Qualified Employees can Be Full Time

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

Alternatively, the employee can concur electronically or in writing to work on the vacation and be paid:

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

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

Some workers may be needed to deal with a public vacation. (See “Special guidelines for particular markets” later in this Chapter.) While a lot of workers are eligible for the public vacation entitlement, some workers work in tasks that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if unique guidelines use, please describe the Guide to employment requirements special guidelines and exemptions.

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

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

Regular earnings does not include any overtime pay, trip pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to a worker.

While some companies provide their staff members a vacation 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 workers carry out more than one kind of work for a company. A few of this work may be covered by the public vacation part of the ESA, employment while another type of work might be exempt from public holiday protection.

If a staff member performs both kinds of work, exempt and covered, they are eligible for the public holiday entitlement with regard to a particular public holiday 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 cab driver (work that is exempt from public holiday 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 holiday part of the ESA, he is eligible for the general public holiday privilege for Canada Day.

Receiving public holiday entitlements

Generally, staff members get approved for the public vacation entitlement unless they:

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

– fail without affordable cause to work their entire shift on the public vacation if they consented to or were required to work that day.

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

Qualified employees can be full-time, part time, irreversible or on term agreement. It does not matter how recently they were hired, or how many days they worked before the general public holiday.

The “last and very first guideline”

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

For example, a worker might not be scheduled to work the day right before or after the vacation. As long as the worker works all of their last routinely set up shift before the holiday 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

A staff member is typically considered to have “reasonable cause” for missing out on work when something beyond their control avoids the employee from working. Employees are responsible for showing that they had affordable cause for remaining away from work. If they can do so, they still get approved for public vacation entitlements.

How the last and first rule works

Rosie’s routine work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment shuts down for that day. If Rosie works the whole shift on the Thursday before the holiday and the Tuesday after the holiday, or has affordable cause for stopping working to work either of those days, she certifies to be paid for the vacation.

Example: When a staff member takes a day of rest

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 company for authorization to remove the Thursday before the general public vacation because he has a personal visit. His company agrees. Lev’s last routinely arranged work day before the vacation is now considered to be on the Wednesday.

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

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the vacation. Doris typically 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 holiday. The employer concurs. Doris’s routinely 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 reasonable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When an employee is on getaway

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently set up shift before his getaway and very first frequently set up shift after his getaway – on June 24 and July 10 – or has affordable cause for failing to do so, he will get approved 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 regularly arranged day of work before her leave, and her first routinely set up day of work after her leave, or has affordable cause for stopping working to do so, she will be entitled to the paid public vacation.

Example: employment When there is no affordable cause

A public holiday falls on a Monday, and Ellen’s workplace is closed for the holiday. Ellen does not deal with her last scheduled day before the holiday, and she does not have reasonable cause for missing that day. She receives no pay for the holiday.

Public holiday pay

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

When to consist of trip pay in the estimation of public vacation pay

The amount of trip pay payable to consist of in the computation of public vacation pay depends on whether the staff member is on vacation at any time throughout the 4 work weeks prior to the general public holiday, and the manner in which the worker is to be paid vacation pay. Please refer to the Vacation chapter for information on the different ways vacation pay can be paid.

Vacation pay payable

If the staff member 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, holiday pay will be included in the calculation of public vacation pay if the staff member was on vacation during that four work week duration. If the employee was not on vacation throughout that period, no holiday pay will be included in the calculation.

If the staff member is to be paid vacation pay with every pay cheque the quantity of vacation pay to include in the computation of public vacation pay will be at least 4 per cent of all of the staff member’s salaries earned throughout the 4 work week period. (Note that if a worker earns a higher portion of getaway pay, such as six per cent of incomes, then the “holiday pay payable” will be based on that greater percentage.)

If a worker is to get their trip pay in a lump sum on a certain date or dates, getaway pay will be included in the computation of public vacation pay just if that date or dates falls during the relevant four work week period.

Calculating the four work week period before the work week with a public vacation

The four weeks before the public vacation is based upon 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 runs 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 company’s work week) before the work week in which the public vacation falls.

