Qualified Employees can Be Full Time

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

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

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

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

Some staff members may be required to deal with a public vacation. (See “Special rules for particular industries” later in this Chapter.) While the majority of workers are eligible for the public holiday privilege, some workers work in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To determine whether a job is covered, employment or if special guidelines apply, please refer to the Guide to work standards special guidelines and exemptions.

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

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

Regular incomes does not consist of any overtime pay, holiday pay, public holiday pay, premium pay, domestic or sexual violence leave pay, employment termination pay, discontinuance wage or termination of task pay payable to a worker.

While some companies offer their employees a vacation 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 employment exempt work

Some staff members perform more than one type of work for an employer. Some of this work might be covered by the public holiday part of the ESA, while another type of work may be exempt from public holiday protection.

If a worker carries out both sort of work, exempt and covered, they are qualified for the general public vacation entitlement with regard to a particular public vacation if at least half of the work performed 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 holiday protection) 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 public holiday privilege for Canada Day.

Receiving public vacation privileges

Generally, workers certify for the general public holiday entitlement unless they:

– stop working without sensible cause to work all of their last frequently set up day of work before the public vacation or all of their first frequently arranged 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 public vacation if they consented to or were required to work that day.

Note: Most employees who stop working to receive the public holiday entitlement are still entitled to be paid premium spend for every hour they work on the vacation.

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

The “last and first rule”

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

For example, an employee may not be scheduled to work the day right before or after the vacation. As long as the employee works all of their last routinely scheduled shift before the holiday and all of the first one after it, or has affordable cause for not working either of those days, they fulfill this certifying requirement.

Reasonable cause

An employee is typically thought about to have “reasonable cause” for missing work when something beyond their control avoids the worker from working. Employees are responsible for revealing that they had sensible cause for remaining away from work. If they can do so, they still receive public vacation privileges.

How the last and first guideline 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 vacation and the Tuesday after the holiday, or has reasonable cause for stopping working to work either of those days, she qualifies to be spent for the vacation.

Example: When an employee takes a day off

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev regularly works Monday to Thursday. Lev has asked his employer for authorization to remove the Thursday before the general public holiday because he has an individual visit. His company agrees. Lev’s last regularly set up work day before the vacation is now thought about 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 gets approved for the paid public vacation.

Example: When a staff member leaves early

A public vacation falls on a Friday, and Doris’s work environment 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 public holiday. The employer concurs. Doris’s regularly arranged shift on the Thursday before the general 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 9 a.m. to 5 p.m. on the following Monday, or has reasonable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When an employee 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 holiday and very first frequently scheduled shift after his vacation – on June 24 and July 10 – or has affordable cause for failing to do so, he will qualify for the paid public vacation.

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation takes place. If Lydia works her last routinely set up day of work before her leave, and her first regularly arranged day of work after her leave, or has affordable cause for failing 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 workplace is closed for the holiday. Ellen does not deal with her last scheduled day before the holiday, and she does not have affordable cause for missing that day. She receives no spend for the holiday.

Public holiday pay

The quantity of public vacation pay to which a worker is entitled is all of the routine wages earned by the employee in the four work weeks before the work week with the general public vacation plus all of the holiday pay payable to the staff member with regard to the four work weeks before the work week with the public vacation, divided by 20.

When to include getaway pay in the estimation of public vacation pay

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

Vacation pay payable

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

If the staff member is to be paid trip pay with every pay cheque the quantity of trip pay to consist of in the computation of public holiday pay will be at least 4 per cent of all of the employee’s wages made during the 4 work week period. (Note that if a worker makes a greater portion of getaway pay, such as six per cent of wages, then the “trip pay payable” will be based upon that higher percentage.)

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

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

The 4 weeks before the general public holiday 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 utilized to calculate public holiday pay are those four weeks counting backwards from the very first Wednesday (the last day of the employer’s work week) before the work week in which the 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 vacation: Tuesday, December 25

In this example, the routine wages earned by the staff member and the trip pay payable to the worker with regard to the four work weeks from November 22 to December 19 are utilized in the computation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Add together her overall earnings made and getaway 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 vacation time is included

Brock works five days a week and earns $160 a day. He was on vacation for 2 of the 4 weeks before the general public vacation. He gets holiday pay before he takes his trip. He is paid $1,600 trip pay for his 2 weeks of holiday. Brock worked his last regularly set up work day before the public vacation and his very first routinely set up work day after the vacation.

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

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

3. Total his total incomes earned and trip 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 a worker 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 regularly scheduled work day before the general public vacation and her very first regularly arranged day after the vacation. She and her employer have actually concurred in composing that she will get four percent vacation pay on each paycheque.

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

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

3. Add together her regular earnings earned and vacation pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

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

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

Bertie does not work a set number of hours daily or days per week. 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 get 4 per cent trip pay on each pay cheque.

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

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

3. Add together her regular wages earned 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 generally works five days a week, earning $120 a day. She receives vacation pay before she goes on trip. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid salaries or vacation pay. She got maternity and adult gain from the federal Employment Insurance program, but these advantages 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 regularly scheduled day before her leave and her very first frequently arranged day after her leave, or has affordable cause for failing to do so.

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

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

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

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

Her public holiday pay for the remainder 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 holiday pay on any of the days during the 4 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 positioned on short-term layoff on November 15. During his layoff, Eugene was not paid salaries or vacation pay. He received employment insurance benefits during this time, however these benefits are ruled out “wages.”

