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Company Description
Qualified Employees can Be Full-time
Most employees who qualify are entitled to take nowadays off work and be paid public holiday pay.
Alternatively, the worker can agree electronically or in writing to work on the holiday and be paid:
– public holiday pay plus premium pay for all hours worked on the public holiday and not receive another day off (called a “substitute” holiday);.
or.
– be paid their regular earnings for all hours worked on the general public vacation and receive another alternative vacation for which they need to be paid public vacation pay.
Some workers might be required to deal with a public holiday. (See “Special rules for particular markets” later on in this Chapter.) While many employees are eligible for the general public holiday privilege, some staff members work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if special rules apply, please refer to the Guide to employment requirements unique guidelines and exemptions.
Use the Employment Standards Self-Service Tool to inspect compliance with public holidays and other employment requirements privileges.
See “Public vacation pay” later in this chapter.
Regular incomes does not consist of any overtime pay, holiday pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of task pay payable to a staff member.
While some employers give their staff members a vacation 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 workers carry out more than one sort of work for an employer. A few of this work might be covered by the public vacation part of the ESA, while another kind of work might be exempt from public holiday protection.
If a staff member carries out both type of work, exempt and covered, they are qualified for the public vacation privilege with respect to a specific public vacation if at least half of the work carried out in the work week of the general public vacation is work that is covered.
Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public vacation coverage) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.
Qualifying for public vacation entitlements
Generally, staff members qualify for the public holiday privilege unless they:
– fail without sensible cause to work all of their last regularly scheduled day of work before the public vacation or all of their first frequently arranged day of work after the public holiday (this is called the “Last and First Rule”);.
or.
– stop working without affordable cause to work their entire shift on the general public holiday if they agreed to or were needed to work that day.
Note: Most workers who stop working to get approved for the general public vacation entitlement are still entitled to be paid exceptional spend for every hour they work on the vacation.
Qualified workers can be full-time, part-time, permanent or on term contract. It does not matter how recently they were hired, or the number of days they worked before the public holiday.
The “last and very first guideline”
The “last routinely scheduled day of work before the general public holiday” and the “very first regularly arranged day of work after the general public vacation” do not need 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 worker works all of their last routinely scheduled shift before the vacation and all of the very first one after it, or has sensible cause for not working either of those days, they meet this certifying requirement.
Reasonable cause
An employee is generally thought about to have “sensible cause” for missing work when something beyond their control avoids the staff member from working. Employees are accountable for revealing that they had affordable cause for keeping away from work. If they can do so, they still receive public vacation entitlements.
How the last and first rule works
Rosie’s routine work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s office closes down for that day. If Rosie works the entire shift on the Thursday before the holiday 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: referall.us When an employee takes a day off
A public holiday falls on a Monday, and Lev’s office closes down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for approval to remove the Thursday before the general public holiday because he has a personal visit. His company concurs. Lev’s last regularly arranged work day before the holiday is now considered 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 sensible cause for not working either of those days, he certifies for the paid public vacation.
Example: When a staff member leaves early
A public vacation falls on a Friday, and Doris’s workplace is closed for the vacation. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the general public holiday. The employer agrees. Doris’s regularly arranged shift on the Thursday before the general 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 affordable cause for stopping working to do so, she is entitled to the paid public holiday.
Example: When an employee is on trip
Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last routinely scheduled shift before his vacation and very first routinely arranged shift after his vacation – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will receive the paid public vacation.
Example: When an employee is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last routinely scheduled day of work before her leave, and her very first regularly set up day of work after her leave, or has affordable cause for stopping working to do so, she will be entitled to the paid public vacation.
Example: When there is no affordable cause
A public vacation falls on a Monday, and Ellen’s work environment is closed for the vacation. Ellen does not work on her last scheduled day before the holiday, and she does not have sensible cause for missing that day. She gets no spend for the vacation.
Public vacation pay
The quantity of public vacation pay to which a staff member is entitled is all of the routine salaries earned by the employee in the four work weeks before the work week with the public holiday plus all of the vacation pay payable to the staff member with respect to the four work weeks before the work week with the general public vacation, divided by 20.
