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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 electronically or in writing to deal with the holiday and be paid:

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

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

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

Use the Employment Standards Self-Service Tool to inspect compliance with public vacations and other work requirements entitlements.

See “Public holiday pay” later in this chapter.

Regular salaries does not include any overtime pay, getaway pay, public vacation pay, premium pay, domestic or employment sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to a worker.

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

Performing both covered and exempt work

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

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

Rupert works for a taxi company as both a taxi cab driver (work that is exempt from public vacation 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 holiday part of the ESA, he is qualified for the public vacation entitlement for Canada Day.

Getting approved for public holiday entitlements

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

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

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

Note: Most workers who fail to receive the public holiday privilege are still entitled to be paid superior pay for every hour they work on the holiday.

Qualified staff members can be full time, part time, permanent or on term agreement. It does not matter how recently they were worked with, or the number of days they worked before the public vacation.

The “last and first guideline”

The “last frequently set up day of work before the public vacation” and the “first regularly set up day of work after the general public vacation” do not need to be the days right previously and right after the holiday.

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

Reasonable cause

A staff member is typically considered to have “sensible cause” for missing work when something beyond their control avoids the worker from working. Employees are responsible for revealing that they had sensible cause for staying 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 regular work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s work environment closes down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the holiday, or has affordable cause for failing to work either of those days, she qualifies to be paid for the holiday.

Example: When a staff member takes a day off

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

If Lev works his entire Wednesday shift before the holiday and his whole Tuesday shift after the vacation, or has reasonable 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 workplace 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 vacation. The company agrees. Doris’s routinely scheduled shift on the Thursday before the 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 failing to do so, she is entitled to the paid public vacation.

Example: When a staff member is on trip

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

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

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last frequently arranged day of work before her leave, and her first regularly set up 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 reasonable 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 vacation, and she does not have reasonable cause for missing out on that day. She receives no pay for the vacation.

Public holiday pay

The quantity of public holiday pay to which an employee 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 trip pay payable to the employee with regard to the 4 work weeks before the work week with the general public holiday, divided by 20.

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

The quantity of holiday pay payable to consist of in the estimation of public vacation pay depends on whether the employee is on trip at any time throughout the 4 work weeks prior to the general public holiday, and the way in which the staff member is to be paid getaway pay. Please describe the Vacation chapter for information on the various methods vacation pay can be paid.

Vacation pay payable

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

If the worker is to be paid getaway pay with every pay cheque the amount of holiday pay to consist of in the estimation of public vacation pay will be at least four per cent of all of the staff member’s wages made throughout the 4 work week duration. (Note that if a worker earns a greater portion of trip pay, such as six percent of salaries, then the “holiday pay payable” will be based upon that greater portion.)

If a staff member is to receive their trip pay in a lump sum on a certain date or dates, getaway pay will be included in the calculation of public vacation pay only if that date or dates falls throughout the relevant four work week period.

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

The four weeks before the public holiday is based upon the company’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 determine public vacation pay are those four weeks counting backwards from the first Wednesday (the last day of the company’s work week) before the work week in which the public holiday 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 salaries earned by the worker and the holiday pay payable to the worker with regard to the four 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 frequently scheduled work day before the public holiday and her very first frequently scheduled day after the holiday. She gets her trip pay when her holiday is taken. She was not on vacation during the four work weeks leading up to the public vacation.

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

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

3. Total her overall wages earned and holiday 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 getaway time is included

Brock works five days a week and employment earns $160 a day. He was on holiday for two of the 4 weeks before the public holiday. He gets getaway pay before he takes his holiday. He is paid $1,600 vacation spend for his two weeks of getaway. Brock worked his last frequently scheduled work day before the public holiday and his very first frequently arranged work day after the holiday.

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

2. Calculate the amount of holiday pay:.
Brock was on vacation for two of the 4 work weeks prior to the work week with the general public vacation, and is paid getaway 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 vacation = $1,600.

3. Total his total earnings 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 holiday pay.

Example: When a staff member 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 regularly arranged work day before the public vacation and her very first regularly scheduled day after the holiday. She and her company have actually agreed in writing that she will get four percent getaway pay on each paycheque.

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

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

3. Add together her regular wages made and vacation pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque consists of trip pay

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

1. Bertie’s regular earnings made throughout the 4 work weeks before the holiday are $1,500.

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

3. Total her routine incomes made and holiday pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is to $78 public vacation pay.

Example: employment When an employee is on a leave

Zoe normally works 5 days a week, earning $120 a day. She gets getaway 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 parental take advantage of the federal Employment Insurance program, however these benefits are ruled out “salaries.”

