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 worker can agree electronically or in writing to deal with the holiday and be paid:

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

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

Some employees might be needed to work on a public holiday. (See “Special rules for specific industries” later on in this Chapter.) While the majority of employees are eligible for the general public vacation privilege, some workers operate in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To determine whether a task is covered, or if unique rules use, please refer to the Guide to employment standards special rules and exemptions.

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

See “Public holiday pay” later in this chapter.

Regular incomes does not include any overtime pay, trip pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to an employee.

While some companies provide their employees a vacation on Easter Sunday, Easter Monday, the very 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 employees perform more than one kind of work for referall.us a company. Some of this work may be covered by the public vacation part of the ESA, while another sort of work might be exempt from public vacation protection.

If an employee carries out both type of work, exempt and covered, they are eligible for the public holiday 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 business as both a taxi cab motorist (work that is exempt from public holiday 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 eligible for the general public holiday privilege for Canada Day.

Receiving public holiday entitlements

Generally, staff members qualify for the general public vacation entitlement unless they:

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

– fail without sensible cause to work their whole shift on the general public vacation if they accepted or were required to work that day.

Note: Most staff members who stop working to certify for the public vacation privilege are still entitled to be paid exceptional spend for every hour they work on the vacation.

Qualified workers can be complete time, part-time, permanent or on term contract. It does not matter how recently they were hired, or how lots of days they worked before the general public holiday.

The “last and very first guideline”

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

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

Reasonable cause

A staff member is generally considered to have “reasonable cause” for missing work when something beyond their control avoids the employee from working. Employees are accountable for showing that they had affordable cause for keeping 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 regular work week runs from Monday to Thursday. A public vacation 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 vacation, or has affordable cause for stopping working to work either of those days, she certifies to be spent for the vacation.

Example: When a staff member takes a day of rest

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his company for approval to take off the Thursday before the general public holiday since he has a personal appointment. His employer agrees. Lev’s last frequently scheduled work day before the holiday is now considered to be on the Wednesday.

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

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the vacation. 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 employer concurs. Doris’s regularly scheduled shift on the Thursday before the general public holiday 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 sensible cause for stopping working 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 holiday from June 25 to July 9. If George works all of his last regularly arranged shift before his trip and first routinely arranged shift after his holiday – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will certify for the paid public vacation.

Example: When an employee is on a leave or layoff

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

Example: When there is no sensible 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 vacation, and she does not have reasonable cause for missing out on that day. She receives no pay for the vacation.

Public holiday pay

The quantity of public holiday pay to which a staff member is entitled is all of the regular earnings earned by the worker in the four work weeks before the work week with the general public holiday plus all of the trip pay payable to the employee with respect to the 4 work weeks before the work week with the general public holiday, divided by 20.

When to consist of vacation pay in the estimation of public vacation pay

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

Vacation pay payable

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

If the staff member is to be paid getaway pay with every pay cheque the amount of holiday pay to include in the calculation of public holiday pay will be at least 4 percent of all of the employee’s earnings earned during the 4 work week duration. (Note that if a worker makes a greater portion of vacation pay, such as 6 percent of wages, then the “getaway pay payable” will be based on that greater percentage.)

If a staff member is to get their trip pay in a swelling sum on a specific date or dates, holiday pay will be consisted of in the computation of public vacation pay only if that date or dates falls throughout the pertinent four work week duration.

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

The 4 weeks before the general public holiday is based upon the company’s work week and is not always 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 4 work weeks used to compute public vacation pay are those 4 weeks counting in reverse from the 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 holiday: Tuesday, December 25

In this example, the regular salaries made by the staff member and the trip pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are utilized in the estimation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Add together her total wages 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 holiday pay.

Example: When vacation time is included

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

1. Calculate Brock’s total regular wages earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

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

3. Combine 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 holiday pay.

Example: When a staff member works part-time and each pay cheque consists of vacation pay

Tegan works three days a week and earns $120 a day. She worked her last routinely arranged work day before the general public holiday and her very first routinely set up day after the vacation. She and her company have concurred in writing that she will get 4 percent getaway pay on each paycheque.

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

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

3. Combine her routine wages made 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 vacation pay.

Example: When there are no set hours and each pay cheque consists of holiday pay

Bertie does not work a set variety of hours per day or days weekly. Her pay varies from week to week, according to the time she has worked. She and her company have agreed in composing that she will receive 4 per cent vacation pay on each pay cheque.

1. Bertie’s routine earnings made during the 4 work weeks before the holiday are $1,500.

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

3. Total her routine incomes made and trip 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 usually works five days a week, earning $120 a day. She gets holiday 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 wages or vacation pay. She received maternity and parental take advantage of the federal Employment Insurance program, however these advantages are not considered “wages.”

Zoe is entitled to get public vacation spend 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 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 7 days throughout the four work weeks before the Canada Day public vacation. Her public vacation spend for Canada Day is:

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

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

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

Her public holiday spend for the rest of the public holidays that fall during her leave will be $0. This is because she will not have made any salaries or trip 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 generally works five days a week, making $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or trip pay. He got employment insurance advantages throughout this time, but these advantages are not considered “wages.”

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

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

Premium pay

Premium pay is 1 1/2 times a staff member’s regular rate of pay. If an employee is entitled to get premium pay for deal with a public holiday, they must be paid 1 1/2 times their routine rate of pay for each hour worked.

