Overview

  • Posted Jobs 0
  • Viewed 2

Company Description

Qualified Employees can Be Full-time

Most staff members who qualify are entitled to take these days off work and be paid public holiday pay.

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

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

– be paid their routine incomes for all hours dealt with the public holiday and get another alternative vacation for which they must be paid public holiday pay.

Some workers might be required to work on a public vacation. (See “Special rules for specific markets” later in this Chapter.) While a lot of staff members are eligible for the general public vacation entitlement, some employees work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if unique rules apply, please refer to the Guide to employment requirements special rules and exemptions.

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

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

Regular earnings does not include 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 staff member.

While some employers provide their employees a holiday on Easter Sunday, Easter Monday, the 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 kind of work for a company. Some of this work may be covered by the public holiday part of the ESA, while another kind of work may be exempt from public holiday coverage.

If an employee performs both type of work, exempt and covered, they are qualified for the public holiday privilege with respect to a particular public vacation if a minimum of half of the work carried out in the work week of the public holiday 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 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 vacation part of the ESA, he is eligible for the general public vacation privilege for Canada Day.

Getting approved for public vacation entitlements

Generally, workers get approved for the general public vacation entitlement unless they:

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

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

Note: Most employees who fail to get approved for the general public holiday entitlement are still entitled to be paid superior spend for every hour they deal with the holiday.

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

The “last and very first guideline”

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

For instance, an employee might not be set up to work the day right before or after the holiday. As long as the employee works all of their last regularly set up shift before the vacation and all of the first one after it, or has reasonable cause for not working either of those days, they meet this certifying requirement.

Reasonable cause

A staff member is generally considered to have “reasonable cause” for missing work when something beyond their control prevents the employee from working. Employees are responsible for showing that they had reasonable cause for keeping away from work. If they can do so, they still certify for public vacation privileges.

How the last and very first guideline works

Rosie’s routine work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace shuts down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the holiday, or has reasonable cause for failing to work either of those days, she certifies to be spent for the vacation.

Example: When an employee takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his employer for authorization to take off the Thursday before the general public holiday because he has an individual consultation. His company concurs. Lev’s last routinely set up work day before the holiday is now considered to be on the Wednesday.

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

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris’s office is closed for the holiday. Doris usually 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 general public vacation. The employer concurs. Doris’s routinely set up shift on the Thursday before the general public holiday 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 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 holiday

Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last frequently set up shift before his holiday and very first regularly arranged shift after his getaway – 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 vacation happens. If Lydia works her last frequently scheduled day of work before her leave, and her very first frequently set up day of work after her leave, or has affordable cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no affordable cause

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

Public vacation pay

The quantity of public holiday 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 trip pay payable to the staff member with regard to the four work weeks before the work week with the general public vacation, divided by 20.

When to consist of getaway pay in the calculation of public holiday pay

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

Vacation pay payable

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

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

If a staff member is to get their getaway 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 during the appropriate four work week period.

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

The four weeks before the public holiday is based on the company’s work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week ranges 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 general public holiday 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 earnings earned by the employee and the holiday pay payable to the staff member with respect 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 set up work day before the public vacation and her very first frequently arranged day after the vacation. She gets her getaway pay when her trip is taken. She was not on vacation throughout the 4 work weeks leading up to the general public vacation.

1. Calculate Iryna’s overall routine incomes 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 incomes in the 4 work weeks before the general public vacation.

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

3. Total her total salaries 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 vacation pay.

Example: When holiday time is included

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

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

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

3. Total his overall incomes made and vacation 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 3 days a week and earns $120 a day. She worked her last regularly arranged work day before the general public vacation and her very first regularly scheduled day after the vacation. She and her company have actually concurred in writing that she will get 4 percent holiday pay on each paycheque.

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

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

3. Add together her regular wages made 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 vacation pay.

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

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

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

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

3. Total 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 holiday pay.

Example: When an employee is on a leave

Zoe usually works five days a week, making $120 a day. She receives vacation pay before she goes on vacation. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid incomes or trip pay. She received maternity and adult advantages from the federal Employment Insurance program, however these benefits are not considered “incomes.”

Zoe is entitled to receive public holiday pay for the general public holidays that fall throughout her leave as long as she works her last routinely set up day before her leave and her first frequently arranged day after her leave, or has sensible cause for stopping working to do so.

Zoe went on leave on June 10 and just worked 7 days during the 4 work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is:

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

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

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

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

Example: When a worker is on a layoff

Eugene typically works 5 days a week, earning $100 a day. He was positioned on short-term layoff on November 15. During his layoff, Eugene was not paid salaries or trip pay. He received employment insurance coverage advantages throughout this time, however these benefits are not considered “earnings.”

Eugene was remembered to deal with December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last routinely arranged day before the layoff and his very first routinely scheduled day after the layoff, or has reasonable cause for failing to do so.

