Qualified Employees can Be Full Time

Most workers who qualify are entitled to take these days 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 vacation and not receive another day of rest (called a “replacement” vacation);.
or.

– be paid their regular incomes for all hours dealt with the general public holiday and get another alternative vacation for which they need to be paid public vacation pay.

Some workers might be required to work on a public holiday. (See “Special rules for certain markets” later on in this Chapter.) While most employees are qualified for the public holiday privilege, some staff members operate in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To figure out whether a job is covered, or if unique guidelines apply, please refer to the Guide to work requirements special rules and exemptions.

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

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

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

While some employers offer their staff members a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not needed to do so under the ESA.

Performing both covered and exempt work

Some workers perform more than one type of work for a company. Some of this work might be covered by the public vacation part of the ESA, while another type of work may be exempt from public holiday coverage.

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

Rupert works for a taxi business as both a 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, 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 entitlement for Canada Day.

Qualifying for public vacation entitlements

Generally, staff members get approved for the public vacation privilege unless they:

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

– stop working without reasonable cause to work their whole shift on the public vacation if they accepted or were required to work that day.

Note: Most staff members who stop working to qualify for the public vacation entitlement are still entitled to be paid superior pay for every hour they work on the vacation.

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

The “last and very first guideline”

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

For example, 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 arranged shift before the vacation and all of the very first one after it, or has affordable cause for not working either of those days, they meet this certifying requirement.

Reasonable cause

A worker is typically considered to have “sensible cause” for missing out on work when something beyond their control prevents the worker from working. Employees are accountable for showing that they had reasonable cause for keeping away from work. If they can do so, they still qualify for public vacation 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 vacation, or has reasonable cause for failing to work either of those days, she qualifies to be spent for the vacation.

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his employer for permission to take off the Thursday before the general public holiday because he has a personal visit. His employer agrees. Lev’s last regularly set up work day before the holiday is now thought about to be on the Wednesday.

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

Example: When a staff member leaves early

A public vacation falls on a Friday, and Doris’s work environment 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 company concurs. Doris’s regularly arranged shift on the Thursday before the general public vacation 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 failing to do so, 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 getaway from June 25 to July 9. If George works all of his last routinely set up shift before his getaway and first regularly arranged shift after his getaway – on June 24 and July 10 – or has reasonable cause for failing to do so, he will qualify for the paid public holiday.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last frequently scheduled day of work before her leave, and her very first frequently arranged day of work after her leave, or has reasonable cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no affordable cause

A public holiday 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 that day. She gets no pay for the holiday.

Public vacation pay

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

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

The quantity of getaway pay payable to include in the computation of public holiday pay depends upon whether the employee is on vacation at any time during the 4 work weeks prior to the general public vacation, and the manner in which the worker is to be paid trip pay. Please refer to the Vacation chapter for information on the various methods getaway pay can be paid.

Vacation pay payable

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

If the worker is to be paid vacation pay with every pay cheque the amount of holiday pay to consist of in the estimation of public vacation pay will be at least four per cent of all of the staff member’s salaries made throughout the 4 work week period. (Note that if a worker earns a greater portion of getaway pay, such as six per cent of earnings, then the “vacation pay payable” will be based upon that greater percentage.)

If a worker is to get their getaway pay in a swelling amount on a specific date or dates, trip pay will be included in the calculation of public holiday pay only if that date or dates falls during the appropriate 4 work week period.

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

The 4 weeks before the general 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 runs from Thursday to Wednesday. In this case, employment the four work weeks utilized to calculate public vacation pay are those four weeks counting backwards 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 regular earnings earned by the worker and the vacation pay payable to the worker with regard to the four work weeks from November 22 to December 19 are used in the computation of public vacation pay.

Calculating public vacation pay

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

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

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

3. Add together her overall earnings earned and vacation 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 included

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

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

2. Calculate the amount of getaway pay:.
Brock was on holiday for 2 of the four work weeks prior to the work week with the general public vacation, and is paid holiday pay before he takes his vacation. The amount of holiday pay payable with regard to the 4 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 a staff member works part-time and each pay cheque includes holiday pay

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

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

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

3. Total her regular wages made and holiday pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

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

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

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

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

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

3. Combine her routine wages made and holiday 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 staff member is on a leave

Zoe normally works five days a week, earning $120 a day. She receives vacation 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 earnings or holiday pay. She got maternity and parental take advantage of the federal Employment Insurance program, employment however these advantages are ruled out “earnings.”

Zoe is entitled to get public vacation pay for the public holidays that fall throughout her leave as long as she works her last frequently arranged day before her leave and her very first frequently 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 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 getaway throughout the four work week duration).