Zoe is entitled to receive public vacation spend for the public vacations that fall throughout her leave as long as she works her last routinely arranged day before her leave and her very first routinely set up 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 throughout the 4 work weeks before the Canada Day public holiday. Her public vacation pay for Canada Day is:

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

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

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

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

Example: When a worker is on a layoff

Eugene usually works five days a week, earning $100 a day. He was placed on momentary layoff on November 15. During his layoff, Eugene was not paid incomes or holiday pay. He got employment insurance coverage benefits during this time, but these advantages are not considered “incomes.”

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 first routinely set up day after the layoff, or has sensible cause for failing 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 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 a staff member is entitled to receive premium pay for work on a public vacation, they must be paid 1 1/2 times their routine rate of pay for each hour worked.

For instance, 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 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 spend for employment an alternative holiday.

An alternative vacation should be set up for a day that is no behind 3 months after the general public vacation for which it was earned, or, if the employee has agreed digitally or in writing, the substitute day off can be arranged as much as 12 months after the general public vacation.

If an employee receives a substitute vacation, the employer must supply the worker with a composed statement that sets out the general public vacation that is being substituted, the date of the substitute holiday, and the date that the statement was provided to the worker. This declaration must be offered to the worker before the public holiday.

Entitlements for public holidays

Entitlements for public vacations differ depending on such things as whether the holiday falls on a working day or a non-working day and whether the worker works on the holiday. The various privileges are set out listed below.

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

Most workers deserve to get the public vacation off and earn money public holiday pay. (Some staff members might be required to work on a public vacation. See “Special guidelines for particular markets” later in this chapter.)

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

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

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

– public vacation spend for the general public vacation, if the staff member concurs to this electronically or in writing (in this case, the worker will not be provided a substitute day of rest).

When an employee who receives the day of rest has concurred digitally or in composing to deal with a public vacation

Most workers have the right to get the general public holiday off and make money public vacation pay. However, if an employee agrees electronically or in composing to work on the general public holiday, there are two choices:

– the worker is entitled to receive routine salaries for all hours worked on the general public holiday, plus a substitute day of rest work with public holiday pay;.
or.

– if the worker concurs electronically or in writing, they are entitled to public holiday pay for the public holiday plus premium spend for all hours dealt with the public holiday. In this case, the staff member will not be offered a substitute day off.

Example: Calculating public vacation pay plus premium pay

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

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

Step 1: determine public holiday pay:

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

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

3. Combine 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 holiday pay privilege is $160.

Step 2: determine exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with the general 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 privilege is $240.

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

When an employee agrees to work on a public holiday but fails to do so

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

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

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

– if the staff member had actually concurred 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 holiday spend for the vacation. The employee is not entitled to get any exceptional pay since they did not perform any deal with the vacation.

When a worker works only a few of the hours they concurred to deal with a public holiday

If a staff member has agreed electronically or in composing to deal with the public holiday however works only some of the hours they accepted work, and does not have sensible cause for stopping working to work all of the hours, the staff member is just entitled to receive superior spend for each hour worked on the vacation. The staff member has no right to public vacation pay or a substitute day of rest work.

Example: A typical case

Trudi had actually concurred in composing that she would work 8 hours on Canada Day but she only worked four hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled just to premium pay for the four hours she worked on the vacation. She is not entitled to public holiday pay or to an alternative day off work.

However, if the employee has sensible cause for working only some of the hours they agreed to work on the general public vacation, then:

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

– if the staff member had actually concurred electronically or employment in composing to deal with the public holiday 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 dealt with the vacation.

Special rules for specific markets

Special rules apply to workers who operate in the list below kinds of businesses:

– hotels, motels and tourist resorts;.

– restaurants and pubs;.

– healthcare facilities and nursing homes;.

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

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

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

– their regular rate for the hours worked on the general public vacation, plus an alternative day off deal with public holiday pay;.
or.

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

The company picks which of these options will use.

Note that the company’s capability to need employees to work on a public holiday undergoes the worker’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the terms of the employee’s employment agreement. Note also that specific retail workers who operate in continuous operations (for example, a 24-hour convenience store) deserve to decline to work on a public holiday because of the unique guidelines that use to some retail employees. See the “Retail workers” chapter of this guide for more info.

A worker in the previously noted organizations 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 holiday.

The employer chooses which alternative will use.

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

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

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

The company selects which choice will apply.

A worker in any of these services 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 vacation is only entitled to get premium pay for each hour worked on the holiday (if any). The employee has no right to public vacation pay or a substitute day of rest work.

Overtime calculations when a worker receives exceptional pay

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

If employment ends

Sometimes a staff member’s task comes to an end before the employee can take an alternative vacation with public holiday pay that they have actually earned. In this case, the company must pay the worker’s public holiday pay at the exact same time it pays the worker’s last earnings. This is so despite the factor the job pertained to an end, whether it is due to the fact that the worker quit, was fired for great reason, or for some other reason.