Qualified Employees can Be Full Time

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

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

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

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

Some staff members might be needed to deal with a public holiday. (See “Special guidelines for certain markets” later on in this Chapter.) While a lot of workers 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 identify whether a job is covered, or if unique rules use, please refer to the Guide to employment requirements special guidelines and exemptions.

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

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

Regular salaries 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 task pay payable to a staff member.

While some companies give their workers a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

Some employees carry out more than one sort of work for a company. A few of this work may be covered by the public vacation part of the ESA, while another type of work may be exempt from public vacation coverage.

If an employee performs both kinds of work, exempt and covered, they are eligible for the general public vacation privilege with regard to a particular public holiday if a minimum of half of the work performed in the work week of the general public holiday is work that is covered.

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

Receiving public holiday privileges

Generally, employees receive the general public holiday entitlement unless they:

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

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

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

Qualified staff members can be full time, part-time, long-term or on term contract. It does not matter how just recently they were employed, or how many days they worked before the general public holiday.

The “last and very first rule”

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

For instance, an employee 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 frequently scheduled shift before the vacation and all of the first one after it, or has sensible cause for not working either of those days, they meet this certifying criterion.

Reasonable cause

An employee is typically considered to have “reasonable cause” for missing work when something beyond their control prevents the worker from working. Employees are accountable for revealing that they had sensible cause for remaining away from work. If they can do so, they still get approved for public holiday privileges.

How the last and very first guideline works

Rosie’s regular work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s office closes down for that day. If Rosie works the whole shift on the Thursday before the holiday and the Tuesday after the holiday, or has sensible cause for failing 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 work environment closes down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his employer for permission to remove the Thursday before the public vacation due to the fact that he has an individual visit. His employer concurs. Lev’s last regularly set up work day before the vacation is now considered 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 vacation.

Example: When an employee leaves early

A public vacation 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 vacation. The company concurs. Doris’s regularly set up 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 employment 9 a.m. to 5 p.m. on the following Monday, or has reasonable cause for failing to do so, she is entitled to the paid public vacation.

Example: When an employee is on holiday

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

Example: When an employee is on a leave or layoff

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

Example: When there is no sensible cause

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

Public holiday pay

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

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

The quantity of vacation pay payable to consist of in the computation of public vacation pay depends upon whether the employee is on holiday at any time during the 4 work weeks prior to the general public holiday, and the manner in which the worker is to be paid trip pay. Please refer to the Vacation chapter for details 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 getaway or on or before the pay day for the duration in which the vacation falls, trip pay will be included in the computation of public holiday pay if the staff member was on holiday throughout that four work week period. If the employee was not on holiday throughout that period, no trip pay will be consisted of in the calculation.

If the employee is to be paid getaway pay with every pay cheque the quantity of getaway pay to consist of in the calculation of public holiday pay will be at least four per cent of all of the worker’s incomes made throughout the 4 work week period. (Note that if a staff member earns a higher portion of holiday pay, such as 6 percent of salaries, then the “holiday pay payable” will be based on that greater portion.)

If a worker is to get their trip pay in a swelling sum on a certain date or dates, holiday pay will be consisted of in the calculation of public vacation pay only if that date or dates falls throughout the pertinent 4 work week period.

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

The 4 weeks before the general public vacation 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, the four work weeks used to determine public holiday pay are those 4 weeks counting backwards from the 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 earnings made by the worker and the trip pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Total her total earnings earned and vacation pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When getaway time is involved

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

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

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

3. Total his overall earnings made and getaway payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Example: When an employee works part-time and each pay cheque consists of trip pay

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

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

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

3. Combine her regular earnings made and holiday 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 holiday pay

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

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

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

3. Total her routine earnings made 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 an employee is on a leave

Zoe usually works 5 days a week, earning $120 a day. She gets 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 incomes or getaway pay. She got maternity and parental benefits from the federal Employment Insurance program, however these benefits are ruled out “wages.”

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

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

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

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

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

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

Example: When a staff member is on a layoff

Eugene normally works 5 days a week, earning $100 a day. He was placed on temporary layoff on November 15. During his layoff, Eugene was not paid salaries or trip pay. He received employment insurance coverage benefits during this time, but 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 frequently set up day before the layoff and his very first frequently set up day after the layoff, or has reasonable cause for employment failing to do so.

However, because Eugene did not earn any wages or holiday pay in the 4 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 an employee is entitled to get 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 example, Nathan’s regular 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 holiday

An alternative vacation 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 a replacement vacation.

An alternative holiday need to be set up for a day that is no behind three months after the public holiday for which it was made, or, if the employee has actually agreed electronically or employment in composing, the substitute day of rest can be scheduled approximately 12 months after the public vacation.

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

Entitlements for public vacations

Entitlements for public holidays differ depending upon such things as whether the holiday falls on a working day or a non-working day and employment whether the worker deals with the vacation. The various 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 vacation off and earn money public holiday pay. (Some employees might be needed to deal with a public vacation. See “Special rules for particular markets” later on in this chapter.)

