Qualified Employees can Be Full Time

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

Alternatively, the employee can agree electronically or in writing to work on the vacation and be paid:

– public holiday pay plus premium pay for all hours worked on the public vacation and not receive another day off (called a “replacement” vacation);.
or.

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

Some workers might be required to work on a public vacation. (See “Special guidelines for specific industries” later on in this Chapter.) While a lot of staff members are eligible for the general public vacation entitlement, some staff members work 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 unique rules use, 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 standards privileges.

See “Public vacation pay” later on in this chapter.

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

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

Performing both covered and exempt work

Some employees carry out more than one kind of work for a company. Some of this work may be covered by the public vacation part of the ESA, while another kind of work might be exempt from public holiday coverage.

If an employee performs both kinds of work, exempt and covered, they are qualified for the general public vacation entitlement with regard to a specific public holiday if at least half of the work carried out in the work week of the general 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 holiday protection) 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 holiday part of the ESA, he is qualified for the general public holiday privilege for Canada Day.

Getting approved for public vacation entitlements

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

– stop working without affordable cause to work all of their last regularly scheduled day of work before the public vacation or all of their first routinely set up day of work after the public holiday (this is called the “Last and First Rule”);.
or.

– fail without sensible cause to work their whole shift on the public vacation if they agreed to or were needed to work that day.

Note: Most employees who fail to receive the general public holiday entitlement are still entitled to be paid superior employment spend for every hour they work on the holiday.

Qualified staff members can be complete time, part time, irreversible or on term agreement. It does not matter how just recently they were employed, or how lots of days they worked before the general public vacation.

The “last and very first guideline”

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

For employment example, an employee may not be arranged to work the day right before or after the vacation. As long as the staff member works all of their last regularly set up shift before the vacation and all of the first one after it, or has reasonable cause for not working either of those days, they satisfy this certifying requirement.

Reasonable cause

A worker is generally thought about to have “sensible cause” for missing work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had affordable cause for staying 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 ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace shuts down for that day. If Rosie works the whole shift on the Thursday before the holiday 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: employment When a worker takes a day off

A public holiday falls on a Monday, and Lev’s work environment closes down for that day. Lev frequently works Monday to Thursday. Lev has asked his employer for authorization to take off the Thursday before the general public vacation since he has a personal appointment. His employer concurs. Lev’s last frequently set up work day before the holiday is now considered 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 sensible cause for not working either of those days, he gets approved for the paid public holiday.

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris’s office 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 public vacation. The company concurs. Doris’s routinely scheduled 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 reasonable cause for failing to do so, she is entitled to the paid public holiday.

Example: When a worker is on holiday

Canada Day falls on July 1. George is on holiday from June 25 to July 9. If George works all of his last frequently scheduled shift before his trip and very first routinely 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 occurs. If Lydia works her last regularly arranged day of work before her leave, and her very first regularly set up day of work after her leave, or has reasonable 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 holiday 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 reasonable cause for missing that day. She receives no pay for the holiday.

Public holiday pay

The amount of public holiday pay to which a worker 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 trip pay payable to the staff member with regard to the four work weeks before the work week with the public holiday, divided by 20.

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

The amount of trip pay payable to include in the calculation of public vacation pay depends upon whether the staff member is on vacation at any time throughout the 4 work weeks prior to the general public vacation, and the manner in which the staff member is to be paid trip pay. Please describe the Vacation chapter for information on the various methods holiday pay can be paid.

Vacation pay payable

If the staff member is to be paid their trip pay before they take a holiday or on or before the pay day for the duration in which the getaway falls, trip pay will be consisted of in the computation of public holiday pay if the staff member was on holiday throughout that 4 work week duration. If the staff member was not on getaway throughout that period, no holiday pay will be consisted of in the computation.

If the worker is to be paid vacation pay with every pay cheque the quantity of vacation pay to consist of in the calculation of public holiday pay will be at least four per cent of all of the worker’s earnings earned during the four work week duration. (Note that if a staff member earns a greater portion of trip pay, such as six percent of incomes, then the “trip pay payable” will be based on that greater percentage.)

