Qualified Employees can Be Full-time

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

Alternatively, the staff member can agree electronically or in writing to work on the holiday and be paid:

– public holiday pay plus premium pay for all hours worked on the public holiday and not get another day of rest (called a « substitute » vacation);.
or.

– be paid their routine salaries for all hours dealt with the general public holiday and get another replacement vacation for which they need to be paid public holiday pay.

Some employees may be required to work on a public vacation. (See « Special guidelines for certain industries » later in this Chapter.) While most staff members are eligible for the public vacation entitlement, some workers work in tasks that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if special guidelines use, please refer to the Guide to employment standards unique guidelines and exemptions.

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

See « Public vacation pay » later on in this chapter.

Regular incomes does not consist of any overtime pay, vacation pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to a staff member.

While some companies provide their workers a vacation on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company 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. 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 holiday coverage.

If a staff member carries out both sort of work, exempt and covered, they are eligible for the public holiday privilege with regard to a particular public holiday if at least 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 driver (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, 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 eligible for the public holiday entitlement for Canada Day.

Getting approved for public vacation entitlements

Generally, employees get approved for the general public vacation privilege unless they:

– fail without sensible cause to work all of their last regularly scheduled day of work before the public vacation or all of their first regularly set up day of work after the general public vacation (this is called the « Last and First Rule »);.
or.

– fail without affordable 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 holiday entitlement are still entitled to be paid premium pay for every hour they deal with the vacation.

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

The « last and first rule »

The « last regularly scheduled day of work before the public holiday » and the « first routinely scheduled day of work after the public vacation » 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 vacation. As long as the worker works all of their last routinely set up shift before the holiday and all of the very first one after it, or has reasonable cause for not working either of those days, they fulfill this certifying criterion.

Reasonable cause

A worker is usually thought about to have « affordable cause » for missing out on work when something beyond their control prevents the staff member from working. Employees are accountable for showing that they had reasonable cause for remaining away from work. If they can do so, they still get approved for public holiday entitlements.

How the last and first guideline works

Rosie’s routine 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 vacation and the Tuesday after the holiday, or has reasonable cause for failing to work either of those days, she certifies to be spent for the holiday.

Example: When a staff member takes a day off

A public vacation falls on a Monday, and Lev’s workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for consent to take off the Thursday before the general public holiday since he has an individual appointment. His employer concurs. Lev’s last regularly arranged work day before the holiday is now considered to be on the Wednesday.

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

Example: When an employee leaves early

A public holiday falls on a Friday, and Doris’s 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 general public holiday. The employer agrees. Doris’s routinely arranged shift on the Thursday before the 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 sensible cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When a staff member is on getaway

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

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday takes place. If Lydia works her last regularly scheduled day of work before her leave, and her very first regularly set up day of work after her leave, or has sensible cause for failing 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 office is closed for the vacation. Ellen does not work on her last scheduled day before the vacation, and she does not have reasonable cause for missing out on that day. She gets no spend for the holiday.

Public vacation pay

The amount of public holiday pay to which a worker is entitled is all of the routine incomes made by the worker in the four work weeks before the work week with the public holiday plus all of the getaway pay payable to the employee with regard to the four work weeks before the work week with the public holiday, divided by 20.

When to consist of trip pay in the calculation of public vacation pay

The quantity of getaway pay payable to include in the calculation of public vacation pay depends on whether the staff member is on holiday at any time throughout the 4 work weeks prior to the general public holiday, and the manner in which the employee is to be paid vacation pay. Please refer to the Vacation chapter for details on the different ways holiday pay can be paid.

Vacation pay payable

If the staff member 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, vacation pay will be included in the estimation of public vacation pay if the worker was on trip throughout that four work week duration. If the staff member was not on getaway during that period, no vacation pay will be consisted of in the calculation.

If the staff member is to be paid vacation pay with every pay cheque the quantity of trip pay to consist of in the computation of public vacation pay will be at least 4 per cent of all of the employee’s incomes made during the 4 work week period. (Note that if a staff member earns a greater portion of vacation pay, such as 6 per cent of incomes, then the « holiday pay payable » will be based upon that higher portion.)

If an employee is to receive their holiday pay in a swelling sum on a specific date or dates, trip pay will be included in the estimation of public holiday pay just if that date or dates falls throughout the relevant 4 work week duration.

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

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

In this example, the routine earnings made by the staff member and the getaway pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public holiday pay.

Calculating public vacation pay

Iryna works 5 days a week and earns $120 a day. She worked her last regularly arranged work day before the public vacation and her first regularly arranged day after the holiday. She gets her trip pay when her getaway is taken. She was not on vacation during the four work weeks leading up to the public vacation.

1. Calculate Iryna’s total regular salaries made:
$ 120 daily X 5 days = $600 each week
$ 600 per week X 4 work weeks = $2,400.
Iryna earned $2,400 of regular incomes in the 4 work weeks before the public vacation.

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

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

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

Example: When getaway time is included

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

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

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

3. Combine his overall salaries earned 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 getaway pay

Tegan works three days a week and earns $120 a day. She worked her last routinely arranged work day before the public vacation and her first frequently scheduled day after the holiday. She and her employer have concurred in writing that she will get four percent vacation pay on each paycheque.

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

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

3. Combine her regular salaries made and employment trip 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 vacation pay.

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

Bertie does not work a set variety of hours daily or days each week. Her pay differs 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 holiday pay on each pay cheque.

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

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

3. Add together her regular salaries earned and vacation pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public holiday pay.

