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 worker can agree electronically or in composing to deal with the holiday and be paid:
– public vacation pay plus premium pay for all hours worked on the general public holiday and not get another day off (called a “substitute” vacation);.
or.
– be paid their routine wages for all hours worked on the public vacation and receive another substitute vacation for which they must be paid public vacation pay.
Some employees might be needed to work on a public vacation. (See “Special rules for specific industries” later in this Chapter.) While many workers are qualified for the general public holiday privilege, some staff members operate in tasks that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To identify whether a task is covered, or if special rules apply, please refer to the Guide to work standards special guidelines and exemptions.
Use the Employment Standards Self-Service Tool to check compliance with public holidays and other employment requirements privileges.
See “Public holiday pay” later on in this chapter.
Regular incomes does not consist of any overtime pay, holiday pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or job termination of assignment pay payable to a staff member.
While some companies provide their staff members a vacation on Easter Sunday, Easter Monday, the 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 staff members carry out more than one kind of work for an employer. A few of this work may be covered by the public vacation part of the ESA, while another sort of work might be exempt from public vacation coverage.
If a staff member carries out both kinds of work, exempt and covered, they are qualified for the general public holiday entitlement with regard to a specific public holiday if at least half of the work performed in the work week of the 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 vacation part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is qualified for the public holiday entitlement for Canada Day.
Receiving public vacation entitlements
Generally, employees receive the public holiday privilege unless they:
– stop working without reasonable cause to work all of their last frequently arranged day of work before the general public vacation or all of their first routinely arranged day of work after the general public holiday (this is called the “Last and First Rule”);.
or.
– fail without reasonable cause to work their whole shift on the public vacation if they consented to or were required to work that day.
Note: Most workers who stop working to receive the public holiday privilege are still entitled to be paid exceptional pay for every hour they deal with the vacation.
Qualified workers can be complete time, part-time, irreversible or on term agreement. It does not matter how just recently they were hired, or the number of days they worked before the general public holiday.
The “last and first guideline”
The “last frequently set up day of work before the public vacation” and the “first routinely arranged day of work after the general public holiday” do not have to be the days right previously and right after the holiday.
For example, a worker may not be set up to work the day right before or after the holiday. As long as the staff member works all of their last regularly set up shift before the holiday and all of the first one after it, or has affordable cause for not working either of those days, they fulfill this certifying requirement.
Reasonable cause
A worker is normally considered to have “sensible cause” for missing work when something beyond their control prevents the employee from working. Employees are accountable for showing that they had reasonable cause for staying away from work. If they can do so, they still certify for public vacation privileges.
How the last and very first rule works
Rosie’s regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and job Rosie’s office shuts down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the holiday, or has sensible cause for failing to work either of those days, she qualifies to be spent for the vacation.
Example: When a staff member takes a day off
A public vacation falls on a Monday, and Lev’s office shuts down for that day. works Monday to Thursday. Lev has actually asked his company for consent to remove the Thursday before the general public holiday due to the fact that he has an individual consultation. His company concurs. Lev’s last regularly scheduled work day before the holiday is now thought about to be on the Wednesday.
If Lev works his whole Wednesday shift before the holiday and his whole Tuesday shift after the holiday, or has reasonable cause for not working either of those days, he receives the paid public holiday.
Example: When a staff member leaves early
A public holiday falls on a Friday, and Doris’s workplace is closed for the holiday. Doris normally 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 company concurs. Doris’s regularly set up 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 reasonable cause for stopping working to do so, she is entitled to the paid public vacation.
Example: When a worker is on getaway
Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last regularly set up shift before his holiday and first routinely scheduled shift after his holiday – on June 24 and July 10 – or has sensible cause for stopping working to do so, he will receive the paid public holiday.
Example: When a worker 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 regularly scheduled day of work after her leave, or has reasonable cause for failing to do so, she will be entitled to the paid public vacation.
Example: When there is no reasonable cause
A public vacation falls on a Monday, and Ellen’s office is closed for the holiday. Ellen does not work on her last scheduled day before the vacation, and she does not have affordable cause for missing that day. She receives no spend for the vacation.
