Qualified Employees can Be Full-time

Most staff members 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 spend for all hours worked on the public holiday and not get another day of rest (called a « replacement » holiday);.
or.

– be paid their regular earnings for all hours dealt with the public holiday and get another substitute holiday for which they need to be paid public holiday pay.

Some employees may be required to deal with a public vacation. (See « Special guidelines for particular industries » later on in this Chapter.) While most workers are qualified for the general public vacation privilege, some staff members work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To identify whether a task is covered, or if special guidelines apply, please describe the Guide to employment standards unique guidelines and exemptions.

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

See « Public holiday pay » later in this chapter.

Regular incomes does not include any overtime pay, vacation pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to an employee.

While some employers offer their staff members 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 perform more than one type of work for an employer. A few of this work may be covered by the public vacation part of the ESA, while another kind of work might be exempt from public vacation protection.

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

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public holiday protection) 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 eligible for the general public vacation privilege for Canada Day.

Getting approved for public holiday privileges

Generally, employees receive the general public holiday entitlement unless they:

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

– fail without reasonable cause to work their entire shift on the public holiday if they accepted or were needed to work that day.

Note: Most staff members who stop working to get approved for the general public holiday entitlement are still entitled to be paid premium pay for every hour they work on the holiday.

Qualified staff members can be complete 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 holiday.

The « last and first guideline »

The « last routinely arranged day of work before the public holiday » and the « very first regularly set up day of work after the public holiday » do not have to be the days right previously and right after the vacation.

For example, a worker may not be scheduled to work the day right before or after the holiday. As long as the staff member works all of their last frequently set up shift before the vacation and all of the first one after it, or has sensible cause for not working either of those days, they meet this qualifying criterion.

Reasonable cause

A worker is usually considered to have « sensible cause » for missing out on work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had affordable cause for remaining away from work. If they can do so, they still certify for public holiday entitlements.

How the last and first guideline works

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

Example: When a worker 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 asked his employer for authorization to remove the Thursday before the general public holiday since he has a personal visit. His company concurs. Lev’s last frequently arranged work day before the holiday is now thought about to be on the Wednesday.

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

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s office is closed for the holiday. Doris normally works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the public holiday. The company concurs. Doris’s regularly scheduled shift on the Thursday before the general public holiday 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 stopping working to do so, she is entitled to the paid public vacation.

Example: When a staff member is on holiday

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

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 frequently set up day of work before her leave, and her first routinely arranged day of work after her leave, or has sensible cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no reasonable cause

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

Public vacation pay

The quantity of public vacation pay to which an employee is entitled is all of the routine salaries earned by the staff member in the 4 work weeks before the work week with the general 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 public holiday, divided by 20.

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

The amount of holiday pay payable to consist of in the computation of public vacation pay depends on whether the employee is on getaway at any time throughout the 4 work weeks prior to the general public holiday, and the way in which the worker is to be paid getaway pay. Please describe the Vacation chapter for referall.us information on the different methods getaway pay can be paid.

Vacation pay payable

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

If the worker is to be paid holiday pay with every pay cheque the quantity of trip pay to consist of in the estimation of public vacation pay will be at least four per cent of all of the employee’s wages earned during the four work week period. (Note that if an employee earns a greater portion of vacation pay, such as 6 per cent of incomes, then the « vacation pay payable » will be based on that greater percentage.)

If an employee is to receive their getaway pay in a swelling amount on a specific date or dates, trip pay will be consisted of in the computation of public holiday pay only if that date or dates falls throughout the relevant four work week period.

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

The four weeks before the public vacation is based on the employer’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 4 work weeks utilized to determine public vacation pay are those four 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 made by the worker and the holiday pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are used in the computation of public holiday pay.

Calculating public holiday pay

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

1. Calculate Iryna’s overall regular earnings made:
$ 120 daily X 5 days = $600 weekly
$ 600 per week X 4 work weeks = $2,400.
Iryna made $2,400 of routine wages in the four work weeks before the general public holiday.