Example: When an employee is on a leave

Zoe generally works 5 days a week, earning $120 a day. She receives trip pay before she goes on getaway. 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 earnings or getaway pay. She got maternity and adult take advantage of the federal Employment Insurance program, but these benefits are ruled out « salaries. »

Zoe is entitled to get public holiday spend for the general public holidays that fall throughout her leave as long as she works her last frequently scheduled day before her leave and her very first regularly arranged day after her leave, or has reasonable cause for stopping working to do so.

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

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

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

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

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

Example: When a staff member is on a layoff

Eugene typically works five days a week, making $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid wages or getaway pay. He got employment insurance benefits during this time, but these benefits are not thought about « earnings. »

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

However, due to the fact that Eugene did not earn any earnings or trip pay in the 4 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 worker’s regular rate of pay. If an employee is entitled to receive superior pay for deal with a public holiday, they need to be paid 1 1/2 times their routine rate of pay for each hour worked.

For example, Nathan’s regular rate of pay is $20 an hour. This implies 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 vacation spend for an alternative vacation.

A substitute holiday should be scheduled for a day that is no behind 3 months after the general public holiday for which it was earned, or, if the worker has actually concurred digitally or in writing, the alternative day off can be scheduled as much as 12 months after the public holiday.

If a worker receives a substitute holiday, the company needs to offer the employee with a composed declaration that sets out the public holiday that is being substituted, the date of the alternative holiday, and the date that the declaration was offered to the worker. This declaration must be provided to the employee before the general public vacation.

Entitlements for public holidays

Entitlements for public vacations vary depending upon such things as whether the vacation falls on a working day or a non-working day and whether the staff member works on the vacation. The various privileges are set out listed below.

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

Most staff members have the right to get the public holiday off and earn money public vacation pay. (Some workers might be needed to deal with a public vacation. See « Special rules for particular markets » later in this chapter.)

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

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

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

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

When a staff member who receives the day of rest has agreed digitally or in to work on a public holiday

Most staff members have the right to get the public vacation off and get paid public holiday pay. However, if an employee concurs electronically or in composing to work on the general public holiday, there are 2 alternatives:

– the employee is entitled to get regular wages for all hours worked on the public holiday, plus an alternative day off work with public holiday pay;.
or.

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

Example: Calculating public holiday pay plus premium pay

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

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

Step 1: calculate public vacation pay:

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

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

3. Total his overall wages made and trip pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: compute superior pay

Finally, the premium pay owing to John-Duncan for his deal with the public vacation 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 entitlement is $240.

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

When an employee agrees to deal with a public holiday but stops working to do so

If an employee has actually concurred electronically or employment in composing to deal with the general public holiday but does refrain from doing so – and does not have affordable cause for not having done so – the employee has no right to public vacation 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 upon which of the two options listed below the employee picked in exchange for accepting work on the public vacation:

– if the staff member had actually agreed electronically or in writing to work on the public vacation for regular earnings plus an alternative day of rest with public vacation pay, the employee is entitled to a substitute day off deal with public vacation pay;.
or.

– if the worker had actually agreed digitally or in composing to work on the general public holiday for public vacation pay plus premium spend 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 because they did not carry out any deal with the holiday.

When an employee works only a few 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 holiday however works only a few of the hours they consented to work, and does not have affordable cause for stopping working to work all of the hours, the employee is just entitled to get exceptional spend for each hour worked on the holiday. The staff member has no right to public vacation pay or a substitute day of rest work.

Example: A normal case

Trudi had actually concurred in writing that she would work 8 hours on Canada Day however she only worked four hours and did not have affordable cause for stopping working to work the other four hours. Trudi is entitled just to premium spend for the four hours she worked on the vacation. She is not entitled to public vacation pay or to a substitute day off work.

However, if the worker has sensible cause for working only some of the hours they consented to 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 off work with public holiday pay;.
or.

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

Special guidelines for particular industries

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

– hotels, motels and traveler resorts;.

– dining establishments and taverns;.

– health centers and retirement home;.

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

A worker who works in any of these companies can be required to work on a public holiday without their agreement, however only if the holiday falls on a day that the staff member would usually work and the worker is not on holiday.

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

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

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

The company selects which of these alternatives will apply.

Note that the employer’s capability to require employees to work on a public holiday is subject to the staff member’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 staff member’s work contract. Note also that particular retail workers who work in continuous operations (for example, a 24-hour corner store) have the right to refuse to work on a public holiday since of the special guidelines that apply to some retail employees. See the « Retail workers » chapter of this guide to learn more.

An employee in the formerly listed organizations who is needed to work on a public holiday that falls on their regular working day but fails to do so, with reasonable cause, is entitled to:

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

– public vacation spend for the holiday.

The employer selects which option will apply.

An employee in any of these services who is required to deal with a public vacation that falls on their regular working day however who stops working, with affordable cause, to work some of the hours they were needed to work on the vacation is entitled to either:

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

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

The company selects which alternative will apply.

A worker in any of these services 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 public vacation is just entitled to get exceptional spend for each hour dealt with the holiday (if any). The worker has no right to public holiday pay or an alternative day of rest work.

Overtime computations when a staff member gets exceptional pay

Any hours worked on a public vacation that are compensated with premium pay are not consisted of when determining whether a staff member has worked any overtime hours.

If work ends

Sometimes a worker’s task pertains to an end before the worker can take an alternative holiday with public holiday pay that they have actually earned. 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 earnings. This is so despite the reason the task concerned an end, whether it is since the staff member stopped, was fired for good factor, or for some other factor.