However, due to the fact that Eugene did not make any incomes or trip pay in the four work weeks before those 2 public holidays, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times an employee’s routine rate of pay. If a staff member is entitled to receive superior pay for work on a public vacation, they should 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 holiday is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public vacation spend for a substitute holiday.

A substitute holiday should be set up for a day that is no later than three months after the general public vacation for referall.us which it was made, or, if the employee has agreed digitally or in composing, the alternative day off can be arranged up to 12 months after the public vacation.

If a staff member gets a replacement holiday, the company needs to offer the employee with a composed statement that sets out the public holiday that is being replaced, the date of the alternative vacation, and the date that the statement was offered to the staff member. This statement should be offered to the staff member before the public vacation.

Entitlements for public vacations

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

When a public vacation falls on a working day but the worker does not work

Most employees have the right to get the public vacation off and get paid public vacation pay. (Some staff members might be needed to work on a public vacation. See “Special guidelines for specific markets” later in this chapter.)

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

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

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

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

When a worker who gets approved for the day off has concurred electronically or in composing to work on a public vacation

Most staff members have the right to get the general public vacation off and get paid public vacation pay. However, if a worker agrees digitally or in composing to deal with the public vacation, there are 2 alternatives:

– the staff member is entitled to receive regular wages for all hours dealt with the general public vacation, plus an alternative day of rest work with public holiday pay;.
or.

– if the worker concurs digitally or in composing, they are entitled to public vacation pay for the general public vacation plus premium pay for all hours worked on the public vacation. In this case, the staff member will not be given an alternative 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 employer have actually agreed electronically or in composing that he will work on the public holiday which, instead of getting a substitute 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, five days a week. His regular hourly pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public vacation. He works 8 hours on the general public vacation. He gets his trip pay when his vacation is taken. He was not on getaway throughout the four work weeks leading up to the public holiday

Step 1: compute public holiday pay:

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

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

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

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

Step 2: compute premium pay

Finally, the premium pay owing to John-Duncan for his work on the general 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 exceptional pay of $240, for a total of $400.

When an employee agrees to deal with a public vacation however fails to do so

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

However, if the worker has reasonable cause for not working the public holiday, then entitlements will depend upon which of the two choices below the staff member selected in exchange for consenting to work on the public holiday:

– if the staff member had agreed digitally or in writing to work on the public holiday for regular earnings plus an alternative day off with public holiday pay, the worker is entitled to a day off work with public holiday pay;.
or.

– if the staff member had agreed digitally or in composing to work on the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the vacation. The employee is not entitled to get any premium pay since they did not perform any work on the vacation.

When a staff member works only a few of the hours they consented to deal with a public holiday

If an employee has actually agreed electronically or in writing to work on the general public holiday but works just 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 get premium pay for each hour worked on the holiday. The staff member has no right to public holiday pay or an alternative day of rest work.

Example: A common case

Trudi had actually agreed in composing that she would work 8 hours on Canada Day however she only worked 4 hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled just to premium pay for the four hours she dealt with the holiday. She is not entitled to public vacation pay or to an alternative day off work.

However, if the worker has affordable cause for working only some of the hours they accepted work on the general public vacation, then:

– the employee is entitled to their regular rate for all the hours worked plus an alternative day off deal with public holiday pay;.
or.

– if the worker had actually 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 holiday pay plus premium pay for every hour dealt with the vacation.

Special rules for certain markets

Special guidelines apply to workers who work in the following types of organizations:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– health centers 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 video games part of a casino if the video games tables are open all the time).

An employee who operates in any of these services can be needed to work on a public vacation without their agreement, but just if the vacation falls on a day that the staff member would generally work and the worker 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 vacation, plus an alternative day of rest deal with public vacation pay;.
or.

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

The company selects which of these choices will apply.

Note that the company’s ability to need employees to deal with a public holiday goes through the worker’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note also that specific retail workers who operate in constant operations (for instance, a 24-hour corner store) can decline to work on a public holiday due to the fact that of the special rules that use to some retail workers. See the “Retail employees” chapter of this guide for more details.

A staff member in the previously listed companies who is needed to work on a public vacation that falls on their normal working day but stops working to do so, with affordable cause, is entitled to:

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

– public holiday pay for the vacation.

The company chooses which option will use.

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

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

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

The company chooses which choice will apply.

A staff member in any of these organizations who is needed to work on a public holiday that falls on their common working day however who fails, without reasonable cause, to work part or all of the public vacation is only entitled to receive premium spend for each hour worked on the vacation (if any). The worker has no right to public holiday pay or an alternative day of rest work.

Overtime estimations when an employee receives superior pay

Any hours worked on a public vacation that are compensated with premium pay are not consisted of when figuring out whether an employee has worked any overtime hours.

If work ends

Sometimes a worker’s task concerns an end before the employee can take an alternative holiday with public vacation pay that they have made. In this case, the employer should pay the staff member’s public vacation pay at the very same time it pays the staff member’s last incomes. This is so regardless of the factor the task pertained to an end, whether it is because the employee gave up, was fired for good reason, or for some other factor.