Public vacation pay
The amount of public vacation pay to which an employee is entitled is all of the regular incomes earned by the worker in the four work weeks before the work week with the general public vacation plus all of the vacation pay payable to the employee with regard to the 4 work weeks before the work week with the public holiday, divided by 20.
When to include holiday pay in the calculation of public holiday pay
The quantity of trip pay payable to include in the computation of public vacation pay depends on whether the worker is on holiday at any time throughout the four work weeks prior to the public holiday, and the manner in which the staff member is to be paid getaway pay. Please describe the Vacation chapter for information on the different methods holiday pay can be paid.
Vacation pay payable
If the worker is to be paid their holiday pay before they take a getaway or on or before the pay day for the duration in which the holiday falls, trip pay will be included in the computation of public vacation pay if the staff member was on holiday throughout that 4 work week duration. If the staff member was not on holiday throughout that duration, no holiday pay will be included in the computation.
If the employee is to be paid vacation pay with every pay cheque the amount of getaway pay to consist of in the estimation of public holiday pay will be at least 4 per cent of all of the staff member’s salaries made during the four work week duration. (Note that if a worker earns a greater percentage of vacation pay, such as six per cent of salaries, then the “holiday pay payable” will be based on that higher portion.)
If a staff member is to get their trip pay in a lump amount on a certain date or dates, vacation pay will be included in the estimation of public holiday pay only if that date or dates falls throughout the relevant 4 work week period.
Calculating the four work week period before the work week with a public vacation
The 4 weeks before the general 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 a company’s work week ranges from Thursday to Wednesday. In this case, the 4 work weeks used to compute public vacation pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the company’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 staff member and the vacation pay payable to the staff member with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public holiday pay.
Calculating public vacation pay
Iryna works five days a week and makes $120 a day. She worked her last routinely scheduled work day before the general public holiday and her very first routinely set up day after the vacation. She gets her trip pay when her holiday is taken. She was not on trip during the four work weeks leading up to the public vacation.
1. Calculate Iryna’s overall routine incomes earned:
$ 120 daily X 5 days = $600 weekly
$ 600 per week X 4 work weeks = $2,400.
Iryna made $2,400 of regular incomes in the 4 work weeks before the general public holiday.
2. Calculate the quantity of holiday pay payable with respect to the four work week duration:.
Iryna gets her holiday pay when she takes her holiday. Because she was not on getaway throughout the 4 work week period, job the amount of getaway pay payable with regard to the 4 work weeks before the public vacation = $0.
3. Combine her total incomes earned and getaway 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 vacation time is included
Brock works five days a week and earns $160 a day. He was on trip for 2 of the four weeks before the public vacation. He receives trip pay before he takes his vacation. He is paid $1,600 vacation spend for his 2 weeks of getaway. Brock worked his last regularly set up work day before the public vacation and his very first routinely arranged work day after the holiday.
1. Calculate Brock’s overall regular earnings made:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.
2. Calculate the quantity of holiday pay:.
Brock was on trip for two of the four work weeks prior to the work week with the public holiday, and is paid trip pay before he takes his getaway. The quantity of vacation pay payable with respect to the four work weeks prior to the work week with the general public holiday = $1,600.
3. Combine his overall wages made and holiday payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.
Result: Brock is entitled to $160 public vacation pay.
Example: When an employee works part-time and each pay cheque includes trip pay
Tegan works 3 days a week and earns $120 a day. She worked her last regularly arranged work day before the general public vacation and her very first regularly arranged day after the vacation. She and her employer have actually concurred in composing that she will receive 4 percent vacation pay on each paycheque.
1. Calculate Tegan’s routine earnings made:.
$ 120 daily X 3 days = $360 per week.
$ 360 per week X 4 weeks = $1,440.
2. Calculate her vacation pay payable:.
$ 4.80 per day (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 weekly X 4 weeks = $57.60.
3. Add together her routine salaries 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 consists of holiday pay
Bertie does not work a set number of hours each day or days weekly. Her pay varies from week to week, according to the time she has actually worked. She and her employer have concurred in composing that she will get four percent trip pay on each pay cheque.
1. Bertie’s regular salaries made during the four work weeks before the vacation are $1,500.
2. Calculate her getaway pay payable:.
$ 1,500 X 4% = $60.
