Qualified Employees can Be Full-time

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

Alternatively, the worker can concur 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 off (called a “alternative” vacation);.
or.

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

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

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

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

Regular salaries does not consist of any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to a worker.

While some companies offer their workers a holiday on Easter Sunday, Easter Monday, the very 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 employees perform more than one sort 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 protection.

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

Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is qualified for the general public holiday privilege for Canada Day.

Qualifying for public holiday privileges

Generally, workers receive the public holiday entitlement unless they:

– stop working without reasonable cause to work all of their last routinely set up day of work before the general public vacation or all of their first frequently 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 employees who stop working to receive the public holiday entitlement are still entitled to be paid premium pay 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 general public vacation.

The “last and very first guideline”

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

For instance, an employee may not be arranged to work the day right before or after the holiday. As long as the staff member works all of their last frequently set up shift before the holiday and all of the first one after it, or has reasonable cause for not working either of those days, they satisfy this qualifying requirement.

Reasonable cause

A worker is generally considered to have “sensible cause” for missing work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had sensible cause for staying away from work. If they can do so, they still get approved for public holiday entitlements.

How the last and first rule 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 entire shift on the Thursday before the holiday and the Tuesday after the holiday, or has sensible cause for stopping working to work either of those days, she qualifies to be paid for the holiday.

Example: When an employee takes a day of rest

A public vacation falls on a Monday, and Lev’s workplace closes down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his company for authorization to remove the Thursday before the general public vacation since he has a personal appointment. His employer concurs. Lev’s last frequently scheduled work day before the vacation is now considered to be on the Wednesday.

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

Example: When an employee leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the vacation. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the public holiday. The employer agrees. Doris’s frequently arranged shift on the Thursday before the 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 a staff member is on trip

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

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday takes place. If Lydia works her last routinely set up day of work before her leave, and her very first regularly scheduled 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 vacation. Ellen does not deal with her last scheduled day before the holiday, and she does not have reasonable cause for missing out on that day. She gets no pay for the vacation.

Public vacation pay

The amount of public vacation pay to which an employee is entitled is all of the routine earnings made by the employee in the four work weeks before the work week with the general public holiday plus all of the vacation pay payable to the worker with respect to the four work weeks before the work week with the general public vacation, divided by 20.

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

The quantity of vacation pay payable to include in the estimation of public vacation pay depends upon whether the employee is on vacation at any time throughout the four work weeks prior to the general public vacation, and the way in which the staff member is to be paid getaway pay. Please refer to the Vacation chapter for info on the various methods holiday pay can be paid.

Vacation pay payable

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

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

If a worker is to receive their trip pay in a lump sum on a certain date or dates, getaway pay will be consisted of in the estimation of public holiday pay just if that date or dates falls during the relevant 4 work week duration.

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

The 4 weeks before the general public vacation is based on the company’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 compute public holiday pay are those four weeks counting in reverse from the very first Wednesday (the last day of the employer’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 holiday: Tuesday, December 25

In this example, the routine salaries earned by the worker and the vacation pay payable to the employee with respect to the four work weeks from November 22 to December 19 are used in the calculation of public vacation pay.

Calculating public holiday pay

Iryna works 5 days a week and earns $120 a day. She worked her last frequently scheduled work day before the public holiday and her first routinely arranged day after the holiday. She receives her holiday pay when her vacation is taken. She was not on holiday throughout the 4 work weeks leading up to the general public holiday.

1. Calculate Iryna’s overall routine earnings earned:
$ 120 per day X 5 days = $600 per week
$ 600 weekly X 4 work weeks = $2,400.
Iryna made $2,400 of routine incomes 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 gets her getaway pay when she takes her vacation. Because she was not on holiday during the 4 work week duration, the quantity of trip pay payable with regard to the four work weeks before the general public vacation = $0.

3. Combine her overall incomes earned and getaway pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When holiday time is involved

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

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

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

3. Combine his total incomes made and trip 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 worker works part-time and each pay cheque includes vacation pay

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

1. Calculate Tegan’s regular incomes made:.
$ 120 daily X 3 days = $360 weekly.
$ 360 per week X 4 weeks = $1,440.

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

3. Add together her regular earnings 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 consists of trip pay

Bertie does not work a set variety of hours daily or days weekly. Her pay differs from week to week, according to the time she has actually worked. She and her employer have concurred in composing that she will get 4 per cent vacation pay on each pay cheque.

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

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

3. Total her routine earnings 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 vacation pay.

Example: When a worker is on a leave

Zoe normally works five days a week, earning $120 a day. She gets trip pay before she goes on holiday. 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 trip pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these advantages are not considered “salaries.”

Zoe is entitled to get public holiday pay for the general public vacations that fall throughout her leave as long as she works her last routinely scheduled day before her leave and her first routinely set up day after her leave, or has affordable cause for failing to do so.

Zoe went on leave on June 10 and just worked seven days during the 4 work weeks before the Canada Day public holiday. Her public vacation spend for Canada Day is:

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

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

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

Her public vacation pay for the remainder of the public holidays that fall throughout her leave will be $0. This is since she will not have made any wages or vacation pay on any of the days during the 4 work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene typically works 5 days a week, earning $100 a day. He was positioned on short-lived layoff on November 15. During his layoff, Eugene was not paid wages or holiday pay. He received work insurance coverage benefits during this time, however these benefits are not considered “incomes.”