If an employee is to receive their getaway pay in a swelling sum on a specific date or dates, vacation pay will be consisted of in the estimation of public vacation pay only if that date or dates falls throughout the relevant four work week duration.

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

The 4 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 an employer’s work week runs from Thursday to Wednesday. In this case, the four work weeks utilized to compute public vacation pay are those four weeks counting backwards from the very first Wednesday (the last day of the employer’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 vacation: Tuesday, December 25

In this example, the routine incomes made by the staff member and the holiday pay payable to the staff member with regard to the four 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 earns $120 a day. She worked her last routinely set up work day before the public holiday and her first routinely scheduled day after the holiday. She gets her getaway pay when her trip is taken. She was not on trip during the 4 work weeks leading up to the general public vacation.

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

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

3. Total her overall incomes made and getaway pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is to $120 public holiday pay.

Example: When holiday time is involved

Brock works 5 days a week and makes $160 a day. He was on getaway for 2 of the four weeks before the general public vacation. He receives getaway pay before he takes his getaway. He is paid $1,600 getaway pay for his 2 weeks of vacation. Brock worked his last regularly set up work day before the public vacation and his very first regularly arranged work day after the holiday.

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

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

3. Add together his overall earnings earned and getaway 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 holiday 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 first frequently scheduled day after the vacation. She and her company have concurred in writing that she will get 4 percent holiday pay on each paycheque.

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

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

3. Add together 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 holiday 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 each 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 agreed in writing that she will receive 4 percent trip pay on each pay cheque.

1. Bertie’s regular salaries made during 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 salaries earned and vacation 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 normally works five days a week, earning $120 a day. She gets vacation 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 wages or getaway pay. She got maternity and adult gain from the federal Employment Insurance program, however these advantages are ruled out “earnings.”

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

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

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

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

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

Example: When an employee is on a layoff

Eugene typically works five days a week, earning $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or holiday pay. He received employment insurance coverage advantages during this time, however these advantages are ruled out “wages.”

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

However, since Eugene did not earn any wages or getaway pay in the 4 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 regular rate of pay. If a staff member is entitled to get exceptional pay for work on a public vacation, they must be paid 1 1/2 times their routine rate of spend for each hour worked.

For instance, Nathan’s regular 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 vacation

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

A replacement vacation must be arranged for a day that is no later on than 3 months after the general public holiday for which it was earned, or, if the staff member has agreed digitally or in writing, the substitute day of rest can be scheduled approximately 12 months after the public holiday.

If a staff member receives an alternative vacation, the company needs to offer the worker with a written statement that sets out the general public holiday that is being substituted, the date of the alternative holiday, and the date that the statement was provided to the worker. This statement should be provided to the employee before the general public vacation.

Entitlements for public holidays

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

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

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

When a public vacation falls on a worker’s non-working day or throughout a worker’s vacation

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

– a substitute vacation off with public holiday pay;.
or.

– public holiday spend for the public vacation, if the worker accepts this digitally or in writing (in this case, the worker will not be offered a substitute day of rest).

When a worker who gets approved for the day off has concurred electronically or in composing to work on a public holiday

Most workers have the right to get the public vacation off and earn money public vacation pay. However, if an employee agrees electronically or in composing to deal with the public vacation, there are 2 choices:

– the employee is entitled to receive routine earnings for all hours worked on the general public vacation, plus an alternative day off work with public holiday pay;.
or.

– if the worker concurs digitally or in composing, they are entitled to public holiday pay for the general public vacation plus premium spend for all hours worked on the general public holiday. In this case, the worker will not be offered a substitute day of rest.

Example: Calculating public vacation pay plus premium pay

A public vacation falls on one of John-Duncan’s regular working days. He and his company have actually agreed electronically or in writing that he will deal with the general public vacation which, rather of getting a substitute holiday, he will be paid public vacation pay plus premium pay for all the hours he deals with the holiday.

