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 staff member can agree electronically or in composing to deal with the vacation and be paid:

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

– be paid their routine earnings for all hours dealt with the public holiday and receive another substitute vacation for which they need to be paid public holiday pay.

Some staff members might be needed to work on a public vacation. (See “Special rules for specific industries” later in this Chapter.) While many staff members are eligible for the public holiday entitlement, some workers work in jobs 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 apply, please refer to the Guide to work standards special guidelines and exemptions.

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

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

Regular earnings does not consist of any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a worker.

While some companies give their workers a vacation 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 staff members perform more than one sort of work for a company. A few of this work might be covered by the public holiday part of the ESA, while another sort of work might be exempt from public vacation coverage.

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

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public vacation coverage) and a (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 vacation part of the ESA, he is qualified for the general public holiday privilege for Canada Day.

Qualifying for public vacation entitlements

Generally, staff members certify for the public holiday entitlement unless they:

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

– fail without reasonable cause to work their whole shift on the general public vacation if they concurred to or were needed to work that day.

Note: Most employees who fail to get approved for the public vacation entitlement are still entitled to be paid exceptional spend for every hour they work on the holiday.

Qualified workers can be full-time, part-time, long-term or on term contract. It does not matter how recently they were worked with, or how many days they worked before the public vacation.

The “last and very first rule”

The “last routinely arranged day of work before the public holiday” and the “first routinely arranged day of work after the public holiday” do not need to be the days right previously and right after the holiday.

For instance, a worker might not be set up to work the day right before or after the vacation. As long as the staff member works all of their last frequently arranged shift before the vacation and all of the very first one after it, or has sensible cause for not working either of those days, they meet this qualifying requirement.

Reasonable cause

An employee is usually considered to have “sensible cause” for missing work when something beyond their control prevents the employee from working. Employees are accountable for revealing 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 first guideline works

Rosie’s regular work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment 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 stopping working to work either of those days, she certifies 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 work environment shuts down for that day. Lev regularly works Monday to Thursday. Lev has asked his company for consent to take off the Thursday before the public holiday due to the fact that he has a personal appointment. His company concurs. 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 entire Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he receives the paid public holiday.

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris’s office is closed for the vacation. Doris generally 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 vacation. The company concurs. Doris’s routinely 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 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 frequently set up shift before his vacation and first frequently arranged shift after his trip – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will get approved for the paid public holiday.

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

Example: When there is no affordable 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 out on that day. She receives no pay for the vacation.

Public vacation pay

The quantity of public holiday pay to which an employee is entitled is all of the routine wages earned by the worker in the 4 work weeks before the work week with the general public holiday plus all of the trip pay payable to the worker 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 computation of public vacation pay

The amount of getaway pay payable to consist of in the calculation of public holiday pay depends on whether the employee is on holiday at any time during the four work weeks prior to the public vacation, job and the way in which the worker is to be paid getaway pay. Please describe the Vacation chapter for information on the various methods vacation pay can be paid.

Vacation pay payable

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

If the employee is to be paid holiday pay with every pay cheque the amount of holiday pay to consist of in the calculation of public vacation pay will be at least four per cent of all of the worker’s incomes earned during the four work week period. (Note that if an employee makes a higher percentage of holiday pay, such as 6 per cent of earnings, then the “holiday pay payable” will be based on that higher percentage.)

If an employee is to receive their vacation pay in a lump sum on a certain date or dates, trip pay will be included in the computation of public vacation pay just if that date or dates falls throughout the pertinent 4 work week duration.

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

The 4 weeks before the public vacation is based on the employer’s work week and is not necessarily 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 four work weeks utilized to calculate public vacation 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 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: job Tuesday, December 25

In this example, the routine salaries made by the worker and the getaway pay payable to the staff member with regard to the 4 work weeks from November 22 to December 19 are used in the calculation of public vacation pay.

Calculating public vacation pay

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

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

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

3. Combine her total wages made 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 trip time is involved

Brock works 5 days a week and earns $160 a day. He was on getaway for 2 of the 4 weeks before the public holiday. He gets holiday pay before he takes his getaway. He is paid $1,600 holiday spend for his 2 weeks of holiday. Brock worked his last frequently scheduled work day before the general public holiday and his first routinely scheduled work day after the holiday.

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

2. Calculate the quantity of trip 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 holiday pay before he takes his getaway. The quantity of getaway pay payable with respect to the 4 work weeks prior to the work week with the public vacation = $1,600.

3. Add together his total wages made 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 holiday pay.

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

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

1. Calculate Tegan’s regular incomes 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 daily (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 weekly X 4 weeks = $57.60.

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

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

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

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

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

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

3. Add together her regular incomes 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 vacation pay.

Example: When an employee is on a leave

Zoe generally works five days a week, making $120 a day. She receives vacation pay before she goes on holiday. 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 salaries or getaway pay. She got maternity and adult gain from the federal Employment Insurance program, but these advantages are not considered “wages.”

Zoe is entitled to receive public vacation spend for the public holidays that fall throughout her leave as long as she works her last regularly set up day before her leave and her first routinely scheduled day after her leave, or has affordable cause for stopping working to do so.

