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 staff member can concur electronically or in composing to work on the holiday and be paid:

– public vacation pay plus premium spend for all hours dealt with the general public vacation and not receive another day of rest (called a “substitute” vacation);.
or.

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

Some workers might be needed to deal with a public holiday. (See “Special guidelines for specific industries” later in this Chapter.) While most employees are qualified for the general public holiday privilege, some workers operate in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To figure out whether a job is covered, or if unique guidelines apply, please refer to the Guide to employment standards unique rules and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular salaries does not include any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, referall.us termination pay, severance pay or termination of assignment pay payable to a worker.

While some companies provide their staff members a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not required to do so under the ESA.

Performing both covered and exempt work

Some employees 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 holiday protection.

If an employee performs both sort of work, exempt and covered, they are qualified for the public vacation entitlement with regard to a particular public holiday if at least half of the work performed in the work week of the public vacation is work that is covered.

Rupert works for a taxi company as both a taxi cab chauffeur (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 vacation entitlement for Canada Day.

Qualifying for public vacation privileges

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

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

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

Note: Most workers who fail to receive the general public vacation privilege are still entitled to be paid exceptional spend for every hour they work on 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 worked with, or the number of days they worked before the public vacation.

The “last and very first rule”

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

For instance, a worker may not be set up to work the day right before or after the holiday. As long as the employee works all of their last routinely arranged shift before the vacation and all of the first one after it, or has sensible cause for not working either of those days, they satisfy this certifying requirement.

Reasonable cause

An employee is usually thought about to have “affordable cause” for missing out on work when something beyond their control prevents the worker from working. Employees are responsible for showing that they had sensible cause for keeping away from work. If they can do so, they still get approved for public vacation privileges.

How the last and first rule works

Rosie’s regular work week ranges from Monday to Thursday. A public vacation 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 holiday and the Tuesday after the holiday, or has sensible cause for failing to work either of those days, she certifies to be spent for the vacation.

Example: When an employee takes a day off

A public vacation falls on a Monday, and Lev’s work environment shuts down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for authorization to remove the Thursday before the public holiday because he has an individual visit. His employer agrees. Lev’s last frequently scheduled work day before the vacation is now thought about 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 affordable cause for not working either of those days, he qualifies 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 generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the general public vacation. The employer agrees. Doris’s routinely scheduled shift on the Thursday before the public vacation is now considered to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has affordable cause for failing to do so, she is entitled to the paid public vacation.

Example: When a worker is on trip

Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last regularly set up shift before his trip and first routinely set up shift after his holiday – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will qualify for the paid public .

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

Lydia is on pregnancy leave when the Canada Day holiday occurs. If Lydia works her last regularly scheduled day of work before her leave, and her first regularly scheduled day of work after her leave, or has sensible cause for failing to do so, she will be entitled to the paid public vacation.

Example: When there is no sensible cause

A public holiday falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not deal with 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 holiday pay

The quantity of public vacation pay to which an employee is entitled is all of the regular incomes made by the worker in the four work weeks before the work week with the public vacation plus all of the trip pay payable to the employee 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 holiday pay

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

Vacation pay payable

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

If the employee is to be paid trip pay with every pay cheque the quantity of trip pay to consist of in the calculation of public holiday pay will be at least four per cent of all of the worker’s earnings earned during the 4 work week duration. (Note that if a staff member earns a greater percentage of trip pay, such as 6 per cent of wages, then the “holiday pay payable” will be based on that higher percentage.)

If an employee is to receive their vacation pay in a swelling amount on a certain date or dates, vacation pay will be included in the computation of public holiday pay only if that date or dates falls throughout the relevant 4 work week period.

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

The four weeks before the general 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 an employer’s work week ranges from Thursday to Wednesday. In this case, the 4 work weeks utilized to calculate 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 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 employee and the holiday pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are utilized in the estimation of public vacation pay.

Calculating public holiday pay

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

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

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

3. Combine her overall salaries earned and trip 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 getaway time is included

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

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

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

3. Combine his total incomes made 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 holiday pay.

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

Tegan works three days a week and makes $120 a day. She worked her last routinely scheduled work day before the public holiday and her very first routinely scheduled day after the vacation. She and her company have agreed in composing that she will receive 4 percent trip pay on each paycheque.

1. Calculate Tegan’s regular salaries earned:.
$ 120 daily 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 weekly.
$ 14.40 weekly X 4 weeks = $57.60.

3. Combine her routine incomes made and holiday 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 holiday 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 each week. Her pay differs from week to week, according to the time she has worked. She and her company have concurred in writing that she will get four per cent holiday pay on each pay cheque.

1. Bertie’s routine earnings earned during the 4 work weeks before the vacation are $1,500.

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

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

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

Example: When a worker is on a leave

Zoe generally works 5 days a week, making $120 a day. She gets getaway 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 getaway pay. She received maternity and parental take advantage of the federal Employment Insurance program, however these advantages are ruled out “incomes.”