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

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

Example: When a worker is on a layoff

Eugene normally works five days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid incomes or trip pay. He received work insurance coverage benefits throughout this time, however these advantages are not thought about “wages.”

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

However, because Eugene did not earn any wages or vacation pay in the four work weeks before those 2 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 routine rate of pay. If a worker is entitled to receive exceptional spend for work on a public holiday, they must be paid 1 1/2 times their routine rate of spend for each hour worked.

For instance, Nathan’s routine rate of pay is $20 an hour. This means 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 off work that is designated to change a public holiday. Employees are entitled to be paid public holiday spend for a substitute holiday.

A substitute holiday need to be set up for a day that is no behind 3 months after the general public holiday for which it was earned, or, if the staff member has concurred electronically or in composing, the alternative day of rest can be arranged approximately 12 months after the general public holiday.

If a staff member receives an alternative vacation, the employer needs to offer the worker with a written declaration that sets out the general public vacation that is being replaced, the date of the alternative holiday, and the date that the statement was provided to the employee. This statement must be offered to the staff member before the public holiday.

Entitlements for public vacations

Entitlements for public holidays differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the worker works on the vacation. 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 can get the public holiday off and earn money public vacation pay. (Some workers may be needed to work on a public holiday. See “Special rules for specific markets” later in this chapter.)

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

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

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

– public holiday pay for the general public holiday, if the worker consents to this digitally or in composing (in this case, the employee will not be provided a substitute day of rest).

When a staff member who qualifies for the day of rest has concurred electronically or in composing to work on a public holiday

Most employees can get the public holiday off and get paid public vacation pay. However, if a staff member concurs electronically or in writing to work on the public vacation, there are two options:

– the staff member is entitled to get routine incomes for all hours dealt with the general public vacation, plus a substitute day off work with public vacation pay;.
or.

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

Example: Calculating public holiday pay plus premium pay

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

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

Step 1: compute public holiday pay:

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

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

3. Combine his overall wages made and holiday pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public vacation pay privilege is $160.

Step 2: determine exceptional pay

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

Result: John-Duncan is entitled to public vacation pay of $160 and superior pay of $240, for a total of $400.

When a staff member consents to work on a public vacation but fails to do so

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

However, if the employee has affordable cause for not working the public vacation, then entitlements will depend on which of the 2 alternatives listed below the employee chose in exchange for accepting work on the public holiday:

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

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

When an employee works just some of the hours they consented to work on a public vacation

If a staff member has actually agreed electronically or in composing to work on the public vacation however works just some of the hours they accepted work, and does not have reasonable cause for failing to work all of the hours, the worker is just entitled to receive superior pay for each hour worked on the holiday. The worker has no right to public holiday pay or a substitute day of rest work.

Example: A common case

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

However, if the staff member has reasonable cause for working only some of the hours they agreed to deal with the general public vacation, then:

– the staff member 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 concurred electronically or in composing to work on the general public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour dealt with the vacation.

Special rules for specific industries

Special rules apply to workers who work in the list below types of businesses:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– healthcare facilities and retirement home;.

– 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 games part of a gambling establishment if the video games tables are open all the time).

A staff member who operates in any of these businesses can be required to work on a public holiday without their agreement, but only if the vacation falls on a day that the staff member would typically work and the worker is not on vacation.

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

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

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

The company chooses which of these options will apply.

Note that the employer’s capability to need workers to work on 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 terms of the staff member’s employment contract. Note also that specific retail employees who operate in constant operations (for employment example, a 24-hour convenience shop) deserve to decline to work on a public vacation since of the unique guidelines that use to some retail employees. See the “Retail workers” chapter of this guide for more details.

A staff member in the formerly noted services who is required to deal with a public holiday that falls on their regular working day but fails to do so, with affordable cause, is entitled to:

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

– public vacation pay for the vacation.

The employer chooses which option will apply.

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

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

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

The employer chooses which alternative will apply.

A worker in any of these services who is needed to deal with a public holiday that falls on their common working day but who stops working, without sensible cause, to work part or all of the general public vacation is just entitled to receive exceptional 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 calculations when an employee receives premium pay

Any hours dealt with a public vacation that are compensated with superior pay are not consisted of when determining whether a worker has worked any overtime hours.

If employment ends

Sometimes a staff member’s task pertains to an end before the staff member can take a substitute vacation with public holiday pay that they have made. In this case, the company must pay the staff member’s public holiday pay at the exact same time it pays the employee’s final wages. This is so despite the reason the job came to an end, whether it is because the worker gave up, was fired for good factor, or for some other factor.