When to include holiday pay in the computation of public holiday pay
The amount of vacation pay payable to include in the computation of public holiday pay depends on whether the employee is on vacation at any time throughout the 4 work weeks prior to the public holiday, and the way in which the staff member is to be paid vacation pay. Please refer to the Vacation chapter for details on the different ways getaway pay can be paid.
Vacation pay payable
If the staff member 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 vacation falls, trip pay will be included in the computation of public holiday pay if the worker was on getaway throughout that 4 work week duration. If the worker was not on getaway during that duration, no vacation pay will be consisted of in the calculation.
If the employee is to be paid vacation pay with every pay cheque the amount of getaway pay to consist of in the calculation of public vacation pay will be at least 4 percent of all of the staff member’s incomes made throughout the four work week duration. (Note that if a staff member makes a higher percentage of trip pay, such as six percent of incomes, then the “getaway pay payable” will be based upon that higher portion.)
If an employee is to receive their vacation pay in a swelling sum on a specific date or dates, getaway pay will be included in the estimation of public vacation pay only if that date or dates falls during the relevant four work week period.
Calculating the 4 work week duration before the work week with a public vacation
The four weeks before the public holiday is based on the employer’s work week and is not always 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 calculate public vacation pay are those four weeks counting in reverse from the first Wednesday (the last day of the employer’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 wages earned by the staff member and the trip pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are utilized in the estimation of public vacation pay.
Calculating public holiday pay
Iryna works five days a week and earns $120 a day. She worked her last frequently scheduled work day before the public holiday and her first routinely set up day after the holiday. She receives her holiday pay when her trip is taken. She was not on vacation throughout the four work weeks leading up to the general public holiday.
1. Calculate Iryna’s overall regular earnings made:
$ 120 daily X 5 days = $600 each week
$ 600 weekly X 4 work weeks = $2,400.
Iryna made $2,400 of regular earnings in the 4 work weeks before the public vacation.
2. Calculate the quantity of getaway pay payable with respect to the 4 work week duration:.
Iryna gets her trip pay when she takes her getaway. Because she was not on getaway during the 4 work week duration, the amount of holiday pay payable with respect to the four work weeks before the public vacation = $0.
3. Combine her total salaries made 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 trip time is involved
Brock works five days a week and earns $160 a day. He was on getaway for 2 of the four weeks before the public vacation. He receives getaway pay before he takes his trip. He is paid $1,600 getaway spend for his 2 weeks of getaway. Brock worked his last regularly scheduled work day before the public vacation and his very first regularly scheduled work day after the vacation.
1. Calculate Brock’s total regular wages made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the amount of getaway pay:.
Brock was on trip for 2 of the 4 work weeks prior to the work week with the general public vacation, and is paid vacation pay before he takes his holiday. The quantity of vacation pay payable with respect to the 4 work weeks prior to the work week with the public vacation = $1,600.
3. Total his overall earnings earned and vacation 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 a staff member works part-time and each pay cheque includes getaway pay
Tegan works three days a week and makes $120 a day. She worked her last routinely set up work day before the general public vacation and her very first regularly scheduled day after the vacation. She and her employer have actually agreed in composing that she will receive 4 percent holiday pay on each paycheque.
1. Calculate Tegan’s regular salaries made:.
$ 120 each day X 3 days = $360 each week.
$ 360 per week X 4 weeks = $1,440.
2. Calculate her vacation pay payable:.
$ 4.80 daily (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 each week X 4 weeks = $57.60.
3. Add together her routine wages made and trip 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 holiday pay.
Example: When there are no set hours and each pay cheque consists of vacation pay
Bertie does not work a set number of hours daily or days weekly. Her pay varies from week to week, according to the time she has actually worked. She and her company have agreed in writing that she will receive 4 per cent trip pay on each pay cheque.
1. Bertie’s routine salaries made throughout the four work weeks before the holiday are $1,500.
2. Calculate her holiday pay payable:.
$ 1,500 X 4% = $60.
3. Combine her regular incomes made and getaway pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
Result: Bertie is entitled to $78 public holiday pay.
Example: When a worker is on a leave
Zoe typically works five 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 adult leave.
