Qualified Employees can Be Full-time

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

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

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

– be paid their routine incomes for all hours worked on the general public vacation and receive another substitute vacation for which they should be paid public holiday pay.

Some workers may be needed to deal with a public vacation. (See “Special rules for certain markets” later in this Chapter.) While a lot of staff members are qualified for the public holiday entitlement, some staff members work in tasks that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if special guidelines use, please refer to the Guide to work standards special rules and exemptions.

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

See “Public holiday pay” later in this chapter.

Regular earnings does not consist of 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 employers give their employees a holiday 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 carry out more than one type of work for a company. Some of this work might be covered by the public holiday part of the ESA, while another sort of work might be exempt from public holiday coverage.

If an employee performs both type 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 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 vacation protection) 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 holiday privilege for Canada Day.

Qualifying for public holiday privileges

Generally, employees certify for the public holiday entitlement unless they:

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

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

Note: Most workers who stop working to receive the general public holiday entitlement are still entitled to be paid premium 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 hired, or the number of days they worked before the general public holiday.

The “last and first guideline”

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

For instance, an employee might not be arranged to work the day right before or after the vacation. As long as the employee works all of their last regularly set up 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 certifying criterion.

Reasonable cause

A staff member is generally considered to have “sensible cause” for missing work when something beyond their control avoids the staff member from working. Employees are responsible for showing that they had sensible cause for keeping away from work. If they can do so, they still receive public holiday entitlements.

How the last and very first rule works

Rosie’s regular work week ranges from Monday to Thursday. A public vacation 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 holiday, or has reasonable cause for stopping working to work either of those days, she certifies to be paid for the holiday.

Example: When a worker 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 employer for authorization to remove the Thursday before the public holiday due to the fact that he has a personal visit. His company agrees. Lev’s last frequently 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 entire Tuesday shift after the holiday, or has reasonable cause for not working either of those days, he certifies for the paid public holiday.

Example: When a staff member leaves early

A public holiday falls on a Friday, and employment Doris’s office is closed for the holiday. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the general public holiday. The company agrees. Doris’s routinely scheduled 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, or has reasonable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When an employee 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 frequently arranged shift before his holiday and first regularly scheduled shift after his getaway – on June 24 and July 10 – or has affordable cause for failing to do so, he will get approved for the paid public vacation.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last frequently arranged day of work before her leave, and her first frequently scheduled day of work after her leave, or has sensible cause for failing 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 vacation. Ellen does not work on her last scheduled day before the holiday, and she does not have affordable cause for missing out on that day. She gets no spend for the vacation.

Public holiday pay

The quantity of public holiday pay to which an employee is entitled is all of the routine salaries 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 worker with regard to the 4 work weeks before the work week with the general public vacation, divided by 20.

When to include holiday pay in the calculation of public holiday pay

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

Vacation pay payable

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

If the employee is to be paid trip pay with every pay cheque the quantity of holiday pay to include in the estimation of public holiday pay will be at least 4 percent of all of the employee’s incomes earned throughout the 4 work week period. (Note that if a worker makes a higher percentage of holiday pay, such as six percent of incomes, then the “trip pay payable” will be based upon that higher percentage.)

If a staff member is to receive their holiday pay in a lump sum on a specific date or dates, trip pay will be included in the computation of public holiday pay only if that date or dates falls during the pertinent 4 work week duration.

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

The 4 weeks before the public holiday 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 ranges from Thursday to Wednesday. In this case, the 4 work weeks used to determine public vacation pay are those 4 weeks counting in reverse from the very first Wednesday (the last day of the company’s work week) before the work week in which the 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 salaries earned by the staff member and the trip pay payable to the worker with regard to the 4 work weeks from November 22 to December 19 are utilized in the computation of public holiday 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 general public holiday and her first regularly arranged day after the holiday. She gets her holiday pay when her vacation is taken. She was not on getaway during the 4 work weeks leading up to the public vacation.

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

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

3. Add together 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 vacation pay.

Example: When vacation time is involved

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

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

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

3. Total his total salaries made and holiday payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Example: When an employee works part-time and each pay cheque includes getaway pay

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

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

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

3. Total her regular earnings earned and vacation pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque includes getaway pay

Bertie does not work a set variety 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 writing that she will get four per cent holiday pay on each pay cheque.

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

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

3. Combine her regular incomes earned and vacation 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 staff member is on a leave

Zoe usually works five days a week, making $120 a day. She receives holiday pay before she goes on trip. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid earnings or holiday pay. She received maternity and parental take advantage of the federal Employment Insurance program, but these advantages are not thought about “wages.”

Zoe is entitled to receive 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 very first routinely arranged day after her leave, or has affordable cause for stopping working to do so.

Zoe went on leave on June 10 and just worked 7 days during the four work weeks before the Canada Day public holiday. Her public vacation spend for Canada Day is:

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

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

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

Her public vacation pay for the rest of the public vacations that fall during her leave will be $0. This is because she will not have made any earnings or vacation pay on any of the days throughout the 4 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 temporary layoff on November 15. During his layoff, Eugene was not paid earnings or vacation pay. He received employment insurance coverage benefits throughout this time, but these advantages are ruled out “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 routinely arranged day before the layoff and his very first regularly arranged day after the layoff, or has affordable cause for failing to do so.