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

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

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

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

Public vacation: Tuesday, December 25

In this example, the routine earnings earned by the employee and the trip pay payable to the staff member with respect to the 4 work weeks from November 22 to December 19 are utilized in the calculation of public holiday pay.

Calculating public vacation pay

Iryna works five days a week and makes $120 a day. She worked her last regularly scheduled work day before the general public vacation and her first regularly arranged day after the vacation. She receives her holiday 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 regular salaries earned:
$ 120 daily X 5 days = $600 weekly
$ 600 each week X 4 work weeks = $2,400.
Iryna made $2,400 of regular earnings in the 4 work weeks before the general public vacation.

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

3. Add together her overall salaries made and vacation pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public vacation pay.

Example: When trip time is included

Brock works 5 days a week and earns $160 a day. He was on getaway for 2 of the four weeks before the general public holiday. He gets holiday pay before he takes his vacation. He is paid $1,600 getaway pay for his two weeks of vacation. Brock worked his last frequently scheduled work day before the public holiday and his very first regularly arranged work day after the vacation.

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

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

Example: When a worker works part-time and each pay cheque includes getaway pay

Tegan works three days a week and makes $120 a day. She worked her last routinely arranged work day before the general public holiday and her very first regularly set up day after the holiday. She and her employer have actually agreed in composing that she will receive 4 percent getaway pay on each paycheque.

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

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

3. Total her routine earnings earned and getaway 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 consists of trip pay

Bertie does not work a set variety of hours each day or days weekly. Her pay varies from week to week, according to the time she has worked. She and her company have actually concurred in composing that she will receive 4 percent holiday pay on each pay cheque.

1. Bertie’s regular incomes earned throughout the 4 work weeks before the vacation are $1,500.

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

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

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

Example: When an employee is on a leave

Zoe generally works five days a week, earning $120 a day. She gets trip pay before she goes on vacation. 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 vacation pay. She received maternity and parental advantages from the federal Employment Insurance program, but these benefits are not considered “salaries.”

Zoe is entitled to get public holiday spend 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 very first frequently scheduled day after her leave, or has reasonable 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 vacation. Her public vacation pay for Canada Day is:

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

– Vacation pay payable: $0 (she was not on trip throughout 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 during her leave will be $0. This is because she will not have made any salaries or holiday pay on any of the days throughout the four work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene generally works five days a week, making $100 a day. He was positioned on short-lived layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He received employment insurance coverage advantages throughout this time, however these benefits are not considered “earnings.”

Eugene was recalled 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 set up day before the layoff and his very first frequently scheduled day after the layoff, or has affordable cause for stopping working to do so.

However, because Eugene did not make any salaries or holiday pay in the four work weeks before those two public vacations, the quantity 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 receive exceptional spend for work on a public vacation, they need to 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 suggests that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

An alternative holiday is another working day off work that is designated to change a public holiday. Employees are entitled to be paid public vacation pay for a replacement holiday.

A substitute holiday should be scheduled for a day that is no behind 3 months after the general public vacation for which it was earned, or, if the employee has concurred digitally or in composing, the substitute day of rest can be arranged as much as 12 months after the general public vacation.

If an employee receives an alternative vacation, the company needs to provide the worker with a written statement that sets out the public vacation that is being substituted, the date of the replacement holiday, and the date that the statement was offered to the worker. This statement needs to be provided to the staff member before the public vacation.

Entitlements for public vacations

Entitlements for public holidays differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the employee deals with the vacation. The different privileges are set out below.

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

Most staff members have the right to get the general public vacation off and get paid public holiday pay. (Some employees may be required to work on a public vacation. See “Special guidelines for specific markets” later on in this chapter.)

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

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

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

– public holiday pay for the general public vacation, if the employee concurs to this digitally or in writing (in this case, the employee will not be provided a substitute day of rest).