During her leaves, she was not paid salaries or trip pay. She received maternity and parental gain from the federal Employment Insurance program, however these advantages are ruled out “incomes.”
Zoe is entitled to get public vacation pay for the general public vacations that fall throughout her leave as long as she works her last regularly set up day before her leave and her first frequently 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 four work weeks before the Canada Day public vacation. Her public vacation spend for Canada Day is:
– Regular earnings made: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on vacation throughout the four work week period).
– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.
Her public holiday spend for the rest of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have earned any wages or trip pay on any of the days during the 4 work weeks before each of those vacations.
Example: When a worker is on a layoff
Eugene typically works 5 days a week, making $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid salaries or holiday pay. He received work insurance advantages during this time, but these advantages are ruled out “salaries.”
Eugene was remembered to deal with December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last frequently scheduled day before the layoff and his very first frequently arranged day after the layoff, or has reasonable cause for stopping working to do so.
However, due to the fact that Eugene did not make any salaries or trip pay in the four work weeks before those two public holidays, the quantity of public vacation pay he is entitled to will be $0.
Premium pay
Premium pay is 1 1/2 times a worker’s routine rate of pay. If an employee is entitled to receive premium pay for deal with a public holiday, they must be paid 1 1/2 times their regular rate of spend for each hour worked.
For example, 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 replacement holiday is another working day of rest work that is designated to change a public vacation. Employees are entitled to be paid public holiday pay for an alternative holiday.
A substitute holiday need to be scheduled for a day that is no behind 3 months after the public vacation for which it was earned, or, if the staff member has concurred digitally or in writing, the alternative day off can be scheduled as much as 12 months after the public holiday.
If a worker gets a replacement vacation, the company needs to supply the employee with a composed declaration that sets out the general public holiday that is being replaced, the date of the substitute holiday, and the date that the statement was provided to the staff member. This statement must be offered to the employee before the general public vacation.
Entitlements for public vacations
Entitlements for public holidays vary depending on such things as whether the holiday falls on a working day or a non-working day and whether the worker deals with the vacation. The different entitlements are set out listed below.
When a public vacation falls on a working day but the staff member does not work
Most workers can get the public holiday off and earn money public vacation pay. (Some staff members may be required to work on a public vacation. See “Special rules for specific markets” later in this chapter.)
When a public holiday falls on an employee’s non-working day or during a staff member’s holiday
When a public holiday falls on a day that is not ordinarily a working day for a staff member, or throughout the employee’s vacation, the worker is entitled to either:
– a substitute vacation off with public vacation pay;.
or.
– public holiday pay for the general public holiday, if the staff member agrees to this electronically or in composing (in this case, the worker will not be given a substitute day off).
When a staff member who gets approved for the day of rest has actually agreed digitally or in composing to deal with a public vacation
Most staff members can get the general public vacation off and earn money public vacation pay. However, if an employee concurs digitally or in composing to work on the public holiday, there are two alternatives:
– the employee is entitled to get regular incomes for all hours worked on the public holiday, plus an alternative day of rest work with public holiday pay;.
or.
– if the employee concurs electronically or in composing, they are entitled to public holiday spend for the general public holiday plus premium pay for all hours dealt with the general public vacation. In this case, the employee will not be provided 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 company have agreed digitally or in composing that he will work on the public vacation and that, rather of getting a substitute holiday, he will be paid public vacation pay plus premium spend for all the hours he works on the holiday.
John-Duncan routinely works 8 hours a day, 5 days a week. His routine per hour pay rate is $20. He has actually worked on all his scheduled work days in the four work weeks before the general public holiday. He works eight hours on the public vacation. He receives his getaway pay when his getaway is taken. He was not on trip during the four work weeks leading up to the public holiday
Step 1: compute public vacation pay:
1. Calculate John-Duncan’s total routine wages earned in the four work weeks before the general public holiday:
8 hours daily X $20 per hour = $160 daily
$ 160 per day X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the 4 work weeks before the public vacation.
2. Calculate the quantity of trip pay payable with regard to the 4 work week duration:.
John-Duncan receives his holiday pay when he takes his vacation. Because he was not on vacation throughout the four work week period, the quantity of vacation pay payable with respect to the 4 work weeks before the public holiday = $0.