However, since Eugene did not make any wages or trip pay in the four work weeks before those 2 public holidays, employment the amount of public holiday pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a staff member’s regular rate of pay. If an employee is entitled to get superior spend for work on a public vacation, they need to 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 implies 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 of rest work that is designated to replace a public holiday. Employees are entitled to be paid public holiday pay for an alternative holiday.

An alternative vacation should be set up for a day that is no later on than three months after the general public vacation for which it was made, or, if the employee has actually agreed electronically or in composing, the substitute day of rest can be arranged approximately 12 months after the general public vacation.

If a staff member receives a substitute vacation, the company should supply the employee with a written declaration that sets out the public holiday that is being replaced, the date of the substitute vacation, and the date that the declaration was provided to the worker. This declaration should be offered to the employee before the public vacation.

Entitlements for public holidays

Entitlements for public holidays differ depending on such things as whether the vacation falls on a working day or a non-working day and whether the employee works on the vacation. The different privileges are set out below.

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

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

When a public vacation falls on a staff member’s non-working day or during a staff member’s vacation

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

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

– public vacation spend for the public vacation, if the staff member accepts this digitally or in composing (in this case, the worker will not be offered an alternative day of rest).

When a worker who receives the day off has actually agreed digitally or in composing to work on a public vacation

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

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

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

Example: Calculating public vacation pay plus premium pay

A public holiday falls on among John-Duncan’s regular working days. He and his employer have concurred digitally or in composing that he will work on the general public vacation which, 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 frequently works 8 hours a day, 5 days a week. His routine hourly pay rate is $20. He has 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 getaway is taken. He was not on trip during the four work weeks leading up to the general public vacation

Step 1: compute public vacation pay:

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

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

3. Total his total incomes earned and trip 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: determine premium pay

Finally, the premium pay owing to John-Duncan for his deal with the general public vacation 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 entitlement is $240.

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

When an employee consents to work on a public holiday however fails to do so

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

However, if the staff member has sensible cause for not working the general public holiday, then entitlements will depend upon which of the 2 choices listed below the staff member selected in exchange for concurring to deal with the public holiday:

– if the worker had agreed digitally or in composing to deal with the public vacation for regular wages plus an alternative day off with public vacation pay, the employee is entitled to an alternative day of rest deal with public vacation pay;.
or.

– if the worker had concurred electronically or in writing to deal with the general public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the holiday. The worker is not entitled to receive any exceptional pay since they did not perform any deal with the vacation.

When an employee works only a few of the hours they concurred to deal with a public holiday

If an employee has concurred digitally or in writing to work on the public vacation but works just some of the hours they agreed to work, and does not have affordable cause for stopping working to work all of the hours, the staff member is just entitled to receive superior pay for each hour worked on the vacation. The worker has no right to public vacation pay or a substitute day of rest work.

Example: A typical case

Trudi had actually concurred in composing that she would work 8 hours on Canada Day but she only worked 4 hours and did not have sensible cause for failing 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 sensible cause for working only some of the hours they consented to work on the general public vacation, then:

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

– if the staff member had actually concurred digitally or in composing to work on the public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour worked on the vacation.

Special guidelines for certain industries

Special guidelines apply to staff members who work in the list below kinds of organizations:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– hospitals and nursing homes;.

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

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

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

– their routine rate for the hours worked on the public vacation, plus an alternative day of rest work with public vacation pay;.
or.

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

The employer chooses which of these choices will use.

Note that the employer’s ability to need staff members to deal with a public holiday goes through the staff member’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 worker’s employment agreement. Note likewise that specific retail employees who work in constant operations (for example, a 24-hour convenience shop) have the right to refuse to work on a public vacation due to the fact that of the unique rules that use to some retail workers. See the “Retail employees” chapter of this guide for more details.

A staff member in the previously listed companies who is required to deal with a public holiday that falls on their ordinary working day however fails to do so, with affordable cause, is entitled to:

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

– public holiday spend for the holiday.

The employer selects which option will apply.

A worker in any of these companies who is needed to work on a public vacation that falls on their ordinary working day but who fails, with affordable cause, to work a few 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 a replacement holiday with public vacation pay;.
or.

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

The employer picks which choice will apply.

A worker in any of these organizations who is needed to work on a public holiday that falls on their ordinary working day however who fails, without reasonable cause, to work part or all of the public vacation is just entitled to get superior pay for each hour worked on the vacation (if any). The staff member has no right to public vacation pay or a substitute day of rest work.

Overtime computations when a staff member gets premium pay

Any hours dealt with a public holiday that are compensated with superior pay are not included when figuring out whether a worker has worked any overtime hours.

If work ends

Sometimes a staff member’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 employer needs to pay the employee’s public vacation pay at the same time it pays the worker’s final wages. This is so regardless of the reason the task pertained to an end, whether it is because the employee stopped, was fired for great factor, or for some other reason.