Qualified Employees can Be Full Time

Most employees who qualify are entitled to take these days off work and be paid public vacation pay.

Alternatively, the staff member can concur digitally or in writing to deal with the holiday and be paid:

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

– be paid their regular salaries for all hours worked on the general public vacation and receive another alternative holiday for which they must be paid public vacation pay.

Some staff members may be needed to deal with a public vacation. (See “Special guidelines for certain industries” later in this Chapter.) While many employees are eligible for the general public holiday privilege, some staff members operate in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To figure out whether a job is covered, or if special guidelines use, please describe the Guide to employment requirements special guidelines and exemptions.

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

See “Public holiday pay” later 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 assignment pay payable to a staff member.

While some companies offer their workers a holiday on Easter Sunday, Easter Monday, the very 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 carry out more than one sort of work for a company. Some of this work might be covered by the public vacation part of the ESA, while another type of work might be exempt from public vacation coverage.

If a staff member performs both type of work, exempt and covered, they are qualified for the public holiday privilege with respect to a particular public vacation if a minimum of 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 taxi driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, at least 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 public vacation entitlement for Canada Day.

Receiving public holiday entitlements

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

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

– stop working without sensible cause to work their whole shift on the general public holiday if they agreed to or were required to work that day.

Note: Most employees who fail to certify for the public vacation privilege are still entitled to be paid exceptional pay for every hour they deal with the vacation.

Qualified staff members can be complete time, part-time, long-term or on term contract. It does not matter how recently they were employed, or the number of days they worked before the public holiday.

The “last and first rule”

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

For instance, a worker might not be scheduled to work the day right before or after the holiday. As long as the worker works all of their last regularly arranged shift before the vacation and all of the very first one after it, or has affordable cause for not working either of those days, they meet this qualifying requirement.

Reasonable cause

An employee is typically thought about to have “affordable cause” for missing out on work when something beyond their control avoids the worker from working. Employees are accountable for revealing that they had affordable cause for staying away from work. If they can do so, they still receive 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 shuts down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the vacation, or has reasonable cause for failing to work either of those days, she certifies to be spent for the holiday.

Example: When an employee takes a day off

A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his employer for permission to remove the Thursday before the general public holiday due to the fact that he has a personal visit. His company concurs. Lev’s last regularly set up work day before the 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 sensible 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 vacation. 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 public vacation. The company agrees. Doris’s regularly arranged shift on the Thursday before the general public holiday 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 affordable cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When a staff member is on getaway

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

Example: When an employee is on a leave or layoff

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

Example: When there is no sensible 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 reasonable cause for missing out on that day. She receives no spend for the vacation.

Public vacation pay

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

When to consist of getaway pay in the estimation of public holiday pay

The quantity of vacation pay payable to consist of in the calculation 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 worker is to be paid holiday pay. Please refer to the Vacation chapter for info on the different ways holiday pay can be paid.

Vacation pay payable

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

If the worker is to be paid getaway pay with every pay cheque the amount of vacation pay to include in the estimation of public vacation pay will be at least four percent of all of the staff member’s earnings earned throughout the 4 work week duration. (Note that if an employee makes a higher portion of getaway pay, such as 6 percent of incomes, then the “trip pay payable” will be based upon that greater percentage.)

If an employee is to get their getaway pay in a lump sum on a specific date or dates, holiday pay will be included in the estimation of public holiday pay only if that date or dates falls throughout the pertinent four work week period.

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

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

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the four work weeks used to compute 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: 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 employee and the holiday pay payable to the worker with respect to the four work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Add together her total wages earned and vacation pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When getaway time is involved

Brock works 5 days a week and earns $160 a day. He was on holiday for two of the four weeks before the general public vacation. He receives vacation pay before he takes his vacation. He is paid $1,600 trip spend for his two weeks of vacation. Brock worked his last regularly set up work day before the general public vacation and his first regularly scheduled work day after the holiday.

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

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

3. Total his overall wages earned and getaway payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public vacation pay.

Example: When a staff member works part-time and each pay cheque includes trip pay

Tegan works three days a week and earns $120 a day. She worked her last regularly arranged work day before the general public holiday and her very first regularly arranged day after the holiday. She and her company have concurred in composing that she will receive 4 percent vacation pay on each paycheque.

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

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

3. Combine her regular wages made 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 vacation pay

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

1. Bertie’s routine incomes earned 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 regular wages earned 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 vacation pay.

Example: When a worker is on a leave

Zoe generally works 5 days a week, making $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 adult leave.

During her leaves, she was not paid wages or trip pay. She got maternity and parental advantages from the federal Employment Insurance program, however these advantages are not thought about “incomes.”

Zoe is entitled to receive public holiday spend for the general public vacations that fall during her leave as long as she works her last routinely set up day before her leave and her very first routinely scheduled day after her leave, or has reasonable cause for failing to do so.

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

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

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

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

Her public holiday pay for the remainder of the public vacations that fall during her leave will be $0. This is because she will not have made any salaries or vacation pay on any of the days throughout the 4 work weeks before each of those vacations.

