Qualified Employees can Be Full-time
Most employees who certify are entitled to take nowadays off work and be paid public holiday pay.
Alternatively, the employee can concur digitally or in writing to work on the vacation and be paid:
– public vacation pay plus premium pay for all hours dealt with the public holiday and not receive another day off (called a « alternative » holiday);.
or.
– be paid their routine salaries for all hours worked on the public vacation and receive another alternative holiday for which they must be paid public holiday pay.
Some employees may be needed to work on a public vacation. (See « Special guidelines for specific industries » later on in this Chapter.) While the majority of workers are qualified for the general public holiday privilege, some staff members operate in tasks that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To identify whether a task is covered, or if special rules use, please describe the Guide to employment standards special rules and exemptions.
Use the Employment Standards Self-Service Tool to check compliance with public vacations and other employment standards privileges.
See « Public holiday pay » later in this chapter.
Regular incomes does not consist of any overtime pay, trip pay, public holiday 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 employers 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 staff members carry out 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 type of work might be exempt from public holiday coverage.
If a staff member performs both sort of work, exempt and covered, they are eligible for the general public vacation entitlement with regard to a specific public vacation if a minimum of half of the work performed in the work week of the general public holiday is work that is covered.
Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public holiday protection) 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 holiday part of the ESA, he is eligible for the general public holiday privilege for Canada Day.
Getting approved for public holiday privileges
Generally, staff members get approved for the public holiday entitlement unless they:
– stop working without affordable cause to work all of their last regularly scheduled day of work before the public holiday or all of their very first regularly 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 entire shift on the public vacation if they consented to or were needed to work that day.
Note: Most workers who fail to certify for the public holiday entitlement are still entitled to be paid superior pay for every hour they work on the vacation.
Qualified staff members can be full-time, part-time, irreversible or on term agreement. It does not matter how just recently they were employed, or the number of days they worked before the public vacation.
The « last and first rule »
The « last frequently set up day of work before the public vacation » and the « very first frequently scheduled day of work after the general public vacation » do not need to be the days right previously and right after the holiday.
For example, a worker might not be arranged to work the day right before or employment after the vacation. As long as the worker works all of their last regularly set up shift before the vacation and all of the very first one after it, or has sensible cause for not working either of those days, they meet this certifying requirement.
Reasonable cause
An employee is generally thought about to have « reasonable cause » for missing work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had sensible cause for staying away from work. If they can do so, they still get approved for public vacation entitlements.
How the last and first guideline works
Rosie’s regular work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment 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 affordable cause for stopping working 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 workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for approval to remove the Thursday before the general public vacation because he has an individual appointment. His company agrees. Lev’s last frequently scheduled work day before the holiday is now thought about to be on the Wednesday.
If Lev works his entire Wednesday shift before the holiday and his whole Tuesday shift after the holiday, or has sensible cause for not working either of those days, he receives 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 vacation. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the public vacation. The employer agrees. Doris’s frequently set up 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 affordable cause for stopping working to do so, she is entitled to the paid public holiday.
Example: When a staff member is on holiday
Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last routinely scheduled shift before his holiday and very first regularly arranged shift after his getaway – on June 24 and July 10 – or has sensible 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 takes place. If Lydia works her last frequently set up day of work before her leave, and her first routinely set up day of work after her leave, or has sensible cause for stopping working to do so, she will be entitled to the paid public holiday.
Example: When there is no reasonable cause
A public vacation falls on a Monday, and Ellen’s workplace 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 that day. She receives no pay for the holiday.
Public vacation pay
The amount of public vacation pay to which a staff member is entitled is all of the regular wages made by the employee in the 4 work weeks before the work week with the general public holiday plus all of the getaway pay payable to the worker with regard to the four work weeks before the work week with the general public vacation, divided by 20.
When to include trip pay in the computation of public vacation pay
The quantity of vacation pay payable to consist of in the calculation of public vacation pay depends on whether the worker is on trip at any time throughout the 4 work weeks prior to the public vacation, and the manner in which the employee is to be paid holiday pay. Please describe the Vacation chapter for details on the different methods vacation pay can be paid.
