Qualified Employees can Be Full Time

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

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

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

– be paid their routine salaries for all hours dealt with the public holiday and receive another replacement holiday for which they must be paid public vacation pay.

Some employees might be required to deal with a public holiday. (See « Special guidelines for certain markets » later on in this Chapter.) While the majority of employees are qualified for employment the general public vacation privilege, 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 rules apply, please describe the Guide to employment standards unique rules and exemptions.

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

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

Regular wages does not consist of any overtime pay, getaway pay, public holiday 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 give their staff members a vacation on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.

Performing both covered and exempt work

Some employees perform more than one type of work for a company. Some of this work might be covered by the public holiday part of the ESA, while another sort of work may be exempt from public vacation protection.

If an employee performs both sort of work, exempt and covered, they are eligible for the general public holiday privilege with respect to a particular public vacation if at least half of the work carried out in the work week of the general public holiday is work that is covered.

Rupert works for a taxi company as both a taxi cab chauffeur (work that is exempt from public vacation coverage) and a dispatcher (work that is covered by the public holiday 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 holiday privilege for Canada Day.

Receiving public privileges

Generally, staff members receive the general public holiday privilege unless they:

– stop working without sensible cause to work all of their last routinely arranged day of work before the general public holiday or all of their very first frequently set up day of work after the public vacation (this is called the « Last and First Rule »);.
or.

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

Note: Most workers who fail to certify for the public vacation privilege are still entitled to be paid exceptional pay for every hour they deal with the holiday.

Qualified employees can be full-time, part-time, long-term or on term contract. It does not matter how recently they were worked with, or the number of days they worked before the general public vacation.

The « last and first guideline »

The « last routinely arranged day of work before the public vacation » and the « very first regularly set up day of work after the public holiday » do not need 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 staff member works all of their last routinely arranged 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 qualifying requirement.

Reasonable cause

A worker is typically considered to have « sensible cause » for missing work when something beyond their control prevents the worker from working. Employees are accountable for revealing that they had sensible cause for keeping away from work. If they can do so, they still certify for public holiday privileges.

How the last and very first rule works

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

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 regularly works Monday to Thursday. Lev has actually asked his employer for permission to remove the Thursday before the public vacation because he has a personal consultation. His company agrees. Lev’s last routinely scheduled work day before the vacation 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 receives the paid public holiday.

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s office is closed for the vacation. Doris typically 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 holiday. The employer concurs. Doris’s frequently scheduled 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 failing 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 getaway from June 25 to July 9. If George works all of his last routinely scheduled shift before his getaway and very first routinely scheduled shift after his trip – on June 24 and July 10 – or has reasonable cause for stopping working to do so, he will certify for the paid public holiday.

Example: When an employee is on a leave or layoff

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

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

Public holiday pay

The amount of public vacation pay to which a staff member is entitled is all of the regular incomes earned by the staff member in the 4 work weeks before the work week with the public vacation plus all of the vacation pay payable to the employee with regard to the 4 work weeks before the work week with the general public vacation, divided by 20.

When to include holiday pay in the estimation of public holiday pay

The amount of getaway pay payable to consist of in the calculation of public holiday pay depends on whether the staff member is on getaway at any time throughout the 4 work weeks prior to the general public vacation, and the manner in which the employee is to be paid trip pay. Please describe the Vacation chapter for information on the various methods holiday pay can be paid.

Vacation pay payable

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

If the employee is to be paid getaway pay with every pay cheque the amount of getaway pay to consist of in the estimation of public holiday pay will be at least 4 per cent of all of the employee’s wages earned during the four work week period. (Note that if a worker makes a greater percentage of vacation pay, such as six percent of earnings, then the « trip pay payable » will be based upon that greater portion.)

If an employee is to receive their vacation pay in a lump sum on a certain date or dates, vacation pay will be consisted of in the calculation of public holiday pay only if that date or dates falls throughout the pertinent four work week period.

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

The 4 weeks before the public holiday is based on the company’s work week and is not necessarily 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 four work weeks used to compute public vacation pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the employer’s work week) before the work week in which the public vacation falls.

– Week 1: Thursday, November 22 – Wednesday, November 28

– Week 2: Thursday, November 29 – Wednesday, December 5

– Week 3: Thursday, December 6 – Wednesday, December 12

– Week 4: Thursday, December 13 – Wednesday, December 19

Public holiday: Tuesday, December 25

In this example, the routine salaries earned by the worker and the getaway pay payable to the worker with respect to the four work weeks from November 22 to December 19 are used in the calculation of public holiday pay.

Calculating public vacation pay

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

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

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

3. Total her total earnings earned and holiday 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 five days a week and earns $160 a day. He was on getaway for 2 of the 4 weeks before the public holiday. He receives getaway pay before he takes his holiday. He is paid $1,600 holiday spend for his 2 weeks of holiday. Brock worked his last frequently set up work day before the public vacation and his first regularly arranged work day after the vacation.

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

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

3. Add together his total earnings earned and getaway payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

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

Tegan works 3 days a week and makes $120 a day. She worked her last routinely arranged work day before the general public holiday and her first frequently set up day after the holiday. She and her employer have actually concurred in writing that she will get 4 percent holiday pay on each paycheque.

