Qualified Employees can Be Full-time

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

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

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

– be paid their regular earnings for all hours dealt with the general public vacation and get another replacement holiday for which they must be paid public holiday pay.

Some workers might be needed to work on a public holiday. (See “Special rules for certain markets” later on in this Chapter.) While the majority of staff members are qualified for the general public vacation privilege, some staff members operate in tasks that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To figure out whether a task is covered, or if unique guidelines use, please refer to the Guide to work standards special guidelines and exemptions.

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

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

Regular salaries does not include any overtime pay, holiday 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 employers provide their workers a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

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

If a staff member carries out both sort of work, exempt and covered, they are qualified for the public holiday privilege with respect to a particular public holiday if a minimum of half of the work carried out in the work week of the general 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 public holiday privilege for Canada Day.

Qualifying for public vacation privileges

Generally, workers qualify for the public vacation entitlement unless they:

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

– stop working without reasonable cause to work their whole shift on the public vacation if they concurred to or were needed to work that day.

Note: Most employees who stop working to qualify for the public holiday privilege are still entitled to be paid exceptional spend for every hour they work on the holiday.

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

The “last and very first rule”

The “last frequently arranged day of work before the public holiday” and the “very first frequently set up day of work after the public holiday” do not have to be the days right before and right after the holiday.

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

Reasonable cause

A staff member is normally thought about to have “sensible cause” for missing work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had reasonable cause for keeping away from work. If they can do so, they still receive public holiday entitlements.

How the last and first rule works

Rosie’s regular work week runs from Monday to Thursday. A public vacation 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 stopping working to work either of those days, she certifies to be paid for the holiday.

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev’s office closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for authorization to take off the Thursday before the public holiday since he has a personal visit. His employer concurs. Lev’s last frequently set up work day before the holiday is now thought about to be on the Wednesday.

If Lev works his entire Wednesday shift before the vacation and employment his entire Tuesday shift after the vacation, or has affordable cause for not working either of those days, he qualifies for the paid public vacation.

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 wants to leave at 3 p.m. on the Thursday before the general public vacation. The employer concurs. Doris’s regularly arranged shift on the Thursday before the general 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 sensible cause for failing 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 getaway from June 25 to July 9. If George works all of his last frequently set up shift before his trip and very first routinely scheduled shift after his trip – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will certify for the paid public vacation.

Example: When an employee is on a leave or layoff

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

Example: When there is no sensible cause

A public holiday falls on a Monday, and Ellen’s office 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 pay for the holiday.

Public vacation pay

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

When to include getaway pay in the computation of public holiday pay

The amount of getaway pay payable to include in the computation of public vacation pay depends on whether the staff member is on holiday at any time during the four work weeks prior to the public vacation, and the way in which the worker is to be paid holiday pay. Please describe the Vacation chapter for information on the different 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 duration in which the vacation falls, trip pay will be consisted of in the estimation of public holiday pay if the worker was on vacation throughout that 4 work week duration. If the worker was not on trip throughout that duration, no getaway pay will be consisted of in the calculation.

If the worker is to be paid holiday pay with every pay cheque the amount of getaway pay to consist of in the computation of public vacation pay will be at least four percent of all of the worker’s incomes made throughout the four work week period. (Note that if an employee earns a higher portion of getaway pay, employment such as 6 percent of earnings, then the “trip pay payable” will be based upon that higher portion.)

If a worker is to receive their holiday pay in a swelling sum on a particular date or dates, getaway pay will be included in the estimation of public vacation pay just if that date or dates falls during the appropriate four work week period.

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

The 4 weeks before the public vacation is based on the employer’s work week and is not necessarily a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week ranges from Thursday to Wednesday. In this case, the four work weeks utilized to calculate public holiday pay are those four weeks counting in reverse from the very first Wednesday (the last day of the employer’s work week) before the work week in which the 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 regular wages earned by the worker and the holiday pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are utilized in the computation of public holiday pay.

Calculating public vacation pay

Iryna works 5 days a week and makes $120 a day. She worked her last frequently arranged work day before the public vacation and her first frequently set up day after the vacation. She gets her getaway pay when her vacation is taken. She was not on vacation during the 4 work weeks leading up to the public holiday.

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

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

3. Add together her total incomes earned 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 vacation time is included

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

1. Calculate Brock’s total regular earnings earned:.
Brock worked 10 days.
$ 160 per 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 general public vacation, and is paid vacation pay before he takes his vacation. The amount of holiday pay payable with respect to the 4 work weeks prior to the work week with the general public vacation = $1,600.

3. Add together his total salaries earned and holiday payable and divide the sum 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 includes trip pay

Tegan works 3 days a week and makes $120 a day. She worked her last frequently scheduled work day before the general public vacation and her first regularly scheduled day after the vacation. She and her employer have agreed in writing that she will receive 4 percent getaway pay on each paycheque.

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

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

3. Combine her regular incomes 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 vacation pay.

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

Bertie does not work a set number of hours each day or days per week. Her pay differs from week to week, according to the time she has actually worked. She and her employer have actually concurred in writing that she will receive 4 percent getaway pay on each pay cheque.

1. Bertie’s routine wages made throughout the four work weeks before the vacation are $1,500.

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

3. Add together her routine salaries earned and getaway pay payable and divide the amount 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 typically works five days a week, earning $120 a day. She gets vacation pay before she goes on vacation. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid incomes or trip pay. She got maternity and adult take advantage of the federal Employment Insurance program, but these benefits are ruled out “wages.”

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 routinely set up day before her leave and her first routinely arranged day after her leave, or has affordable cause for stopping working to do so.

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

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

– Vacation pay payable: $0 (she was not on holiday during the 4 work week period).

