Qualified Employees can Be Full-time

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

Alternatively, the staff member can concur digitally or in composing to work on the vacation and be paid:

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

– be paid their routine salaries for all hours dealt with the public vacation and receive another replacement vacation for which they must be paid public vacation pay.

Some staff members might be needed to deal with a public vacation. (See “Special guidelines for certain markets” later in this Chapter.) While a lot of staff members are qualified for the public vacation entitlement, some employees work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To figure out whether a job is covered, or if unique guidelines apply, please refer to the Guide to employment requirements unique guidelines and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular wages does not include any overtime pay, trip pay, employment 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 staff members a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not needed to do so under the ESA.

Performing both covered and exempt work

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

If a worker carries out both type of work, exempt and covered, they are qualified for the general public holiday privilege with regard to a specific 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 motorist (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, 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 qualified for the public vacation privilege for Canada Day.

Qualifying for public holiday privileges

Generally, workers certify for the general public holiday entitlement unless they:

– stop working without sensible cause to work all of their last frequently set up day of work before the general public vacation or employment all of their very first routinely set up day of work after the general public vacation (this is called the “Last and First Rule”);.
or.

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

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

Qualified workers can be full-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 general public holiday.

The “last and first rule”

The “last regularly arranged day of work before the public vacation” and the “first routinely scheduled day of work after the public holiday” do not have to be the days right before and right after the holiday.

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

Reasonable cause

A staff member is usually considered to have “sensible cause” for missing work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had affordable cause for keeping away from work. If they can do so, they still get approved for public vacation entitlements.

How the last and first guideline works

Rosie’s routine work week runs from Monday to Thursday. A public vacation 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 certifies to be paid for the vacation.

Example: When a worker takes a day off

A public vacation falls on a Monday, and Lev’s office closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his company for authorization to remove the Thursday before the general public vacation since he has an individual visit. His employer concurs. Lev’s last regularly set up work day before the vacation is now considered to be on the Wednesday.

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

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the holiday. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, employment she wishes to leave at 3 p.m. on the Thursday before the general public holiday. The employer agrees. Doris’s routinely 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 vacation

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

Example: When a worker is on a leave or layoff

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

Example: When there is no reasonable cause

A public vacation falls on a Monday, and Ellen’s workplace is closed for the holiday. Ellen does not deal with her last scheduled day before the vacation, and she does not have sensible cause for missing that day. She gets no spend for the holiday.

Public vacation pay

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

When to include vacation pay in the estimation of public vacation pay

The amount of trip pay payable to include in the computation of public holiday pay depends upon whether the worker is on trip at any time during the 4 work weeks prior to the public holiday, and the manner in which the employee is to be paid vacation pay. Please describe the Vacation chapter for information on the different methods vacation pay can be paid.

Vacation pay payable

If the employee is to be paid their getaway 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 vacation pay if the staff member was on getaway during that 4 work week duration. If the worker was not on getaway during that period, no vacation pay will be included in the estimation.

If the staff member is to be paid vacation pay with every pay cheque the quantity of vacation pay to consist of in the estimation of public vacation pay will be at least four percent of all of the staff member’s salaries earned throughout the four work week duration. (Note that if a staff member makes a higher portion of trip pay, such as 6 per cent of wages, then the “getaway pay payable” will be based upon that higher portion.)

If a staff member is to receive their holiday pay in a swelling sum on a certain date or dates, trip pay will be consisted of in the estimation of public vacation pay only if that date or dates falls throughout the pertinent 4 work week duration.

Calculating the 4 work week period before the work week with a public vacation

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

Example:

Christmas Day falls on a Tuesday. Suppose that an employer’s work week ranges from Thursday to Wednesday. In this case, the four work weeks used to calculate public vacation pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the company’s work week) before the work week in which the general public 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 incomes made by the staff member and the vacation 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 vacation pay

Iryna works five days a week and makes $120 a day. She worked her last work day before the public vacation and her very first frequently scheduled day after the holiday. She gets her holiday pay when her vacation is taken. She was not on getaway during the 4 work weeks leading up to the public holiday.