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

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

3. Add together her regular earnings made and holiday 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 holiday pay.

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

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

1. Bertie’s regular incomes earned 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 routine earnings earned and holiday 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 normally works five days a week, making $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 wages or trip pay. She received maternity and adult gain from the federal Employment Insurance program, however these advantages are ruled out « salaries. »

Zoe is entitled to get public vacation spend for the general public vacations that fall during her leave as long as she works her last frequently scheduled day before her leave and her first frequently scheduled day after her leave, or has reasonable cause for stopping working 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 vacation. Her public vacation pay for Canada Day is:

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

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

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

Her public vacation spend for the rest of the public vacations that fall throughout her leave will be $0. This is because she will not have made any earnings or vacation pay on any of the days throughout the 4 work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene normally works 5 days a week, making $100 a day. He was positioned on short-term layoff on November 15. During his layoff, Eugene was not paid wages or getaway pay. He received work insurance benefits during this time, but 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 arranged day after the layoff, or has affordable cause for failing to do so.

However, because Eugene did not earn any incomes or trip pay in the 4 work weeks before those two 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 worker’s regular rate of pay. If a worker is entitled to get premium pay for work on a public holiday, they must be paid 1 1/2 times their regular rate of pay for each hour worked.

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

Substitute vacation

A replacement holiday is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public holiday spend for a substitute vacation.

A substitute vacation should be arranged for a day that is no later than 3 months after the general public holiday for which it was made, or, if the worker has actually concurred electronically or in composing, the alternative day of rest can be arranged up to 12 months after the general public holiday.

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

Entitlements for public holidays

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 vacation. The different entitlements are set out listed below.

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

Most employees can get the general public vacation off and get paid public vacation pay. (Some workers might be needed to deal with a public holiday. See « Special guidelines for particular industries » later in this chapter.)

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

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

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

– public vacation spend for the general public vacation, if the employee concurs to this electronically or in composing (in this case, the employee will not be given an alternative day off).

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

Most staff members can get the general public holiday off and get paid public vacation pay. However, if a worker agrees electronically or in writing to deal with the public holiday, there are 2 options:

– the staff member is entitled to receive regular salaries for all hours dealt with the public holiday, plus a substitute day off deal with public holiday pay;.
or.

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

Example: Calculating public holiday pay plus premium pay

A public holiday falls on among John-Duncan’s regular working days. He and his employer have agreed electronically or in writing that he will work on the general public holiday and that, rather of getting a substitute holiday, he will be paid public vacation pay plus premium pay for all the hours he deals with 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 four work weeks before the general public vacation. He works eight hours on the general public holiday. He receives his vacation pay when his trip is taken. He was not on getaway throughout the four work weeks leading up to the general public vacation

Step 1: determine public vacation pay:

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

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

3. Add together his total wages 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 privilege is $160.

Step 2: calculate premium pay

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

When a staff member consents to work on a public vacation however stops working to do so

If a worker has actually agreed electronically or in writing to work on the 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 a substitute day off with pay.

However, if the worker has reasonable cause for not working the public vacation, then entitlements will depend upon which of the two options below the worker chose in exchange for consenting to deal with the general public holiday:

– if the worker had actually concurred electronically or in composing to deal with the general public holiday for regular salaries plus an alternative day off with public holiday pay, the employee is entitled to a substitute day off deal with public vacation pay;.
or.

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

When a staff member works just a few of the hours they concurred to work on a public vacation

If an employee has actually agreed electronically or in writing to deal with the public vacation but works only some of the hours they concurred to work, and does not have affordable cause for failing to work all of the hours, the staff member is just entitled to get superior pay for each hour worked on the vacation. The worker has no right to public holiday pay or an alternative day of rest work.

Example: A typical case

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

However, if the staff member has reasonable cause for working just a few of the hours they concurred to deal with the general public vacation, then:

– the staff member is entitled to their routine rate for all the hours worked plus a substitute day off work with public holiday pay;.
or.

– if the staff member had agreed digitally or in composing 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 spend for every hour worked on the vacation.

Special guidelines for specific markets

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

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– healthcare facilities and assisted living home;.

– continuous operations (which are operations, or parts of operations, that do not stop or close more than once a week – such as an oil refinery, alarm-monitoring company or the games part of a casino if the games tables are open all the time).

A staff member who works in any of these companies can be needed to deal with a public holiday without their contract, however just if the vacation falls on a day that the employee would typically work and the employee is not on vacation.

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

– their routine rate for the hours worked on the public vacation, plus a substitute day of rest work with public vacation pay;.
or.

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

The employer selects which of these options will use.

Note that the employer’s ability to require workers to deal with a public vacation goes through the worker’s right to take a day of rest for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee’s employment agreement. Note likewise that certain retail workers who operate in continuous operations (for instance, a 24-hour corner store) deserve to refuse to work on a public holiday due to the fact that of the unique rules that apply to some retail employees. See the « Retail employees » chapter of this guide for additional information.

A worker in the previously noted organizations who is required to deal with a public holiday that falls on their normal working day however fails to do so, with reasonable cause, is entitled to:

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

– public vacation pay for employment the holiday.

The employer selects which alternative will apply.

A worker in any of these organizations who is needed to work on a public vacation that falls on their normal working day however who stops working, with affordable cause, to work some of the hours they were needed to deal with the vacation is entitled to either:

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

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

The company chooses which choice will apply.

A staff member in any of these businesses who is needed to work on a public vacation that falls on their ordinary working day but who fails, without reasonable cause, to work part or all of the public vacation is just entitled to receive premium pay for each hour dealt with the holiday (if any). The worker has no right to public holiday pay or a substitute day of rest work.

Overtime calculations when a staff member gets superior pay

Any hours dealt with a public holiday that are compensated with premium pay are not consisted of when identifying whether a staff member has worked any overtime hours.

If work ends

Sometimes a worker’s job comes to an end before the worker can take an alternative vacation with public vacation pay that they have earned. In this case, the company needs to pay the employee’s public vacation pay at the exact same time it pays the employee’s last earnings. This is so regardless of the factor the job came to an end, whether it is due to the fact that the employee quit, was fired for excellent reason, or for some other reason.