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

Substitute holiday

An alternative holiday 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 replacement holiday.

A replacement holiday need to be scheduled for a day that is no later on than three months after the general public vacation for which it was made, or, if the staff member has concurred electronically or in writing, the substitute day off can be scheduled as much as 12 months after the public holiday.

If a staff member gets a replacement vacation, the employer should offer the staff member with a composed 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 provided to the employee. This declaration should be offered to the worker before the general public vacation.

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 employee works on the vacation. The different entitlements are set out listed below.

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

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

When a public holiday falls on a worker’s non-working day or during a worker’s trip

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

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

– public vacation spend for the public holiday, if the employee consents to this digitally or in writing (in this case, the staff member will not be given a substitute day of rest).

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

Most employees have the right to get the public vacation off and earn money public vacation pay. However, if a staff member agrees electronically or in writing to work on the general public vacation, there are 2 options:

– the staff member is entitled to get regular salaries for all hours worked on the general public holiday, plus an alternative day of rest deal with public vacation pay;.
or.

– if the employee agrees digitally or in writing, they are entitled to public vacation pay for the general public vacation plus premium pay for all hours worked on the general public holiday. In this case, the employee will not be provided a substitute day of rest.

Example: Calculating public holiday pay plus premium pay

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

John-Duncan routinely works eight hours a day, 5 days a week. His regular per hour pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the general public holiday. He works 8 hours on the general public holiday. He receives his trip pay when his holiday is taken. He was not on getaway during the 4 work weeks leading up to the general public holiday

Step 1: compute public vacation pay:

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

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

3. Add together his total wages made and getaway 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: compute superior pay

Finally, the premium pay owing to John-Duncan for his deal with the general public vacation is determined:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay privilege is $240.

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

When a worker consents to deal with a public vacation however fails to do so

If a worker has concurred electronically or in composing to work on the general public vacation however does refrain from doing so – and does not have reasonable cause for not having actually done so – the worker has no right to public holiday pay or to an alternative day off with pay.

However, if the staff member has reasonable cause for not working the general public vacation, then privileges will depend upon which of the 2 choices below the employee picked in exchange for accepting work on the general public holiday:

– if the staff member had actually concurred electronically or in writing to deal with the general public holiday for routine earnings plus a substitute day of rest with public holiday 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 deal with the public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday spend for the holiday. The staff member is not entitled to receive any superior pay due to the fact that they did not perform any deal with the holiday.

When a worker works only a few of the hours they concurred to work on a public vacation

If a worker has concurred electronically or in writing to work on the public vacation but works just some of the hours they consented to work, and does not have sensible cause for stopping working to work all of the hours, the employee is only entitled to get premium pay for each hour dealt with the holiday. The staff member has no right to public holiday pay or a substitute day of rest work.

Example: A normal case

Trudi had concurred in writing that she would work 8 hours on Canada Day however she only worked four hours and did not have reasonable cause for stopping working to work the other 4 hours. Trudi is entitled just to premium pay for the four hours she dealt with the vacation. She is not entitled to public holiday pay or to an alternative day of rest work.

However, if the worker has sensible cause for working only some of the hours they accepted deal with the general public holiday, then:

– the staff member is entitled to their regular rate for all the hours worked plus an alternative day of rest deal with public vacation pay;.
or.

– if the staff member had actually agreed electronically 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 vacation pay plus premium pay for every hour dealt with the holiday.

Special guidelines for certain industries

Special guidelines use to workers who operate in the list below kinds of services:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– healthcare facilities and assisted living home;.

– 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 company or the games part of a casino if the games tables are open around the clock).

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

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 off work with public holiday pay;.
or.

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

The company picks which of these options will apply.

Note that the employer’s capability to require workers to deal with a public vacation goes through the staff member’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the worker’s employment agreement. Note likewise that certain retail workers who work in constant operations (for example, a 24-hour convenience shop) deserve to decline to work on a public holiday because of the special rules that use to some retail workers. See the “Retail employees” chapter of this guide to learn more.

An employee in the previously listed companies who is needed to deal with a public holiday that falls on their normal working day however fails to do so, with sensible cause, is entitled to:

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

– public vacation spend for the vacation.

The employer chooses which alternative will apply.

An employee in any of these services who is required to deal with a public holiday that falls on their common working day but who fails, with sensible cause, to work some of the hours they were required to deal with the holiday is entitled to either:

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

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

The employer picks which option will use.

A staff member in any of these organizations who is required to deal with a public vacation that falls on their ordinary working day however who fails, without affordable cause, to work part or all of the general public vacation is just entitled to get superior spend for each hour worked on the holiday (if any). The employee has no right to public vacation pay or an alternative day of rest work.

Overtime calculations when an employee receives exceptional pay

Any hours dealt with a public vacation that are compensated with exceptional pay are not consisted of when identifying whether an employee has actually worked any overtime hours.

If work ends

Sometimes an employee’s job concerns an end before the worker can take an alternative vacation with public vacation pay that they have actually made. In this case, the employer needs to pay the worker’s public vacation pay at the exact same time it pays the worker’s last incomes. This is so despite the factor the task concerned an end, whether it is since the staff member gave up, was fired for great factor, or for some other factor.