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

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

3. Combine her total wages earned and getaway 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 included

Brock works five days a week and makes $160 a day. He was on getaway for two of the 4 weeks before the public vacation. He gets trip pay before he takes his vacation. He is paid $1,600 trip spend for his 2 weeks of vacation. Brock worked his last routinely arranged work day before the public holiday and his very first frequently arranged work day after the holiday.

1. Calculate Brock’s overall routine wages made:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.

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

3. Combine his overall incomes 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 holiday pay.

Example: When an employee 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 regularly scheduled work day before the public vacation and her first routinely set up day after the holiday. She and her company have actually concurred in composing that she will receive four percent vacation pay on each paycheque.

1. Calculate Tegan’s regular incomes earned:.
$ 120 per day X 3 days = $360 each week.
$ 360 each week X 4 weeks = $1,440.

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

3. Total her regular salaries made and vacation pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

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

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

Bertie does not work a set variety of hours per day or employment 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 receive four per cent vacation pay on each pay cheque.

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

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

3. Total her regular incomes earned 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 an employee is on a leave

Zoe typically works five days a week, earning $120 a day. She gets holiday 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 vacation pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these benefits are ruled out “earnings.”

Zoe is entitled to receive public holiday spend for the general public holidays that fall throughout her leave as long as she works her last routinely arranged day before her leave and her very first regularly arranged day after her leave, or has reasonable cause for stopping working to do so.

Zoe went on leave on June 10 and just worked seven days during the four work weeks before the Canada Day public vacation. Her public vacation spend for Canada Day is:

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

– Vacation pay payable: $0 (she was not on vacation during the four work week period).

– Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public holiday 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 made any incomes or vacation 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 put on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or getaway pay. He got work insurance advantages throughout this time, however these benefits are ruled out “salaries.”

Eugene was remembered to work on December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last routinely scheduled day before the layoff and his very first routinely arranged day after the layoff, or has sensible cause for failing to do so.

However, since Eugene did not make any earnings or vacation pay in the 4 work weeks before those 2 public vacations, the quantity of public holiday 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 worker is entitled to receive exceptional spend for deal with a public vacation, they should be paid 1 1/2 times their regular rate of pay for each hour worked.

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

Substitute holiday

An alternative vacation is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public vacation spend for a replacement holiday.

A substitute holiday need to be set up for a day that is no later than three months after the public vacation for which it was made, or, if the worker has agreed electronically or in composing, the substitute day of rest can be arranged up to 12 months after the general public holiday.

If a worker gets a substitute vacation, the company needs to offer the staff member with a written declaration that sets out the public vacation that is being replaced, the date of the alternative vacation, and the date that the declaration was offered to the employee. This declaration should be supplied to the staff member before the general public vacation.

Entitlements for public holidays

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 holiday. The different entitlements are set out listed below.

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

Most employees deserve to get the public holiday off and make money public vacation pay. (Some employees might be needed to work on a public holiday. 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 staff member’s trip

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 substitute holiday off with public holiday pay;.
or.

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

When an employee who gets approved for the day off has actually agreed electronically or in composing to deal with a public vacation

Most workers deserve to get the public vacation off and earn money public vacation pay. However, if a worker agrees digitally or in writing to deal with the public vacation, there are 2 choices:

– the worker is entitled to receive routine earnings for all hours dealt with the public holiday, plus a substitute day of rest deal with public vacation pay;.
or.

– if the worker agrees digitally or in writing, they are entitled to public vacation pay for the public vacation plus premium spend for all hours worked on the general public holiday. In this case, the worker will not be offered an alternative day off.