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

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

Example: When an employee is on a layoff

Eugene generally works 5 days a week, making $100 a day. He was placed on short-term layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He got employment insurance coverage benefits during this time, but these benefits are ruled out “wages.”

Eugene was remembered to work on December 27. He is entitled to be paid public holiday spend for Christmas Day and Boxing Day as long as he works his last routinely arranged day before the layoff and his very first frequently arranged day after the layoff, or has affordable cause for stopping working to do so.

However, because Eugene did not earn any incomes or vacation pay in the 4 work weeks before those 2 public vacations, the quantity of public holiday 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 a worker is entitled to get superior spend for deal with a public holiday, they must be paid 1 1/2 times their routine rate of spend 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 vacation is another working day off work that is designated to change a public holiday. Employees are entitled to be paid public vacation pay for a replacement holiday.

An alternative holiday must be set up for a day that is no behind 3 months after the public holiday for which it was earned, or, if the worker has agreed digitally or in writing, the substitute day of rest can be scheduled up to 12 months after the public vacation.

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

Entitlements for public holidays

Entitlements for public holidays vary depending on such things as whether the vacation falls on a working day or a non-working day and employment whether the employee deals with the holiday. The different entitlements are set out listed below.

When a public holiday falls on a working day however the staff member does not work

Most staff members can get the public vacation off and get paid public holiday pay. (Some employees might be needed to deal with a public vacation. See “Special guidelines for particular industries” later on in this chapter.)

When a public holiday falls on a worker’s non-working day or during an employee’s getaway

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

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

– public holiday pay for the general public vacation, if the worker consents to this digitally or in composing (in this case, the employee will not be provided a substitute day off).

When an employee who receives the day off has actually agreed digitally or in writing to deal with a public vacation

Most employees deserve to get the public vacation off and earn money public holiday pay. However, if a staff member agrees digitally or in writing to work on the general public vacation, there are two alternatives:

– the employee is entitled to receive regular salaries for all hours dealt with the public vacation, plus an alternative day of rest deal with public vacation pay;.
or.

– if the worker agrees electronically or in writing, they are entitled to public holiday pay for the public vacation plus premium pay for all hours dealt with the general public holiday. In this case, the staff member will not be given an alternative day off.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan regularly works 8 hours a day, 5 days a week. His routine hourly pay rate is $20. He has actually dealt with all his scheduled work days in the 4 work weeks before the public holiday. He works eight hours on the public holiday. He gets his vacation pay when his vacation is taken. He was not on vacation during the four work weeks leading up to the general public holiday

Step 1: determine public vacation pay:

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

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

3. Add together his overall incomes earned and vacation pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public vacation pay privilege is $160.

Step 2: compute superior pay

Finally, the premium pay owing to John-Duncan for his work on the general public vacation 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 holiday pay of $160 and superior pay of $240, for a total of $400.

When a worker consents to deal with a public holiday however fails to do so

If a worker has agreed digitally or in composing to deal with the public holiday however does not do so – and does not have sensible cause for employment not having actually done so – the staff member has no right to public holiday pay or to an alternative day of rest with pay.

However, if the employee has reasonable cause for not working the general public vacation, then privileges will depend upon which of the 2 alternatives listed below the employee chose in exchange for accepting work on the public vacation:

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

– if the employee had concurred digitally or in writing to deal with the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday spend for the holiday. The worker is not entitled to get any premium pay since they did not carry out any work on the holiday.

When a staff member works only some of the hours they agreed to work on a public vacation

If a staff member has concurred electronically or in writing to work on the public holiday however works just a few of the hours they concurred to work, and does not have affordable cause for stopping working to work all of the hours, the staff member is only entitled to get premium spend for each hour dealt with the holiday. The staff member has no right to public vacation pay or an alternative day off work.

Example: A normal case

Trudi had agreed in composing that she would work eight hours on Canada Day but she just worked 4 hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled only to premium pay for the four hours she worked on the holiday. She is not entitled to public holiday pay or to an alternative day of rest work.

However, employment if the employee has reasonable cause for working just a few of the hours they consented to deal with the public holiday, then:

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

– if the employee had concurred digitally or in writing to deal with the general public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour dealt with the vacation.

Special rules for certain industries

Special guidelines apply to employees who operate in the following kinds of companies:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– health centers and retirement home;.

– constant operations (which are operations, or parts of operations, that do not stop or close more than as soon as a week – such as an oil refinery, alarm-monitoring business or the video games part of a casino if the video games tables are open around the clock).

An employee who operates in any of these organizations can be required to deal with a public vacation without their contract, however just if the vacation falls on a day that the staff member would normally work and the staff member is not on trip.

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

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

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

The company chooses which of these alternatives will use.

Note that the employer’s ability to need workers to deal with a public vacation is subject to the employee’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 staff member’s work agreement. Note also that certain retail workers who work in continuous operations (for instance, a 24-hour corner store) have the right to decline to work on a public holiday since of the special guidelines that apply to some retail workers. See the “Retail workers” chapter of this guide for additional information.

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

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

– public holiday pay for the vacation.

The company picks which alternative will use.

An employee in any of these organizations who is needed to deal with a public vacation that falls on their ordinary working day however who fails, with reasonable cause, to work some of the hours they were needed to deal with the holiday is entitled to either:

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

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

The company chooses which option will use.

An employee in any of these businesses 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 public holiday is just entitled to receive premium pay 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 estimations when an employee receives premium pay

Any hours dealt with a public vacation that are compensated with premium pay are not consisted of when determining whether a worker has actually worked any overtime hours.

If work ends

Sometimes an employee’s task pertains to an end before the employee can take a replacement holiday 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 very same time it pays the employee’s last earnings. This is so despite the factor the task pertained to an end, whether it is because the employee quit, was fired for good factor, or for some other factor.