When a worker who receives the day of rest has actually agreed digitally or in writing to deal with a public holiday

Most workers can get the public vacation off and earn money public vacation pay. However, if a worker concurs electronically or in writing to deal with the public holiday, there are 2 alternatives:

– the worker is entitled to get for all hours dealt with the general public holiday, plus an alternative day off deal with public vacation pay;.
or.

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

Example: Calculating public vacation pay plus premium pay

A public holiday falls on one of John-Duncan’s typical working days. He and his company have agreed digitally or in composing that he will work on the public vacation which, instead of getting an alternative vacation, he will be paid public holiday pay plus premium spend for all the hours he works on the holiday.

John-Duncan frequently works eight hours a day, 5 days a week. His routine hourly pay rate is $20. He has dealt with 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 vacation pay when his trip is taken. He was not on holiday throughout the 4 work weeks leading up to the public holiday

Step 1: compute public holiday pay:

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

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

3. Combine his total wages earned and getaway pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: calculate premium pay

Finally, the premium pay owing to John-Duncan for his work on the general public holiday is determined:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay entitlement is $240.

Result: employment John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for a total of $400.

When a worker accepts deal with a public holiday but fails to do so

If a staff member has actually concurred digitally or in composing to work on the public holiday however does not do so – and does not have reasonable cause for not having done so – the staff member has no right to public vacation pay or to an alternative day of rest with pay.

However, if the employee has affordable cause for not working the public holiday, then entitlements will depend on which of the two choices below the employee selected in exchange for accepting work on the public vacation:

– if the staff member had actually agreed electronically or in composing to work on the general public vacation for routine salaries plus a substitute day of rest with public vacation pay, the employee is entitled to an alternative day off deal with public vacation pay;.
or.

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

When a staff member works only a few of the hours they consented to work on a public vacation

If a worker has agreed digitally or in composing to work on the public holiday however works just some of the hours they accepted work, and does not have reasonable cause for stopping working to work all of the hours, the staff member is just entitled to get superior pay for each hour dealt with the vacation. The worker has no right to public vacation pay or an alternative day of rest work.

Example: A common case

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

However, if the staff member has sensible cause for working only some of the hours they accepted work on the general public holiday, then:

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

– if the staff member had actually concurred electronically or in composing to work on the general public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour dealt with the holiday.

Special guidelines for particular industries

Special rules apply to workers who operate in the list below types of organizations:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– health centers and nursing homes;.

– 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 games tables are open around the clock).

An employee who operates in any of these businesses can be needed to work on a public holiday without their contract, but only if the holiday falls on a day that the staff member would typically work and the staff member is not on holiday.

If an employee is needed to work, they are entitled to either:

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

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

The company selects which of these alternatives will use.

Note that the employer’s capability to require staff members to deal with a public vacation undergoes the employee’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the staff member’s employment contract. Note also that particular retail workers who work in continuous operations (for example, a 24-hour corner store) can decline to work on a public holiday due to the fact that of the unique rules that apply to some retail workers. See the “Retail employees” chapter of this guide to find out more.

A worker in the previously listed companies who is needed to deal with a public vacation that falls on their normal working day however fails to do so, with sensible cause, is entitled to:

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

– public holiday spend for the vacation.

The employer chooses which option will apply.

An employee in any of these services who is required to work on a public holiday that falls on their normal working day but who fails, with sensible cause, to work a few of the hours they were needed to deal with the vacation is entitled to either:

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

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

The company picks which option will use.

A worker in any of these organizations who is needed to work on a public vacation that falls on their ordinary working day but who fails, without affordable cause, to work part or all of the public holiday is just entitled to get exceptional pay for each hour worked on the holiday (if any). The worker has no right to public vacation pay or an alternative day off work.

Overtime computations when an employee gets exceptional pay

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

If employment ends

Sometimes a worker’s job pertains to an end before the staff member can take a replacement vacation with public vacation pay that they have earned. In this case, the employer should pay the staff member’s public vacation pay at the very same time it pays the employee’s last earnings. This is so regardless of the reason the job pertained to an end, whether it is since the employee quit, was fired for good factor, or for some other factor.