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

3. Total her overall earnings made and holiday 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 involved

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

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

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

3. Total his overall salaries made 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 an employee works part-time and each pay cheque consists of holiday pay

Tegan works 3 days a week and earns $120 a day. She worked her last routinely arranged work day before the public holiday and her very first regularly arranged day after the vacation. She and her employer have actually agreed in composing that she will receive four percent holiday pay on each paycheque.

1. Calculate Tegan’s routine incomes earned:.
$ 120 per day X 3 days = $360 per 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 per week.
$ 14.40 each week X 4 weeks = $57.60.

3. Combine her routine earnings earned and trip 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 trip pay

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

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

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

3. Add together her regular wages made and trip 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 a staff member is on a leave

Zoe generally works five days a week, making $120 a day. She receives holiday pay before she goes on trip. 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 earnings or trip pay. She got maternity and parental gain from the federal Employment Insurance program, but these benefits are ruled out « salaries. »

Zoe is entitled to receive public vacation pay for the public holidays that fall during her leave as long as she works her last regularly arranged day before her leave and her first frequently arranged day after her leave, or has sensible cause for failing to do so.

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

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

– Vacation pay payable: $0 (she was not on trip throughout the 4 work week duration).

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

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

Example: When an employee is on a layoff

Eugene typically works five days a week, making $100 a day. He was placed on short-term layoff on November 15. During his layoff, Eugene was not paid incomes or getaway pay. He received work insurance advantages during this time, however these advantages are not thought about « earnings. »

Eugene was remembered to deal with December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last regularly set up day before the layoff and his first frequently set up day after the layoff, or has reasonable cause for stopping working to do so.

However, due to the fact that Eugene did not earn any salaries or holiday pay in the four work weeks before those 2 public holidays, the amount of public holiday pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a staff member’s routine rate of pay. If a worker is entitled to get premium spend for deal with a public holiday, they must be paid 1 1/2 times their regular rate of spend for each hour worked.

For instance, Nathan’s regular rate of pay is $20 an hour. This indicates that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

An alternative holiday is another working day off work that is designated to replace a public vacation. Employees are entitled to be paid public holiday spend for an alternative holiday.

An alternative holiday need to be arranged for a day that is no behind three months after the general public vacation for which it was earned, or, if the worker has actually concurred digitally or in writing, the alternative day off can be scheduled approximately 12 months after the general public vacation.

If an employee receives an alternative vacation, the employer should provide the worker with a written statement that sets out the general public holiday that is being substituted, the date of the alternative vacation, and the date that the declaration was offered to the employee. This statement should be supplied to the employee before the general public vacation.

Entitlements for public holidays

Entitlements for public holidays vary 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 holiday. The different privileges are set out below.

When a public vacation falls on a working day but the employee does not work

Most employees deserve to get the general public vacation off and get paid public vacation pay. (Some staff members might be needed to work on a public vacation. See « Special rules for particular industries » later in this chapter.)

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

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

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

– public holiday spend for the general public vacation, if the worker accepts this digitally or in composing (in this case, the staff member will not be provided a substitute day of rest).

When an employee who qualifies for the day of rest has agreed electronically or in writing to deal with a public holiday

Most employees deserve to get the general public holiday 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 options:

– the employee is entitled to receive regular earnings for all hours worked on the general public vacation, plus an alternative day of rest deal with public holiday pay;.
or.

– if the staff member agrees electronically or in composing, they are entitled to public vacation pay for the public holiday plus premium spend for all hours dealt with the general public vacation. In this case, the worker will not be provided a substitute day of rest.

