Entitlements for public holidays

Entitlements for public holidays differ depending upon such things as whether the holiday falls on a working day or a non-working day and whether the staff member works on the holiday. The various privileges are set out listed below.

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

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

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

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

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

– public vacation spend for the general public holiday, if the staff member agrees to this digitally or in composing (in this case, the staff member will not be given an alternative day off).

When an employee who certifies for the day of rest has agreed digitally or in writing to deal with a public vacation

Most employees deserve to get the public vacation off and make money public holiday pay. However, if a worker concurs electronically or in writing to work on the public vacation, there are two options:

– the staff member is entitled to receive routine salaries for all hours worked on the public holiday, plus an alternative day off work with public vacation pay;.
or.

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

Example: Calculating public holiday pay plus premium pay

A public vacation falls on one of John-Duncan’s typical working days. He and his employer have concurred electronically or in composing that he will work on the 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 deals with the holiday.

John-Duncan frequently works 8 hours a day, five days a week. His regular hourly pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public vacation. He works eight hours on the public holiday. He receives his holiday pay when his trip is taken. He was not on vacation throughout the four work weeks leading up to the public holiday

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s overall routine salaries earned in the four work weeks before the general public vacation:
8 hours per day X $20 per hour = $160 per day
$ 160 daily X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the four work weeks before the general public vacation.

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

3. Total his overall salaries made and getaway 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 exceptional pay

Finally, the premium pay owing to John-Duncan for his work on the general public holiday is determined:.
$ 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 vacation pay of $160 and exceptional pay of $240, for a total of $400.

When a worker accepts deal with a public vacation but fails to do so

If a worker has actually concurred electronically or in writing to work on the general public vacation but does not do so – and does not have affordable cause for not having actually done so – the employee has no right to public vacation pay or to a substitute day of rest with pay.

However, if the employee has affordable cause for not working the general public vacation, then entitlements will depend upon which of the two options below the staff member chose in exchange for agreeing to work on the general public vacation:

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

– if the employee had actually agreed digitally or in composing to work on the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the holiday. The staff member is not entitled to receive any premium pay due to the fact that they did not carry out any deal with the holiday.

When a staff member works only some of the hours they consented to deal with a public holiday

If a worker has agreed digitally or in writing to work on the public holiday but works just a few of the hours they consented to work, and does not have sensible cause for failing to work all of the hours, the staff member is only entitled to get exceptional spend for each hour worked on the holiday. The employee has no right to public vacation pay or a substitute day off work.

Example: A typical case

Trudi had actually concurred in composing that she would work 8 hours on Canada Day however she just worked 4 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 four 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 worker has reasonable cause for working just a few of the hours they concurred to deal with the general public vacation, then:

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

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

Special rules for particular markets

Special rules apply to employees who work in the list below kinds of businesses:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– medical facilities and nursing homes;.

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

A staff member who works in any of these businesses can be needed to deal with a public holiday without their agreement, but just if the holiday falls on a day that the worker would usually work and the staff member is not on getaway.

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

– their regular rate for the hours dealt with the general public vacation, plus a substitute day off deal with public vacation pay;.
or.

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

The employer selects which of these choices will apply.

Note that the company’s capability to require employees to deal with a public holiday is subject to the worker’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the terms of the employee’s employment agreement. Note also that certain retail workers who work in continuous operations (for instance, a 24-hour corner store) can refuse to work on a public vacation because of the special guidelines that apply to some retail workers. See the “Retail employees” chapter of this guide for more details.

An employee in the previously noted organizations who is needed to work on a public vacation that falls on their regular working day but stops working to do so, with affordable cause, is entitled to:

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

– public vacation spend for the holiday.

The company chooses which alternative will apply.

A worker in any of these organizations who is needed to work on a public vacation that falls on their regular working day however who fails, with affordable cause, to work some of the hours they were required to work on the vacation is entitled to either:

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

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

The company picks which choice will apply.

An employee in any of these services who is required to work on a public holiday that falls on their normal working day but who stops working, without affordable cause, to work part or all of the general public holiday is only entitled to get exceptional spend for each hour dealt with the vacation (if any). The employee has no right to public holiday pay or an alternative day of rest work.

Overtime estimations when an employee receives premium pay

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

If employment ends

Sometimes a worker’s task comes to an end before the staff member can take an alternative holiday with public vacation pay that they have actually made. In this case, the company must pay the employee’s public vacation pay at the same time it pays the staff member’s final salaries. This is so despite the factor the task came to an end, whether it is because the worker stopped, was fired for excellent factor, or for employment some other reason.