Zoe is entitled to get public vacation pay for the general public vacations that fall throughout her leave as long as she works her last routinely scheduled day before her leave and her first routinely scheduled day after her leave, or has affordable cause for failing 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 holiday. Her public vacation spend for Canada Day is:

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

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

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

Her public vacation spend for the rest of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have made any incomes or vacation pay on any of the days during the 4 work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene typically works five days a week, earning $100 a day. He was placed on temporary layoff on November 15. During his layoff, Eugene was not paid wages or trip pay. He got work insurance coverage benefits throughout this time, but these benefits are not thought about “earnings.”

Eugene was remembered 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 scheduled day before the layoff and his very first frequently scheduled day after the layoff, or has reasonable cause for failing to do so.

However, because Eugene did not make any earnings or getaway 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 a worker’s regular rate of pay. If a staff member is entitled to get exceptional spend for deal with a public holiday, they should 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 implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

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

A replacement holiday need to be scheduled for a day that is no later on than three months after the general public vacation for which it was earned, or, if the employee has agreed electronically or in writing, the alternative day of rest can be scheduled as much as 12 months after the public holiday.

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

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 works on the vacation. The different privileges are set out below.

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

Most workers deserve to get the public vacation off and get paid public holiday pay. (Some employees may be needed to deal with a public holiday. See “Special rules for specific markets” later on in this chapter.)

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

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

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

– public vacation pay for the public holiday, if the worker accepts this electronically or in composing (in this case, the employee will not be given a substitute day off).

When a worker who certifies for the day off has actually concurred digitally or in composing to deal with a public holiday

Most staff members can get the public holiday off and make money public vacation pay. However, if a worker concurs electronically or in writing to deal with the general public vacation, there are two choices:

– the worker is entitled to get routine earnings for all hours dealt with the public holiday, plus a substitute day of rest deal with public holiday pay;.
or.

– if the employee agrees 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 general public vacation. In this case, the staff member will not be offered an alternative day of rest.

Example: Calculating public holiday pay plus premium pay

A public holiday falls on among John-Duncan’s typical working days. He and his employer have concurred digitally or in composing that he will work on the general public holiday and that, instead of getting an alternative vacation, he will be paid public vacation pay plus premium spend for all the hours he deals with the vacation.

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

Step 1: determine public vacation pay:

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

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

3. Combine his total earnings made and vacation 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: determine superior pay

Finally, the premium pay owing to John-Duncan for his deal with 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 premium pay of $240, for a total of $400.

When a worker agrees to deal with a public holiday however stops working to do so

If a worker has agreed digitally or in writing to deal with the general public holiday but does not do so – and does not have affordable cause for not having done so – the employee has no right to public vacation pay or to a substitute day off with pay.

However, if the staff member has affordable cause for not working the public holiday, then entitlements will depend on which of the 2 alternatives below the staff member chose in exchange for consenting to work on the general public holiday:

– if the worker had concurred electronically or in writing to deal with the general public holiday for regular earnings plus a substitute day of rest with public holiday pay, the employee is entitled to a substitute day of rest work with public holiday pay;.
or.

– if the employee had actually agreed digitally or in composing to deal with the general public vacation for public holiday 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 receive any superior pay due to the fact that they did not carry out any deal with the vacation.

When a staff member works only some of the hours they accepted deal with a public vacation

If an employee has agreed electronically or in composing to work on the general public vacation however works only some of the hours they consented to work, and does not have affordable cause for failing to work all of the hours, the staff member is only entitled to receive premium pay for each hour dealt with the holiday. The employee has no right to public vacation pay or an alternative day off work.

Example: A typical case

Trudi had actually agreed in writing that she would work eight hours on Canada Day but she just worked 4 hours and did not have reasonable cause for stopping working 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 a substitute day of rest work.

However, if the employee has reasonable cause for working only some of the hours they accepted deal with the public holiday, then:

– the worker is entitled to their routine rate for all the hours worked plus an alternative day of rest deal with public vacation pay;.
or.

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

Special rules for particular markets

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

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– hospitals and retirement home;.

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

An employee who works in any of these companies can be required to deal with a public holiday without their arrangement, but only if the holiday falls on a day that the staff member would typically work and the employee is not on vacation.

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

– their routine rate for the hours dealt with the general public vacation, plus a substitute day of rest deal with public vacation pay;.
or.

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

The company selects which of these choices will use.

Note that the employer’s ability to need staff members to work on a public vacation is subject to the worker’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee’s employment agreement. Note also that particular retail workers who work in continuous operations (for instance, a 24-hour corner store) can refuse to work on a public holiday because of the unique rules that use to some retail employees. See the “Retail workers” chapter of this guide for more details.

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

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

– public holiday pay for the holiday.

The company picks which option will apply.

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

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

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

The employer chooses which alternative 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 but who fails, without sensible cause, to work part or all of the general public holiday is just entitled to receive exceptional spend for each hour dealt with the vacation (if any). The staff member has no right to public vacation pay or a substitute day off work.

Overtime calculations when an employee receives exceptional pay

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

If employment ends

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