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

However, since Eugene did not earn any salaries or holiday pay in the four work weeks before those 2 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 routine rate of pay. If a staff member is entitled to receive premium pay for work on a public vacation, they should be paid 1 1/2 times their regular rate of spend for each hour worked.

For example, 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 vacation

A substitute vacation is another working day of rest work that is designated to replace a public holiday. Employees are entitled to be paid public holiday spend for a substitute holiday.

An alternative vacation should be set up for a day that is no later on than 3 months after the general public holiday for which it was earned, or, if the employee has agreed digitally or in composing, the substitute day off can be scheduled approximately 12 months after the general public holiday.

If a worker gets an alternative vacation, the company must offer the staff member with a written declaration that sets out the general public vacation that is being replaced, the date of the substitute vacation, and the date that the statement 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 vacations vary depending on such things as whether the vacation falls on a working day or a non-working day and whether the worker deals with the vacation. The different entitlements are set out below.

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

Most employees can get the public vacation off and make money public vacation pay. (Some workers might be required to work on a public holiday. See “Special guidelines for particular markets” later on in this chapter.)

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

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

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

– public vacation spend for the general public vacation, if the staff member concurs to this electronically or in composing (in this case, the worker will not be given a substitute day off).

When an employee who receives the day off has concurred electronically or in writing to deal with a public holiday

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

– the worker is entitled to receive routine incomes for all hours dealt with the public vacation, plus an alternative day of rest work with public vacation pay;.
or.

– if the worker concurs digitally or in composing, they are entitled to public holiday spend for the general public holiday plus premium pay for all hours dealt with the general public vacation. In this case, the staff member will not be provided a substitute day off.

Example: Calculating public holiday pay plus premium pay

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

John-Duncan routinely works eight hours a day, five days a week. His routine per hour pay rate is $20. He has actually dealt with all his scheduled work days in the 4 work weeks before the public holiday. He works 8 hours on the general public holiday. He receives his holiday pay when his trip is taken. He was not on holiday throughout the 4 work weeks leading up to the public vacation

Step 1: determine public holiday pay:

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

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

3. Combine his total incomes earned and holiday 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 premium 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 premium pay of $240, for a total of $400.

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

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

However, if the employee has reasonable cause for not working the general public holiday, then privileges will depend upon which of the two options below the worker chose in exchange for consenting to work on the public vacation:

– if the worker had concurred digitally or referall.us in composing to work on the general public holiday for routine incomes plus an alternative day of rest with public holiday pay, the worker is entitled to a substitute day off work with public holiday pay;.
or.

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

When a worker works only some of the hours they agreed to deal with a public holiday

If a worker has actually concurred digitally or in writing to deal with the general public vacation but works just a few of the hours they agreed to work, and does not have affordable cause for failing to work all of the hours, the worker is just entitled to receive exceptional spend for each hour dealt with the holiday. The employee has no right to public holiday pay or an alternative day off work.

Example: A normal case

Trudi had actually concurred in composing that she would work 8 hours on Canada Day however she only worked 4 hours and did not have sensible cause for failing to work the other 4 hours. Trudi is entitled just to premium spend for the four hours she worked on the holiday. She is not entitled to public holiday pay or to an alternative day off work.

However, if the employee has sensible cause for working only a few of the hours they concurred to deal with the general public holiday, then:

– the worker is entitled to their regular rate for all the hours worked plus a substitute day off work with public holiday pay;.
or.

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

Special guidelines for specific markets

Special guidelines use to staff members who operate in the list below types of businesses:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– health centers 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 company or the games part of a gambling establishment if the video games tables are open around the clock).

A worker who operates in any of these organizations can be needed to deal with a public holiday without their agreement, however only if the holiday falls on a day that the worker would normally work and the worker is not on holiday.

If an employee is needed 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 holiday pay;.
or.

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

The employer selects which of these options will apply.

Note that the company’s capability to require staff members to work on a public vacation undergoes the staff member’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the worker’s work agreement. Note likewise that specific retail workers who operate in constant operations (for instance, a 24-hour benefit store) have the right to decline to work on a public holiday because of the special rules that apply to some retail workers. See the “Retail employees” chapter of this guide to learn more.

A worker in the previously listed companies who is required 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:

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

– public holiday pay for the holiday.

The company selects which choice will use.

A staff member in any of these businesses who is required to work on a public vacation that falls on their regular working day however who stops working, with sensible cause, to work some of the hours they were required to work on the vacation is entitled to either:

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

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

The employer chooses which choice will apply.

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

Overtime computations when an employee gets premium pay

Any hours dealt with a public holiday that are compensated with superior pay are not included when determining whether a staff member has worked any overtime hours.

If employment ends

Sometimes a staff member’s job comes to an end before the staff member can take an alternative holiday with public holiday pay that they have actually made. In this case, the company should pay the worker’s public holiday pay at the same time it pays the worker’s final earnings. This is so no matter the factor the job pertained to an end, whether it is since the worker quit, was fired for good reason, or for some other reason.