Vacation pay payable
If the worker is to be paid their getaway pay before they take a getaway or on or before the pay day for the period in which the holiday falls, trip pay will be consisted of in the calculation of public vacation pay if the employee was on getaway during that 4 work week period. If the worker was not on vacation during that duration, no vacation pay will be consisted of in the computation.
If the worker is to be paid holiday pay with every pay cheque the amount of getaway pay to include in the estimation of public holiday pay will be at least 4 per cent of all of the staff member’s earnings made throughout the 4 work week duration. (Note that if a staff member earns a higher percentage of vacation pay, such as 6 per cent of salaries, then the « getaway pay payable » will be based upon that higher portion.)
If an employee is to get their trip pay in a lump sum on a certain date or dates, vacation pay will be consisted of in the estimation of public holiday pay just if that date or dates falls during the pertinent 4 work week period.
Calculating the 4 work week period before the work week with a public holiday
The 4 weeks before the public vacation is based upon the employer’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 4 work weeks used to determine 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 made by the worker and the getaway pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are utilized in the computation of public vacation pay.
Calculating public holiday pay
Iryna works five days a week and makes $120 a day. She worked her last frequently scheduled work day before the general public vacation and her first routinely arranged day after the holiday. She receives her getaway pay when her holiday is taken. She was not on holiday throughout the four work weeks leading up to the general public vacation.
1. Calculate Iryna’s overall regular incomes earned:
$ 120 daily X 5 days = $600 per week
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of routine earnings in the 4 work weeks before the public holiday.
2. Calculate the quantity of trip pay payable with respect to the 4 work week duration:.
Iryna gets her vacation pay when she takes her trip. Because she was not on holiday during the four work week period, the amount of getaway pay payable with respect to the four work weeks before the general public vacation = $0.
3. Total her overall incomes made and vacation 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 involved
Brock works five days a week and makes $160 a day. He was on trip for 2 of the four weeks before the general public vacation. He receives getaway pay before he takes his holiday. He is paid $1,600 holiday pay for his 2 weeks of getaway. Brock worked his last regularly arranged work day before the general public vacation and his very first routinely arranged work day after the holiday.
1. Calculate Brock’s total routine incomes earned:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.
2. Calculate the quantity of getaway pay:.
Brock was on holiday 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 amount of trip pay payable with respect to the 4 work weeks prior to the work week with the public holiday = $1,600.
3. Combine his total earnings earned and vacation 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 a worker works part-time and each pay cheque includes trip pay
Tegan works three days a week and earns $120 a day. She worked her last frequently set up work day before the public vacation and her very first routinely set up day after the vacation. She and her company have actually agreed in composing that she will receive 4 percent vacation pay on each paycheque.
1. Calculate Tegan’s regular incomes earned:.
$ 120 per day X 3 days = $360 each week.
$ 360 per week X 4 weeks = $1,440.
2. Calculate her getaway pay payable:.
$ 4.80 per day (4% of $120) X 3 days = $14.40 each week.
$ 14.40 per week X 4 weeks = $57.60.
3. Combine her routine incomes made and trip pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.
Result: Tegan is entitled to $74.88 public vacation pay.
Example: When there are no set hours and each pay cheque consists of getaway pay
Bertie does not work a set variety of hours each day or days per week. Her pay differs from week to week, according to the time she has worked. She and her employer have actually agreed in composing that she will receive four percent vacation pay on each pay cheque.
1. Bertie’s regular earnings earned throughout the four work weeks before the holiday are $1,500.
2. Calculate her trip pay payable:.
$ 1,500 X 4% = $60.
3. Add together her regular wages earned and employment 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 a worker is on a leave
Zoe usually works five days a week, making $120 a day. She receives getaway pay before she goes on holiday. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave.