Example: Calculating public holiday pay plus premium pay

A public holiday falls on one of John-Duncan’s regular working days. He and his company have concurred digitally or in writing that he will deal with the public holiday which, instead of getting a substitute holiday, he will be paid public vacation 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 regular hourly pay rate is $20. He has actually dealt with all his scheduled work days in the 4 work weeks before the public holiday. He works eight hours on the general public holiday. He receives his trip pay when his holiday is taken. He was not on getaway throughout the 4 work weeks leading up to the general public vacation

Step 1: determine public vacation pay:

1. Calculate John-Duncan’s overall routine wages made 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 weekly
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the public vacation.

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

3. Total his total wages earned and trip pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: calculate exceptional 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 holiday pay of $160 and premium pay of $240, for an overall of $400.

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

If a staff member has concurred digitally or in writing to work on the general public vacation however does refrain from doing so – and does not have affordable cause for not having done so – the worker has no right to public vacation pay or to a substitute day off with pay.

However, if the employee has reasonable cause for not working the public holiday, then entitlements will depend upon which of the 2 alternatives listed below the staff member chose in exchange for agreeing to deal with the general public vacation:

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

– if the worker had actually concurred electronically or in writing to work on the public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday spend for the vacation. The employee is not entitled to receive any superior employment pay due to the fact that they did not carry out any deal with the holiday.

When a staff member works only a few of the hours they consented to deal with a public holiday

If a worker has agreed digitally or in writing to deal with the public vacation however works only some of the hours they consented to work, employment and does not have sensible cause for failing to work all of the hours, the worker is only entitled to get superior spend for each hour worked on the vacation. The employee has no right to public holiday pay or an alternative day off work.

Example: A normal case

Trudi had actually agreed in composing that she would work eight hours on Canada Day however she just worked four hours and did not have sensible cause for stopping working to work the other four hours. Trudi is entitled only to premium spend for the four hours she dealt with the holiday. She is not entitled to public holiday pay or to an alternative day of rest work.

However, if the employee has affordable cause for working only a few of the hours they concurred to deal with the general public holiday, then:

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

– if the worker had concurred digitally or in composing to deal with the general public holiday for employment public vacation 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 holiday.

Special guidelines for particular markets

Special rules use to workers who operate in the list below types of services:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– hospitals and nursing homes;.

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

A worker who works in any of these services can be needed to work on a public holiday without their agreement, however just if the vacation falls on a day that the employee would generally work and the worker is not on trip.

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

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

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

The company picks which of these options will apply.

Note that the company’s ability to need workers to deal with a public holiday undergoes the staff member’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note also that particular retail employees who work in constant operations (for example, a 24-hour corner store) can decline to work on a public vacation due to the fact that of the special rules that use to some retail workers. See the “Retail employees” chapter of this guide for additional information.

An employee in the formerly listed services who is needed to deal with a public holiday that falls on their ordinary working day but fails to do so, with sensible cause, is entitled to:

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

– public vacation spend for the vacation.

The employer chooses which option will apply.

A staff member in any of these organizations who is needed to deal with a public holiday that falls on their normal working day but who stops working, with affordable cause, to work a few of the hours they were required to work on the holiday is entitled to either:

– their routine rate for each hour worked on the vacation plus an alternative holiday with public vacation pay;.
or.

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

The company selects which choice will use.

An employee in any of these organizations who is required to deal with a public holiday that falls on their common working day however who stops working, without reasonable cause, to work part or all of the general public vacation is just entitled to receive exceptional pay for each hour dealt with the holiday (if any). The staff member has no right to public vacation pay or an alternative day off work.

Overtime calculations when a staff member gets exceptional pay

Any hours worked on a public holiday that are compensated with exceptional pay are not included when identifying whether a worker has actually worked any overtime hours.

If work ends

Sometimes a worker’s job pertains to an end before the employee can take a substitute holiday with public vacation pay that they have actually made. In this case, the company needs to pay the staff member’s public holiday pay at the very same time it pays the employee’s final earnings. This is so no matter the factor the task pertained to an end, whether it is because the worker quit, was fired for good factor, or for some other reason.