Example: Calculating public vacation pay plus premium pay

A public vacation falls on among John-Duncan’s regular working days. He and his company have actually concurred electronically or in composing that he will deal with the general public holiday which, instead of getting a replacement vacation, he will be paid public holiday 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 regular per hour pay rate is $20. He has actually dealt with all his scheduled work days in the four work weeks before the general public holiday. He works 8 hours on the general public vacation. He receives his holiday pay when his holiday is taken. He was not on vacation during the 4 work weeks leading up to the public vacation

Step 1: determine public vacation pay:

1. Calculate John-Duncan’s total regular salaries made in the 4 work weeks before the general public vacation:
8 hours daily X $20 per hour = $160 each day
$ 160 per day X 5 days = $800 each 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 amount of trip pay payable with regard to the 4 work week duration:.
John-Duncan gets his vacation pay when he takes his vacation. Because he was not on holiday throughout the four work week duration, the quantity of getaway pay payable with respect to the four work weeks before the public holiday = $0.

3. Combine his overall incomes earned and holiday pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: compute exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with the 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: John-Duncan is entitled to public holiday pay of $160 and superior pay of $240, for an overall of $400.

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

If a staff member has actually agreed electronically or in writing to work on the general public holiday but does refrain from doing so – and does not have affordable cause for not having done so – the employee has no right to public holiday pay or to an alternative day off with pay.

However, if the staff member has sensible cause for not working the general public vacation, then privileges will depend upon which of the two choices listed below the employee chose in exchange for accepting deal with the general public vacation:

– if the employee had actually agreed digitally or in composing to work on the public vacation for regular earnings plus a substitute day of rest with public vacation pay, the employee is entitled to an alternative day off deal with public holiday pay;.
or.

– if the employee had actually agreed digitally or in composing to work on the general public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation spend for the vacation. The staff member is not entitled to receive any premium pay due to the fact that they did not perform any deal with the vacation.

When a staff member works just a few of the hours they accepted work on a public vacation

If an employee has actually agreed electronically or in writing 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 employee is just entitled to receive superior pay for each hour worked on the vacation. The staff member has no right to public vacation pay or an alternative day off work.

Example: A typical case

Trudi had concurred 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 just to premium spend for the 4 hours she worked on the holiday. She is not entitled to public holiday pay or to an alternative day of rest work.

However, if the staff member has reasonable cause for working just a few of the hours they agreed to work on the public vacation, then:

– the staff member is entitled to their regular rate for all the hours worked plus a substitute day of rest deal with public holiday pay;.
or.

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

Special rules for specific markets

Special rules apply to workers who operate in the following types of companies:

– hotels, motels and tourist resorts;.

– restaurants and taverns;.

– health centers and retirement home;.

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

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

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

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

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

The employer chooses which of these choices will apply.

Note that the company’s capability to require workers to work on a public holiday goes through the employee’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the worker’s employment agreement. Note also that certain retail workers who operate in constant operations (for example, a 24-hour corner store) deserve to refuse to work on a public vacation because of the unique guidelines that use to some retail employees. See the « Retail employees » chapter of this guide to learn more.

A worker in the previously noted businesses who is required to deal with a public vacation that falls on their ordinary working day however fails to do so, with sensible cause, is entitled to:

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

– public vacation spend for the vacation.

The employer selects which alternative will apply.

A staff member in any of these services who is needed to work on a public vacation that falls on their regular working day however 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 routine rate for each hour worked on the holiday plus a replacement vacation with public holiday pay;.
or.

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

The company chooses which option will apply.

A staff member in any of these companies who is needed to deal with a public vacation that falls on their common working day but who fails, without affordable cause, to work part or all of the public vacation is only entitled to receive exceptional spend for each hour worked on the holiday (if any). The employee has no right to public vacation pay or a substitute day off work.

Overtime estimations when a staff member gets premium pay

Any hours dealt with a public vacation that are compensated with exceptional pay are not included when figuring out whether a staff member has worked any overtime hours.

If employment ends

Sometimes an employee’s task concerns an end before the staff member can take a substitute holiday with public holiday pay that they have actually made. In this case, the employer needs to pay the employee’s public vacation pay at the very same time it pays the staff member’s last salaries. This is so despite the factor the task came to an end, whether it is since the staff member quit, was fired for excellent reason, or for some other reason.