Qualified Employees can Be Full Time

Most employees who certify 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 vacation and be paid:

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

– be paid their routine salaries for all hours dealt with the general public vacation and get another substitute vacation for which they need to be paid public vacation pay.

Some employees may be needed to deal with a public holiday. (See “Special guidelines for specific industries” later in this Chapter.) While a lot of workers are qualified for the public vacation privilege, some workers operate in jobs that are not covered by the provisions of the Employment Standards Act (ESA). To figure out whether a task is covered, or if special guidelines apply, please refer to the Guide to employment standards special guidelines and exemptions.

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

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

Regular salaries does not consist of any overtime pay, vacation 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 employers give their workers a vacation on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.

Performing both covered and exempt work

Some staff members carry out more than one sort of work for an employer. Some of this work might be covered by the public holiday part of the ESA, while another type of work may be exempt from public holiday protection.

If an employee performs both kinds of work, exempt and covered, they are eligible for the public holiday privilege with regard to a specific public holiday if a minimum of half of the work performed in the work week of the general 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 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 eligible for employment the public vacation entitlement for Canada Day.

Receiving public holiday privileges

Generally, staff members get approved for the public vacation entitlement unless they:

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

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

Note: Most employees who stop working to qualify for the public vacation entitlement are still entitled to be paid exceptional spend for every hour they work on the vacation.

Qualified staff members can be full-time, part time, irreversible or on term contract. It does not matter how recently they were hired, or how numerous days they worked before the general public vacation.

The “last and very first rule”

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

For instance, an employee might not be set up to work the day right before or after the holiday. As long as the worker works all of their last frequently arranged 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 qualifying criterion.

Reasonable cause

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

How the last and very first guideline works

Rosie’s routine work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace 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 reasonable cause for failing to work either of those days, she qualifies to be spent for the holiday.

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev regularly works Monday to Thursday. Lev has asked his company for authorization to remove the Thursday before the public vacation due to the fact that he has an individual visit. His employer agrees. Lev’s last routinely arranged work day before the vacation is now thought about to be on the Wednesday.

If Lev works his whole Wednesday shift before the vacation and his whole Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he gets approved for 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 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 vacation. The employer concurs. Doris’s frequently arranged shift on the Thursday before the public holiday 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 stopping working to do so, she is entitled to the paid public vacation.

Example: When an employee 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 arranged shift before his holiday and first routinely arranged shift after his holiday – on June 24 and July 10 – or has sensible cause for stopping working to do so, he will receive the paid public holiday.

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

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

Example: When there is no affordable cause

A public vacation falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not deal with her last scheduled day before the vacation, and she does not have reasonable cause for missing out on that day. She receives no pay for the vacation.

Public holiday pay

The quantity of public vacation pay to which a staff member is entitled is all of the routine wages made by the employee in the 4 work weeks before the work week with the public holiday plus all of the holiday pay payable to the worker with respect to the 4 work weeks before the work week with the general public holiday, divided by 20.

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

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

Vacation pay payable

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

If the worker is to be paid trip pay with every pay cheque the amount of vacation pay to consist of in the estimation of public vacation pay will be at least 4 percent of all of the employee’s earnings earned during the 4 work week period. (Note that if an employee earns a greater percentage of holiday pay, such as 6 percent of salaries, then the “vacation pay payable” will be based on that higher portion.)

If a staff member is to get their vacation pay in a lump sum on a specific date or dates, getaway pay will be consisted of in the estimation of public vacation pay just if that date or dates falls during the relevant 4 work week duration.

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

The 4 weeks before the general public vacation is based upon 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 ranges from Thursday to Wednesday. In this case, the 4 work weeks used to determine 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 regular salaries made by the employee and the trip pay payable to the staff member with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public vacation pay.

Calculating public holiday pay

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

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

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

3. Add together her overall wages made 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 vacation time is involved

Brock works five days a week and makes $160 a day. He was on trip for 2 of the 4 weeks before the general public vacation. He receives trip pay before he takes his vacation. He is paid $1,600 vacation pay for his 2 weeks of trip. Brock worked his last regularly scheduled work day before the public vacation and his first frequently arranged work day after the vacation.

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

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

3. Total his overall incomes earned and vacation payable and employment 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 consists of vacation pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely arranged work day before the general public vacation and her first routinely set up day after the holiday. She and her company have agreed in writing that she will get 4 percent vacation pay on each paycheque.

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

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

3. Combine her routine wages made and holiday 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 includes trip pay

Bertie does not work a set variety of hours per day or days per week. Her pay varies from week to week, according to the time she has worked. She and her employer have concurred in composing that she will receive 4 per cent trip pay on each pay cheque.

1. Bertie’s routine incomes made during the 4 work weeks before the vacation are $1,500.

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

3. Add together her regular earnings made and vacation pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public vacation pay.

Example: When an employee is on a leave

Zoe typically works 5 days a week, earning $120 a day. She receives getaway pay before she goes on getaway. 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 earnings or holiday pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these advantages are ruled out “earnings.”

Zoe is entitled to receive public vacation spend for the general public vacations that fall during her leave as long as she works her last routinely arranged day before her leave and her very first frequently arranged day after her leave, or has affordable cause for stopping working to do so.