3. Combine her regular earnings made and vacation pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
Result: Bertie is entitled to $78 public vacation pay.
Example: When an employee is on a leave
Zoe usually works five days a week, earning $120 a day. She gets vacation pay before she goes on holiday. On June 10, job she went on a 17-week pregnancy leave, followed by a 35-week parental leave.
During her leaves, she was not paid wages or vacation pay. She got maternity and adult gain from the federal Employment Insurance program, however these benefits are ruled out “salaries.”
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 frequently set up day before her leave and her first frequently set up day after her leave, or has affordable cause for failing to do so.
Zoe went on leave on June 10 and just worked 7 days during the four work weeks before the Canada Day public holiday. Her public holiday spend for Canada Day is:
– Regular incomes earned: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on holiday throughout the four work week period).
– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.
Her public holiday spend for the rest of the public holidays that fall during her leave will be $0. This is due to the fact that she will not have actually made any earnings or vacation pay on any of the days during the four work weeks before each of those holidays.
Example: When a staff member is on a layoff
Eugene generally works five days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid earnings or holiday pay. He received work insurance coverage benefits during this time, but these benefits are not considered “earnings.”
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 regularly arranged day before the layoff and his first regularly set up day after the layoff, or has reasonable cause for failing to do so.
However, because Eugene did not earn any wages or getaway pay in the four work weeks before those two public vacations, the amount of public vacation pay he is entitled to will be $0.
Premium pay
Premium pay is 1 1/2 times a staff member’s regular rate of pay. If an employee is entitled to receive premium pay for work on a public holiday, they need to be paid 1 1/2 times their regular rate of pay for each hour worked.
For instance, Nathan’s regular 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
A substitute vacation is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public vacation pay for a substitute holiday.
A replacement holiday must be scheduled for a day that is no behind three months after the general public holiday for which it was earned, or, if the worker has actually concurred digitally or in writing, the substitute day off can be arranged as much as 12 months after the public vacation.
If a staff member gets a replacement vacation, the employer needs to offer the worker with a composed statement that sets out the general public holiday that is being replaced, the date of the alternative holiday, and the date that the declaration was offered to the worker. This declaration needs to be provided to the staff member before the public holiday.
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 whether the employee works on the holiday. The various entitlements 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 public vacation off and make money public vacation pay. (Some workers may be needed to work on a public holiday. See “Special rules for specific markets” later in this chapter.)
When a public vacation falls on a worker’s non-working day or during a staff member’s trip
When a public vacation falls on a day that is not ordinarily a working day for a worker, or during the worker’s vacation, the employee is entitled to either:
– an alternative vacation off with public vacation pay;.
or.
– public vacation pay for the general public vacation, if the employee consents to this digitally or in composing (in this case, the staff member will not be provided an alternative day of rest).
When a worker who gets approved for the day off has actually agreed electronically or in composing to deal with a public holiday
Most workers can get the general public holiday off and earn money public holiday pay. However, if a worker agrees digitally or in writing to work on the public holiday, there are 2 alternatives:
– the staff member is entitled to receive routine wages for all hours dealt with the general public vacation, plus a substitute day off deal with public holiday pay;.
or.
– if the staff member concurs electronically or in writing, they are entitled to public holiday pay for job the public holiday plus premium pay for all hours dealt with the general public holiday. In this case, the worker will not be given a substitute day off.
Example: Calculating public holiday pay plus premium pay
A public vacation falls on among John-Duncan’s regular working days. He and his employer have actually concurred digitally or in composing that he will work on the public holiday and that, instead of getting a replacement vacation, he will be paid public holiday pay plus premium pay for all the hours he deals with the vacation.
John-Duncan routinely works 8 hours a day, 5 days a week. His regular per hour pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public vacation. He works eight hours on the general public vacation. He receives his holiday pay when his holiday is taken. He was not on trip during the four work weeks leading up to the general public vacation
Step 1: compute public vacation pay:
1. Calculate John-Duncan’s overall routine earnings earned in the 4 work weeks before the general public vacation:
8 hours per day X $20 per hour = $160 per day
$ 160 each day X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the public holiday.