John-Duncan routinely works eight hours a day, five days a week. His regular per hour pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the general public vacation. He works eight hours on the public vacation. He gets his getaway pay when his vacation is taken. He was not on getaway during the four work weeks leading up to the general public vacation

Step 1: determine public vacation pay:

1. Calculate John-Duncan’s total routine incomes earned in the 4 work weeks before the general public holiday:
8 hours daily X $20 per hour = $160 per day
$ 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 vacation.

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

3. Combine his overall earnings 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 entitlement is $160.

Step 2: determine superior pay

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

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

When a staff member agrees to deal with a public holiday but fails to do so

If a staff member has concurred digitally or in writing to deal with the public holiday however does not do so – and does not have affordable cause for employment not having done so – the worker has no right to public holiday pay or to a substitute day off with pay.

However, if the staff member has sensible cause for not working the general public vacation, then privileges will depend on which of the two alternatives below the staff member selected in exchange for concurring to deal with the general public vacation:

– if the employee had actually agreed digitally or in writing to work on the public vacation for routine incomes plus a substitute day of rest with public vacation pay, the worker is entitled to a substitute day off deal with public holiday pay;.
or.

– if the worker had concurred electronically or in composing to deal with the general public vacation for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay for the vacation. The worker is not entitled to get any exceptional pay due to the fact that they did not carry out any deal with the vacation.

When a staff member works just a few of the hours they consented to work on a public holiday

If a staff member has concurred digitally or in composing to work on the public vacation however works only a few of the hours they accepted work, and employment does not have reasonable cause for failing to work all of the hours, the employee is just entitled to receive superior spend for each hour dealt with the vacation. The employee has no right to public vacation pay or a substitute day of rest work.

Example: A typical case

Trudi had agreed in writing that she would work 8 hours on Canada Day but she only worked four hours and did not have sensible 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 vacation pay or to an alternative day off work.

However, if the employee has affordable cause for working just a few of the hours they accepted deal with the public vacation, then:

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

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

Special rules for particular markets

Special guidelines use to workers who operate in the list below kinds of organizations:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– hospitals and employment retirement home;.

– 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 business or the video games part of a casino if the games tables are open all the time).

An employee who operates in any of these organizations can be needed to work on a public holiday without their contract, however only if the vacation falls on a day that the employee would typically work and the staff member is not on getaway.

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

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

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

The employer picks which of these options will apply.

Note that the employer’s capability to need staff members to work on a public holiday undergoes the staff member’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the staff member’s work contract. Note also that particular retail workers who operate in continuous operations (for instance, a 24-hour corner store) deserve to refuse to work on a public holiday because of the special rules that use to some retail workers. See the “Retail employees” chapter of this guide for more information.

A worker in the previously listed companies who is required to deal with a public holiday that falls on their regular working day but fails to do so, with reasonable cause, is entitled to:

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

– public holiday pay for the vacation.

The employer picks which option will apply.

A worker in any of these services who is required to work on a public vacation that falls on their ordinary working day however who fails, with affordable cause, to work some of the hours they were needed to deal with the vacation is entitled to either:

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

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

The company selects which choice will apply.

A staff member in any of these companies who is needed to deal with a public holiday that falls on their normal working day however who fails, without affordable cause, to work part or all of the public holiday is just entitled to get premium pay for each hour dealt with the vacation (if any). The staff member has no right to public holiday pay or a substitute day off work.

Overtime calculations when a staff member receives premium pay

Any hours worked on a public vacation that are compensated with superior pay are not included when determining whether a staff member has worked any overtime hours.

If employment ends

Sometimes a worker’s job concerns an end before the worker can take an alternative holiday with public holiday pay that they have actually earned. In this case, the company should pay the staff member’s public holiday pay at the same time it pays the staff member’s final earnings. This is so despite the reason the task concerned an end, whether it is due to the fact that the worker stopped, was fired for good reason, or for some other factor.