Zoe went on leave on June 10 and only worked 7 days throughout the 4 work weeks before the Canada Day public holiday. Her public vacation spend for Canada Day is:

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

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

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

Her public holiday spend for the remainder of the public vacations that fall throughout her leave will be $0. This is because she will not have actually made any earnings or vacation 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 generally works 5 days a week, earning $100 a day. He was positioned on short-lived layoff on November 15. During his layoff, Eugene was not paid salaries or vacation pay. He got employment insurance coverage advantages throughout this time, but these benefits are not thought about “salaries.”

Eugene was remembered 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 scheduled day before the layoff and his first frequently set up day after the layoff, or has affordable cause for failing to do so.

However, because Eugene did not make any incomes or trip pay in the 4 work weeks before those 2 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 staff member’s routine rate of pay. If a worker is entitled to receive exceptional spend for work on a public holiday, they should be paid 1 1/2 times their routine rate of pay for each hour worked.

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

Substitute vacation

A replacement holiday is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday pay for an alternative holiday.

A replacement vacation should be scheduled for a day that is no behind 3 months after the general public holiday for which it was earned, or, if the worker has concurred digitally or in composing, the alternative day of rest can be arranged as much as 12 months after the general public holiday.

If an employee receives a replacement holiday, the employer should offer the staff member with a written declaration that sets out the general public holiday that is being substituted, the date of the substitute vacation, and the date that the statement was provided to the staff member. This statement should be offered to the employee before the general public vacation.

Entitlements for public vacations

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

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

Most workers can get the public holiday off and get paid public vacation pay. (Some workers might be required to work on a public vacation. See “Special guidelines for specific markets” later in this chapter.)

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

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

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

– public holiday pay for the public vacation, if the staff member consents to this electronically or in composing (in this case, the employee will not be given an alternative day off).

When an employee who receives the day of rest has actually concurred electronically or in composing to work on a public vacation

Most staff members deserve to get the public holiday off and get paid public holiday pay. However, if a worker agrees digitally or in composing to deal with the general public holiday, there are 2 options:

– the worker is entitled to get regular incomes for all hours worked on the public holiday, plus an alternative day of rest deal with public vacation pay;.
or.

– if the staff member agrees electronically or in composing, 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 employee will not be offered a substitute day off.

Example: Calculating public holiday pay plus premium pay

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

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

Step 1: employment determine public vacation pay:

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

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

3. Add together his total incomes earned and holiday 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: compute exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with 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 exceptional pay of $240, for a total of $400.

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

If a staff member has agreed digitally or in composing to deal with the public holiday however does refrain from doing so – and does not have sensible cause for not having actually done so – the staff member 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 general public vacation, then entitlements will depend upon which of the two alternatives listed below the worker picked in exchange for consenting to work on the public vacation:

– if the worker had agreed electronically or in composing to work on the public holiday for routine incomes plus an alternative day of rest with public holiday pay, the worker is entitled to an alternative day off work with public holiday pay;.
or.

– if the staff member had concurred electronically or in composing to deal with the general public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the holiday. The employee is not entitled to get any premium pay because they did not perform any deal with the holiday.

When a staff member works just a few of the hours they concurred to deal with a public vacation

If an employee has agreed digitally or in composing to work on the general public vacation but works just a few of the hours they agreed to work, and does not have reasonable cause for stopping working to work all of the hours, the employee is just entitled to get exceptional spend for each hour dealt with the holiday. The employee has no right to public holiday pay or a substitute day off work.

Example: A normal case

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

However, if the staff member has reasonable cause for working only a few of the hours they accepted deal with the public holiday, then:

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

– if the staff member had agreed digitally or in composing to work on the public vacation for employment public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour worked on the vacation.

Special guidelines for certain markets

Special guidelines apply to employees who operate in the following kinds of companies:

– hotels, motels and traveler resorts;.

– dining establishments and taverns;.

– healthcare facilities and assisted living home;.

– constant 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 company or the video games part of a gambling establishment if the games tables are open all the time).

An employee who works in any of these businesses can be required to deal with a public vacation without their contract, however just if the vacation falls on a day that the worker would usually work and the employee is not on getaway.

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

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

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

The company picks which of these options will apply.

Note that the company’s ability to require staff members to work on a public holiday goes through the staff member’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the employee’s employment agreement. Note likewise that certain retail workers who work in constant operations (for instance, a 24-hour convenience shop) can refuse to work on a public holiday due to the fact that of the special rules that apply to some retail workers. See the “Retail employees” chapter of this guide for more details.

A staff member in the formerly noted services who is needed to work on a public holiday that falls on their regular working day however fails to do so, with reasonable cause, is entitled to:

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

– public vacation pay for the vacation.

The company picks which alternative will use.

A worker in any of these companies who is required to deal with a public vacation that falls on their common working day however who stops working, employment with sensible 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 dealt with the vacation plus an alternative vacation with public holiday pay;.
or.

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

The employer selects which option will use.

An employee in any of these companies who is needed to deal with a public holiday that falls on their ordinary working day however who stops working, employment without reasonable cause, to work part or all of the public holiday is just entitled to get superior employment spend for each hour dealt with the vacation (if any). The worker has no right to public holiday pay or an alternative day off work.

Overtime calculations when an employee receives exceptional pay

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

If employment ends

Sometimes a staff member’s job concerns an end before the staff member can take a replacement holiday with public vacation pay that they have actually made. In this case, the company must pay the worker’s public vacation pay at the same time it pays the employee’s last wages. This is so regardless of the factor the job concerned an end, whether it is because the worker gave up, was fired for excellent factor, or for some other factor.