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

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

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

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

When an employee who gets approved for the day of rest has agreed digitally or in writing to work on a public holiday

Most staff members deserve to get the general public vacation off and get paid public holiday pay. However, if a staff member concurs digitally or in composing to work on the general public vacation, there are 2 alternatives:

– the employee is entitled to receive regular earnings for all hours dealt with the general public holiday, plus an alternative day off deal with public holiday pay;.
or.

– if the employee concurs digitally or in writing, they are entitled to public holiday spend for the public vacation plus premium pay for all hours dealt with the public holiday. In this case, the employee will not be given an alternative day off.

Example: Calculating public vacation pay plus premium pay

A public vacation falls on one of John-Duncan’s regular working days. He and his employer have actually concurred digitally or in writing that he will work on the public holiday and that, rather of getting a substitute vacation, he will be paid public holiday pay plus premium spend for all the hours he deals with the vacation.

John-Duncan regularly works eight hours a day, 5 days a week. His routine per hour pay rate is $20. He has dealt with all his scheduled work days in the 4 work weeks before the general public vacation. He works eight hours on the general public vacation. He gets his getaway pay when his getaway is taken. He was not on holiday during the four work weeks leading up to the public vacation

Step 1: calculate public holiday pay:

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

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

3. Add together his total incomes earned and holiday pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: determine premium pay

Finally, the premium pay owing to John-Duncan for his work on 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 privilege is $240.

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

When an employee consents to deal with a public vacation however stops working to do so

If an employee has actually concurred electronically or in composing to deal with the general public vacation but does refrain from doing so – and does not have affordable cause for not having done so – the staff member has no right to pay or to a substitute day off with pay.

However, if the worker has affordable cause for not working the public holiday, then privileges will depend on which of the 2 alternatives below the employee selected in exchange for consenting to deal with the general public vacation:

– if the employee had concurred digitally or in writing to work on the public vacation for routine wages plus a substitute day off with public vacation pay, the worker is entitled to a substitute day off work with public holiday pay;.
or.

– if the employee had concurred electronically or in writing to work on the general public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the holiday. The worker is not entitled to get any exceptional pay because they did not carry out any work on the holiday.

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

If a worker has actually concurred digitally or in composing to deal with the general public holiday but works only some of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the worker is only entitled to receive exceptional spend for each hour worked on the holiday. The staff member has no right to public holiday pay or a substitute day off work.

Example: A normal case

Trudi had agreed in writing that she would work 8 hours on Canada Day however she just worked 4 hours and did not have reasonable cause for stopping working to work the other 4 hours. Trudi is entitled only to premium spend for the 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 reasonable cause for working just some of the hours they agreed to work on 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 employee had actually concurred electronically 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 plus premium spend for every hour worked on the vacation.

Special guidelines for certain markets

Special guidelines apply to workers who operate in the list below types of organizations:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– hospitals and retirement home;.

– constant 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 games tables are open all the time).

An employee who works in any of these services can be required to deal with a public holiday without their arrangement, but just if the holiday falls on a day that the worker would typically work and the employee is not on holiday.

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

– their routine rate for the hours dealt with the general public holiday, plus a substitute day of rest deal with public holiday pay;.
or.

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

The employer picks which of these options will use.

Note that the employer’s ability to need employees to work on a public holiday undergoes the employee’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 contract. Note also that specific retail workers who operate in continuous operations (for employment instance, a 24-hour corner store) have the right to decline to work on a public holiday due to the fact that of the special guidelines that apply to some retail employees. See the “Retail employees” chapter of this guide for more details.

A worker in the formerly noted companies who is needed to deal with a public holiday that falls on their regular working day however fails to do so, with sensible cause, is entitled to:

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

– public vacation spend for the vacation.

The company chooses which choice will use.

A worker in any of these businesses who is needed to work on a public holiday that falls on their common working day but 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 vacation plus a replacement vacation with public holiday pay;.
or.

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

The employer chooses which choice will use.

An employee in any of these companies who is required to work on a public holiday that falls on their common working day but who stops working, without sensible cause, to work part or all of the public holiday is only entitled to get superior pay for each hour dealt with the holiday (if any). The staff member has no right to public vacation pay or an alternative day off work.

Overtime calculations when a worker receives exceptional pay

Any hours worked on a public vacation that are compensated with premium pay are not included when figuring out whether a staff member has worked any overtime hours.

If work ends

Sometimes an employee’s job comes to an end before the staff member can take a substitute vacation with public vacation pay that they have earned. In this case, the employer should pay the staff member’s public holiday pay at the very same time it pays the worker’s last wages. This is so regardless of the reason the job came to an end, whether it is due to the fact that the employee stopped, was fired for good factor, or for some other factor.