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

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

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

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

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

Example: When a worker is on a layoff

Eugene generally works five days a week, making $100 a day. He was put on momentary layoff on November 15. During his layoff, job Eugene was not paid wages or trip pay. He received work insurance coverage benefits during this time, but these benefits are ruled out “wages.”

Eugene was recalled 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 set up day before the layoff and his very first frequently set up day after the layoff, or has sensible cause for stopping working to do so.

However, since Eugene did not earn any incomes or holiday pay in the four work weeks before those two public vacations, 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 a worker is entitled to receive premium pay for work on a public holiday, they need to be paid 1 1/2 times their regular rate of pay for each hour worked.

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

Substitute vacation

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

A replacement holiday need to be set up for a day that is no behind 3 months after the general public holiday for which it was made, or, if the employee has agreed digitally or in composing, the alternative day off can be scheduled as much as 12 months after the public holiday.

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

Entitlements for public vacations

Entitlements for public vacations vary depending on such things as whether the holiday falls on a working day or a non-working day and whether the worker deals with the vacation. The different entitlements are set out listed below.

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

Most staff members can get the public holiday off and job get paid public vacation pay. (Some employees might be required to work on a public holiday. See “Special guidelines for certain markets” later in this chapter.)

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

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

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

– public holiday pay for the general public vacation, if the staff member consents to this digitally or in writing (in this case, the employee will not be offered an alternative day off).

When a worker who receives the day of rest has concurred digitally or in composing to work on a public holiday

Most staff members can get the general public holiday off and get paid public vacation pay. However, if a worker agrees electronically or in composing to deal with the public holiday, there are two choices:

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

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

Example: Calculating public vacation pay plus premium pay

A public vacation falls on among John-Duncan’s regular working days. He and his company have agreed electronically or in writing that he will work on the general public vacation and job that, instead of getting a substitute holiday, he will be paid public vacation pay plus premium pay for all the hours he deals with the holiday.

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

Step 1: determine public holiday pay:

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

3. Total his overall earnings made and getaway 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: compute premium 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 holiday pay of $160 and exceptional pay of $240, for an overall of $400.

When a worker consents to deal with a public holiday but stops working to do so

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

However, if the worker has sensible cause for not working the general public holiday, then privileges will depend on which of the two choices listed below the staff member picked in exchange for accepting work on the public vacation:

– if the worker had concurred electronically or in composing to deal with the public holiday for routine earnings plus an alternative day of rest with public vacation pay, the employee is entitled to a substitute day of rest work with public vacation pay;.
or.

– if the worker had actually agreed digitally or in writing to work on the public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public holiday spend for the vacation. The worker is not entitled to receive any premium pay due to the fact that they did not perform any work on the vacation.

When a staff member works just some of the hours they accepted work on a public vacation

If an employee has agreed digitally or in writing to work on the general public vacation but works only a few of the hours they agreed to work, and does not have reasonable cause for failing to work all of the hours, the employee is just entitled to receive exceptional pay for each hour dealt with the vacation. The staff member has no right to public holiday pay or an alternative day of rest work.

Example: A normal case

Trudi had agreed in writing that she would work eight hours on Canada Day but she only worked four hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled just to premium spend for the 4 hours she dealt with the holiday. She is not entitled to public holiday pay or to a substitute day off work.

However, if the employee has reasonable cause for working only some of the hours they accepted work on the public holiday, then:

– the employee is entitled to their regular rate for all the hours worked plus a substitute day of rest deal with public vacation pay;.
or.

– if the employee had agreed electronically or in writing to work on the general public holiday for job public holiday pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour worked on the holiday.

Special guidelines for specific industries

Special rules use to staff members who operate in the following types of companies:

– hotels, motels and tourist resorts;.

– restaurants and taverns;.

– hospitals and nursing homes;.

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

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

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

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

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

The company selects which of these choices will use.

Note that the company’s capability to need workers to deal with a public holiday is subject to the worker’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note likewise that particular retail employees who operate in constant operations (for example, a 24-hour corner store) have the right to decline to work on a public vacation because of the special guidelines that use to some retail employees. See the “Retail workers” chapter of this guide to learn more.

An employee in the previously noted companies who is required to work on a public vacation that falls on their normal working day but fails to do so, with affordable cause, is entitled to:

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

– public vacation spend for the holiday.

The employer selects which alternative will use.

A worker in any of these organizations who is required to deal with a public vacation that falls on their common working day however who stops working, with sensible cause, to work a few of the hours they were needed to deal with the vacation is entitled to either:

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

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

The employer selects which alternative will use.

A staff member in any of these businesses who is required to deal with a public holiday that falls on their regular working day but who stops working, without affordable cause, to work part or all of the general public vacation is only entitled to receive premium spend for each hour worked on the vacation (if any). The employee has no right to public vacation pay or an alternative day off work.

Overtime estimations when a staff member gets exceptional pay

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

If work ends

Sometimes a staff member’s job concerns an end before the staff member can take a replacement holiday with public vacation pay that they have actually made. In this case, the company needs to pay the staff member’s public holiday pay at the exact same time it pays the employee’s final incomes. This is so no matter the reason the job concerned an end, whether it is because the worker quit, was fired for good factor, or for some other factor.