2. Calculate the quantity of getaway pay payable with respect to the four work week period:.
John-Duncan gets his trip pay when he takes his vacation. Because he was not on holiday throughout the 4 work week duration, the quantity of trip pay payable with respect to the four work weeks before the public holiday = $0.
3. Total 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: job determine premium pay
Finally, the premium pay owing to John-Duncan for his work on 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 entitlement is $240.
Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for a total of $400.
When an employee consents to deal with a public holiday however fails to do so
If an employee has actually concurred electronically or in composing to deal with the public vacation but does refrain from doing so – and does not have affordable cause for not having actually done so – the employee has no right to public holiday pay or to an alternative day off with pay.
However, if the worker has sensible cause for not working the general public vacation, then entitlements will depend upon which of the 2 choices below the worker chose in exchange for concurring to deal with the public holiday:
– if the worker had concurred digitally or in writing to work on the public holiday for routine incomes plus an alternative day of rest with public holiday pay, the worker is entitled to a substitute day of rest deal with public vacation pay;.
or.
– if the staff member had actually agreed digitally or in composing 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 holiday pay for the vacation. The employee is not entitled to get any exceptional pay due to the fact that they did not perform any deal with the vacation.
When an employee works only some of the hours they concurred to deal with a public vacation
If a worker has actually agreed digitally or in writing to deal with the general public holiday however works only a few of the hours they agreed to work, and does not have affordable cause for stopping working to work all of the hours, the worker is only entitled to get exceptional spend for each hour worked on the holiday. The staff member has no right to public holiday pay or a substitute day off work.
Example: A normal case
Trudi had actually concurred in composing that she would work 8 hours on Canada Day however she only worked 4 hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled just to premium pay for the 4 hours she dealt with the holiday. She is not entitled to public vacation pay or to a substitute day of rest work.
However, if the staff member has affordable cause for working only 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 an alternative day of rest work with public holiday pay;.
or.
– if the employee had actually concurred electronically or in composing to deal with the public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour worked on the holiday.
Special rules for specific industries
Special rules apply to workers who operate in the following types of companies:
– hotels, motels and traveler resorts;.
– restaurants and pubs;.
– healthcare facilities and assisted living home;.
– continuous operations (which are operations, or parts of operations, that do not stop or close more than once a week – such as an oil refinery, alarm-monitoring business or the 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 required to work on a public holiday without their contract, however just if the holiday falls on a day that the employee would normally work and the worker is not on getaway.
If an employee is needed to work, they are entitled to either:
– their routine rate for the hours dealt with the public vacation, plus an alternative day of rest work with public holiday pay;.
or.
– public vacation pay plus premium pay for each hour worked.
The company picks which of these alternatives will apply.
Note that the company’s ability to require workers to deal with a public holiday goes through the worker’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the employee’s employment agreement. Note also that certain retail employees who operate in constant operations (for instance, a 24-hour corner store) have the right to decline to work on a public vacation since of the special guidelines that apply to some retail employees. See the “Retail employees” chapter of this guide for more details.
A staff member in the formerly noted businesses who is required to deal with a public vacation that falls on their normal working day but fails to do so, with sensible cause, is entitled to:
– a substitute vacation with public holiday pay;.
or.
– public vacation spend for the vacation.
The employer picks which option will use.
A worker in any of these companies who is needed to deal with a public vacation that falls on their ordinary working day however who stops working, with sensible cause, to work some of the hours they were needed to work on the holiday is entitled to either:
– their routine rate for each hour worked on the holiday plus an alternative holiday with public holiday pay;.
or.
– public holiday pay for the holiday plus premium spend for each hour worked.
The employer chooses which alternative will use.
An employee 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 affordable cause, to work part or all of the general public holiday is only entitled to receive premium pay for each hour worked on the vacation (if any). The worker has no right to public vacation pay or a substitute day of rest work.
Overtime computations when a staff member gets premium pay
Any hours dealt with a public vacation that are compensated with premium pay are not included 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 staff member can take a substitute vacation with public holiday pay that they have actually earned. In this case, the company should pay the staff member’s public holiday pay at the same time it pays the staff member’s last incomes. This is so no matter the reason the job pertained to an end, whether it is since the staff member gave up, was fired for great factor, or for some other factor.