3. Add together his overall wages earned and holiday pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public holiday pay entitlement is $160.
Step 2: calculate premium pay
Finally, the premium pay owing to John-Duncan for his deal with the general public vacation is computed:.
$ 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 vacation pay of $160 and premium pay of $240, for an overall of $400.
When an employee accepts work on a public holiday but stops working to do so
If a staff member has actually agreed digitally or in composing to work on the general public holiday however does refrain from doing so – and does not have sensible cause for not having done so – the employee has no right to public vacation pay or to a substitute day off with pay.
However, if the worker has affordable cause for not working the public holiday, then privileges will depend on which of the two choices below the worker chose in exchange for consenting to deal with the public holiday:
– if the worker had agreed digitally or in writing to work on the public vacation for regular earnings plus a substitute day off with public vacation pay, the worker is entitled to a substitute day off work with public vacation pay;.
or.
– if the employee had actually agreed digitally or in writing to deal with the general public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the holiday. The employee is not entitled to receive any superior pay because they did not carry out any deal with the vacation.
When a worker works just some of the hours they accepted work on a public vacation
If a staff member has actually concurred electronically or in writing to deal with the public holiday however works only some of the hours they consented to work, and does not have affordable cause for failing to work all of the hours, the staff member is only entitled to receive superior pay for each hour dealt with the vacation. The staff member has no right to public holiday pay or a substitute day off work.
Example: A common case
Trudi had actually concurred in composing that she would work eight hours on Canada Day however she just worked 4 hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled just to premium spend for the 4 hours she dealt with the vacation. She is not entitled to public holiday pay or to an alternative day off work.
However, if the worker has sensible cause for working just some of the hours they consented to work on the general public vacation, then:
– the staff member is entitled to their regular rate for all the hours worked plus an alternative day off work with public holiday pay;.
or.
– if the employee had agreed electronically 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 vacation pay plus premium pay for every hour worked on the vacation.
Special rules for specific industries
Special rules apply to workers who work in the following kinds of companies:
– hotels, motels and traveler resorts;.
– dining establishments and taverns;.
– hospitals and retirement home;.
– continuous 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 company 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 organizations can be required to work on a public holiday without their agreement, however only if the vacation falls on a day that the employee would generally work and the staff member 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 of rest work with public holiday pay;.
or.
– public holiday pay plus premium pay for each hour worked.
The employer selects which of these alternatives will use.
Note that the company’s ability to need workers to work on a public vacation undergoes the staff member’s right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note likewise that particular retail employees who operate in continuous operations (for instance, a 24-hour convenience store) deserve to refuse to work on a public holiday due to the fact that of the special guidelines that use to some retail workers. See the “Retail employees” chapter of this guide to learn more.
A staff member in the formerly noted businesses who is needed to deal with a public vacation that falls on their common working day however fails to do so, with affordable cause, is entitled to:
– an alternative holiday with pay;.
or.
– public holiday spend for the vacation.
The employer picks which alternative will apply.
A staff member in any of these businesses who is needed to deal with a public holiday that falls on their normal working day but who fails, with reasonable cause, to work a few of the hours they were needed to deal with the vacation is entitled to either:
– their regular rate for each hour worked on the holiday plus a replacement vacation with public holiday pay;.
or.
– public vacation pay for the holiday plus premium pay for each hour worked.
The company picks which choice will use.
A staff member in any of these companies who is needed to work on a public holiday that falls on their common working day but who fails, without reasonable cause, to work part or all of the general public holiday is only entitled to receive superior spend for each hour dealt with the vacation (if any). The staff member has no right to public vacation pay or a substitute day off work.
Overtime computations when an employee receives superior pay
Any hours worked on a public holiday that are compensated with premium pay are not included when identifying 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 staff member can take a substitute holiday with public holiday pay that they have earned. In this case, the company needs to pay the worker’s public holiday pay at the exact same time it pays the staff member’s final salaries. This is so no matter the factor the job pertained to an end, whether it is since the staff member gave up, was fired for good factor, or for some other reason.