Example: When an employee is on a layoff

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

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

However, since Eugene did not earn any incomes or trip pay in the 4 work weeks before those two public holidays, the quantity of public holiday pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker’s routine rate of pay. If a worker is entitled to receive exceptional spend for deal with a public holiday, they need to be paid 1 1/2 times their routine 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 vacation

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

A replacement vacation should be set up for a day that is no behind 3 months after the general public holiday for which it was made, or, if the worker has actually agreed digitally or in writing, the alternative day off can be scheduled up to 12 months after the public holiday.

If an employee gets an alternative vacation, the company should supply the staff member with a written declaration that sets out the general public holiday that is being replaced, referall.us the date of the substitute holiday, and the date that the statement was given to the worker. This statement must be provided to the staff member before the general public holiday.

Entitlements for public vacations

Entitlements for public vacations differ depending on such things as whether the vacation falls on a working day or a non-working day and whether the staff member deals with the vacation. The various privileges are set out listed below.

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

Most staff members have the right to get the general public holiday off and earn money public vacation pay. (Some employees might be needed to deal with a public vacation. See “Special rules for certain markets” later in this chapter.)

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

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

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

– public holiday pay for the general public vacation, if the worker consents to this electronically or in writing (in this case, the employee will not be offered an alternative day off).

When a worker who receives the day of rest has actually agreed digitally or in composing to work on a public holiday

Most staff members have the right to get the general public vacation off and earn money public holiday pay. However, if a staff member agrees digitally or in writing to deal with the public vacation, there are 2 alternatives:

– the worker is entitled to receive regular incomes for all hours dealt with the public vacation, plus an alternative day off work with public holiday pay;.
or.

– if the employee concurs electronically or in writing, they are entitled to public holiday spend for the public holiday plus premium spend for all hours dealt with the public vacation. In this case, the employee will not be provided a substitute day of rest.

Example: Calculating public vacation pay plus premium pay

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

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

Step 1: compute public vacation pay:

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

3. Add together his overall incomes made 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 superior 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 privilege is $240.

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

When a worker consents to deal with a public vacation but fails to do so

If a worker has actually concurred digitally or in writing to deal with the general public holiday however does not do so – and does not have reasonable cause for not having done so – the worker has no right to public holiday pay or to a substitute day of rest with pay.

However, if the employee has reasonable cause for not working the public holiday, then entitlements will depend on which of the two options listed below the worker selected in exchange for accepting deal with the general public vacation:

– if the employee had actually agreed electronically or in writing to work on the general public vacation for regular incomes plus an alternative day of rest with public holiday pay, the worker is entitled to an alternative day off work with public vacation pay;.
or.

– if the worker had actually concurred digitally or in writing to work on the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay for the holiday. The staff member is not entitled to receive any superior pay since they did not carry out any work on the holiday.

When a staff member works just some of the hours they accepted deal with a public vacation

If a worker has concurred electronically or in composing to deal with the general public holiday however works just a few of the hours they agreed to work, and does not have reasonable cause for failing to work all of the hours, the worker is just entitled to receive exceptional pay for each hour worked on the holiday. The employee has no right to public vacation pay or an alternative day of rest work.

Example: A normal case

Trudi had actually agreed in composing that she would work 8 hours on Canada Day however she only worked 4 hours and did not have sensible cause for failing to work the other four hours. Trudi is entitled only to premium spend 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 employee has sensible cause for working just a few of the hours they accepted deal with the general public holiday, then:

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

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

Special rules for certain industries

Special rules apply to workers who work in the list below kinds of services:

– 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 when a week – such as an oil refinery, alarm-monitoring business or the video games part of a gambling establishment if the video games tables are open around the clock).

An employee who operates in any of these services can be needed to deal with a public vacation without their arrangement, however only if the holiday falls on a day that the staff member would usually work and the staff member is not on vacation.

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

– their regular rate for the hours dealt with the general public holiday, plus an alternative day of rest deal with public vacation pay;.
or.

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

The employer chooses which of these options will apply.

Note that the employer’s capability to need workers to deal with a public vacation goes through the worker’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note likewise that specific retail employees who operate in continuous operations (for example, a 24-hour benefit store) have the right to decline to work on a public vacation due to the fact that of the unique rules that use to some retail workers. See the “Retail workers” chapter of this guide for more information.

A staff member in the formerly noted businesses who is required to deal with a public vacation that falls on their ordinary working day but stops working to do so, with affordable cause, is entitled to:

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

– public vacation pay for the holiday.

The company chooses which option will apply.

A worker in any of these companies who is needed to deal with a public vacation that falls on their ordinary working day but who stops working, with sensible cause, to work some of the hours they were needed to work on the vacation is entitled to either:

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

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

The company chooses which option will apply.

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

Overtime estimations when an employee receives superior pay

Any hours worked on a public vacation that are compensated with superior pay are not included when identifying whether an employee has actually worked any overtime hours.

If work ends

Sometimes a worker’s task concerns an end before the employee can take a replacement vacation with public holiday pay that they have earned. In this case, the employer needs to pay the staff member’s public vacation pay at the very same time it pays the staff member’s last wages. This is so regardless of the factor the task concerned an end, whether it is since the worker stopped, was fired for good factor, or for some other factor.