Eugene was recalled to work on December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last frequently scheduled day before the layoff and his very first regularly set up day after the layoff, or has sensible cause for stopping working to do so.

However, since Eugene did not make any earnings or trip pay in the four work weeks before those 2 public vacations, the amount of public vacation 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 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 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 replace a public holiday. Employees are entitled to be paid public vacation spend for a substitute vacation.

An alternative holiday should be arranged for a day that is no behind three months after the public vacation for which it was made, or, if the staff member has agreed digitally or in writing, the alternative day of rest can be scheduled as much as 12 months after the public vacation.

If a worker gets an alternative vacation, the employer must offer the staff member with a written declaration that sets out the general public vacation that is being substituted, the date of the replacement vacation, and the date that the declaration was offered to the employee. This declaration needs to be supplied to the employee before the public holiday.

Entitlements for public vacations

Entitlements for public holidays differ depending on such things as whether the holiday falls on a working day or a non-working day and whether the staff member deals with the holiday. The various entitlements are set out listed below.

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

Most workers have the right to get the public vacation off and make money public vacation pay. (Some workers may be needed to work on a public vacation. See “Special rules for specific markets” later on in this chapter.)

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

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

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

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

When a staff member who receives the day of rest has agreed electronically or in writing to work on a public vacation

Most employees have the right to get the general public holiday off and get paid public vacation pay. However, if a worker agrees digitally or in writing to work on the general public holiday, there are 2 options:

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

– if the worker concurs digitally or in writing, they are entitled to public holiday spend for the general public vacation plus premium spend for all hours worked on the general public holiday. In this case, the staff member will not be given a substitute day off.

Example: Calculating public vacation pay plus premium pay

A public vacation falls on among John-Duncan’s typical working days. He and his company have actually agreed digitally or in writing that he will work on the general public vacation which, instead of getting a replacement vacation, he will be paid public holiday pay plus premium pay for all the hours he works on the holiday.

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

Step 1: calculate public holiday pay:

1. Calculate John-Duncan’s overall routine wages earned in the 4 work weeks before the public holiday:
8 hours each day X $20 per hour = $160 each day
$ 160 per 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 vacation.

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

3. Add together his overall earnings made and getaway pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: determine premium pay

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

When a staff member accepts deal with a public vacation but stops working to do so

If a staff member has concurred electronically or in writing to deal with the general public vacation but does refrain from doing so – and does not have sensible cause for not having actually done so – the worker has no right to public vacation pay or to an alternative day of rest with pay.

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

– if the employee had agreed digitally or in writing to deal with the general public holiday for employment routine earnings plus an alternative day of rest with public holiday pay, the staff member is entitled to an alternative day off deal with public vacation pay;.
or.

– if the staff member had actually agreed digitally or in writing to deal with the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the holiday. The employee is not entitled to get any exceptional pay due to the fact that they did not carry out any deal with the holiday.

When an employee works only a few of the hours they agreed to work on a public holiday

If a worker has actually agreed electronically or in writing to deal with the public holiday however works only a few of the hours they concurred to work, and employment does not have affordable cause for failing to work all of the hours, the employee is only entitled to get exceptional spend for each hour dealt with the vacation. The worker has no right to public vacation pay or an alternative day of rest work.

Example: A normal case

Trudi had actually concurred in writing that she would work 8 hours on Canada Day but she just worked 4 hours and did not have sensible cause for stopping working to work the other four hours. Trudi is entitled only to premium spend for the 4 hours she worked on the holiday. She is not entitled to public holiday pay or to a substitute day of rest work.

However, if the staff member has affordable cause for working just a few of the hours they accepted work on the public vacation, then:

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

– if the employee had concurred digitally or in writing to work on the public vacation 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 dealt with the holiday.

Special guidelines for particular industries

Special guidelines use to staff members who work in the following kinds of companies:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– health centers and assisted living home;.

– constant 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).

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

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

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

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

The employer selects which of these alternatives will use.

Note that the company’s capability to need workers to work on a public holiday is subject to the employee’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the worker’s employment contract. Note likewise that particular retail workers who work in constant operations (for example, a 24-hour corner store) deserve to refuse to work on a public vacation because of the unique rules that use to some retail employees. See the “Retail workers” chapter of this guide to find out more.

An employee in the formerly noted organizations who is required to deal with a public holiday that falls on their common working day but stops working to do so, with affordable cause, is entitled to:

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

– public holiday spend for the vacation.

The company chooses which choice will apply.

A staff member in any of these companies who is needed to work on a public vacation that falls on their normal working day however who fails, with sensible cause, to work some of the hours they were required to work on the holiday is entitled to either:

– their routine rate for each hour dealt with the vacation plus a replacement vacation with public vacation pay;.
or.

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

The employer selects which alternative will apply.

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

Overtime computations when an employee gets premium pay

Any hours dealt with a public holiday that are compensated with exceptional pay are not included when figuring out whether a staff member has actually worked any overtime hours.

If work ends

Sometimes a staff member’s job concerns an end before the staff member can take a substitute vacation with public vacation pay that they have earned. In this case, the company must pay the worker’s public vacation pay at the exact same time it pays the staff member’s final earnings. This is so regardless of the reason the job pertained to an end, whether it is since the employee stopped, was fired for excellent reason, or for some other reason.