During her leaves, she was not paid incomes or getaway pay. She received maternity and adult gain from the federal Employment Insurance program, however these benefits are ruled out « incomes. »
Zoe is entitled to receive public holiday pay for the public vacations that fall throughout her leave as long as she works her last frequently arranged day before her leave and her first regularly scheduled 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 four work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is:
– Regular wages made: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on holiday throughout the 4 work week duration).
– Public holiday pay: ($ 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 made any salaries or getaway pay on any of the days during the four work weeks before each of those holidays.
Example: When an employee is on a layoff
Eugene generally works five days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid salaries or vacation pay. He received employment insurance coverage benefits throughout this time, but these advantages are not thought about « earnings. »
Eugene was recalled to deal with December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last frequently arranged day before the layoff and his very first routinely scheduled day after the layoff, or has sensible cause for stopping working to do so.
However, due to the fact that Eugene did not earn any wages or vacation pay in the four work weeks before those two 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 regular rate of pay. If an employee is entitled to receive premium pay for deal with a public vacation, they need to be paid 1 1/2 times their routine rate of spend for each hour worked.
For instance, Nathan’s regular 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 vacation is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday pay for a replacement vacation.
A substitute holiday need to be arranged for a day that is no later than three months after the public vacation for which it was made, or, if the worker has actually concurred digitally or in composing, the substitute day off can be arranged as much as 12 months after the public holiday.
If a staff member receives a substitute holiday, the employer needs to provide the employee with a composed declaration that sets out the general public holiday that is being substituted, the date of the replacement vacation, and the date that the statement was provided to the employee. This declaration must be provided to the employee before the general public vacation.
Entitlements for public vacations
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 worker deals with the holiday. The different privileges 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 earn money public vacation pay. (Some workers might be needed to work on a public holiday. See « Special guidelines for particular industries » later on in this chapter.)
When a public vacation falls on a worker’s non-working day or during a staff member’s vacation
When a public vacation falls on a day that is not generally a working day for an employee, or during the worker’s getaway, the worker is entitled to either:
– a replacement holiday off with public holiday pay;.
or.
– public holiday pay for the public holiday, if the employee agrees to this electronically or in composing (in this case, the worker will not be given a substitute day off).
When a worker who qualifies for the day of rest has actually concurred electronically or in writing to deal with a public holiday
Most staff members have the right to get the general public vacation off and get paid public vacation pay. However, if a staff member concurs digitally or in composing to work on the general public vacation, there are two options:
– the employee is entitled to get routine wages for all hours worked on the general public vacation, plus a substitute day off deal with public holiday pay;.
or.
– if the staff member agrees electronically or in writing, they are entitled to public holiday pay for the public holiday plus premium spend for all hours worked on the public vacation. In this case, the worker will not be given an alternative day of rest.
Example: Calculating public holiday pay plus premium pay
A public vacation falls on one of John-Duncan’s regular working days. He and his employer have actually concurred digitally or in composing that he will deal with the public holiday which, instead of getting an alternative vacation, he will be paid public vacation pay plus premium pay for all the hours he works on the holiday.
John-Duncan routinely works 8 hours a day, five days a week. His routine per hour pay rate is $20. He has dealt with all his scheduled work days in the four work weeks before the public holiday. He works eight hours on the general public holiday. He receives his holiday pay when his trip is taken. He was not on vacation throughout the four work weeks leading up to the general public holiday
Step 1: compute public vacation pay:
1. Calculate John-Duncan’s overall routine salaries earned in the 4 work weeks before the general public vacation:
8 hours per day X $20 per hour = $160 per day
$ 160 daily X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the four work weeks before the public vacation.
2. Calculate the amount of vacation pay payable with respect to the 4 work week duration:.
John-Duncan receives his vacation pay when he takes his vacation. Because he was not on trip throughout the four work week duration, the quantity of vacation pay payable with respect to the 4 work weeks before the public vacation = $0.
3. Combine his total wages earned and holiday 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 exceptional pay
Finally, the premium pay owing to John-Duncan for his deal with the public vacation 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 privilege is $240.
Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for an overall of $400.
When a worker concurs to work on a public holiday however fails to do so
If a worker has actually concurred electronically or in composing to work on the public holiday but does refrain from doing so – and does not have sensible cause for not having done so – the employee has no right to public holiday pay or to a substitute day of rest with pay.
However, if the staff member has sensible cause for not working the public vacation, then privileges will depend upon which of the two choices below the staff member chose in exchange for accepting work on the public vacation:
– if the worker had agreed electronically or in composing to work on the public vacation for regular incomes plus a substitute day off with public holiday pay, the staff member is entitled to an alternative day of rest work with public holiday pay;.
or.
– if the worker had agreed digitally or in composing to work on the general public vacation for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the holiday. The employee is not entitled to get any premium pay since they did not any deal with the holiday.
When a staff member works just a few of the hours they consented to deal with a public vacation
If a worker has actually agreed digitally or in writing to work on the general public vacation but works just some of the hours they consented to work, and does not have reasonable cause for stopping working to work all of the hours, the worker is just entitled to get superior spend for each hour worked on the holiday. The worker has no right to public holiday pay or a substitute 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 only worked four hours and did not have affordable cause for failing to work the other 4 hours. Trudi is entitled only to premium spend for the four hours she dealt with the vacation. She is not entitled to public holiday pay or to an alternative day off work.
However, if the staff member has affordable cause for working just some 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 of rest work with public vacation pay;.
or.
– if the worker had agreed digitally or in writing to work on the general public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour dealt with the vacation.
Special rules for certain markets
Special rules apply to employees who work in the following kinds of organizations:
– hotels, motels and tourist resorts;.
– restaurants and pubs;.
– healthcare facilities and assisted living home;.
– continuous operations (which are operations, or parts of operations, that do not stop or employment close more than as soon as 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 operates in any of these companies can be needed to deal with a public vacation without their arrangement, but just if the vacation falls on a day that the employee would typically work and the employee is not on holiday.
If an employee is required to work, they are entitled to either:
– their routine rate for the hours dealt with the public vacation, plus an alternative day off work with public holiday pay;.
or.
– public vacation pay plus premium pay for each hour worked.
The company selects which of these options will use.
Note that the employer’s ability to require employees to deal with a public holiday is subject to the employee’s right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee’s employment contract. Note likewise that particular retail workers who operate in continuous operations (for example, a 24-hour benefit store) can refuse to work on a public vacation due to the fact that of the special rules that apply to some retail workers. See the « Retail employees » chapter of this guide for more info.
A worker in the formerly listed companies who is required to work on a public holiday that falls on their normal working day but fails to do so, with reasonable cause, is entitled to:
– a replacement holiday with public holiday pay;.
or.
– public vacation pay for the holiday.
The employer selects which option will use.
An employee in any of these companies who is required to work on a public holiday that falls on their regular working day but who stops working, with sensible cause, to work some of the hours they were required to work on the vacation is entitled to either:
– their regular rate for each hour dealt with the vacation plus a substitute vacation with public vacation pay;.
or.
– public vacation spend for the holiday plus premium pay for each hour worked.
The company chooses which option will apply.
A worker in any of these services who is required to work on a public vacation that falls on their common working day but who fails, without sensible cause, to work part or all of the public vacation is just entitled to get premium spend for each hour dealt with the vacation (if any). The staff member has no right to public holiday pay or an alternative day off work.
Overtime estimations when an employee gets exceptional pay
Any hours dealt with a public vacation that are compensated with superior pay are not consisted of when identifying whether a staff member has actually worked any overtime hours.
If work ends
Sometimes an employee’s task concerns an end before the employee can take an alternative vacation with public vacation pay that they have actually earned. In this case, the company should pay the staff member’s public vacation pay at the exact same time it pays the staff member’s last wages. This is so regardless of the factor the task concerned an end, whether it is since the staff member stopped, employment was fired for excellent reason, or for some other reason.
