Qualified Employees can Be Full-time

Most staff members who certify are entitled to take these days off work and be paid public vacation pay.

Alternatively, the worker can agree digitally or in composing to work on the vacation and be paid:

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

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

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

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

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

Regular incomes does not consist of any overtime pay, holiday pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to a worker.

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

Performing both covered and exempt work

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

If an employee performs both type of work, exempt and covered, they are qualified for the general public vacation entitlement with respect to a specific public holiday 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 holiday protection) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is qualified for the general public holiday privilege for Canada Day.

Qualifying for public vacation entitlements

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

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

– stop working without reasonable cause to work their whole shift on the general public holiday if they consented to or were needed to work that day.

Note: Most workers who fail to qualify for the general public vacation privilege are still entitled to be paid premium pay for every hour they work on the vacation.

Qualified staff members can be full-time, part-time, permanent or on term agreement. It does not matter how just recently they were hired, or how lots of days they worked before the general public holiday.

The “last and first rule”

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

For example, a staff member 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 routinely set up shift before the holiday and all of the very first one after it, or has affordable cause for not working either of those days, they meet this certifying criterion.

Reasonable cause

An employee is generally thought about to have “reasonable cause” for missing out on work when something beyond their control prevents the worker from working. Employees are accountable for revealing that they had sensible cause for staying away from work. If they can do so, they still receive public holiday privileges.

How the last and very first guideline works

Rosie’s routine work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s work environment closes 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 stopping working to work either of those days, she certifies to be paid for the holiday.

Example: When a staff member takes a day of rest

A public holiday falls on a Monday, and Lev’s office closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for approval to take off the Thursday before the public holiday because he has a personal consultation. His employer concurs. Lev’s last regularly set up 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 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 worker leaves early

A public holiday falls on a Friday, and Doris’s office is closed for the holiday. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the public vacation. The company agrees. Doris’s frequently set up shift on the Thursday before the 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 sensible cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When an employee is on holiday

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

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

Lydia is on pregnancy leave when the Canada Day holiday occurs. If Lydia works her last routinely set up day of work before her leave, and her first frequently 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 holiday.

Example: When there is no affordable cause

A public holiday falls on a Monday, and Ellen’s office 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 out on that day. She gets no spend for the holiday.

Public vacation pay

The amount of public vacation pay to which a worker is entitled is all of the regular wages made by the employee in the 4 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 vacation pay in the estimation of public vacation pay

The amount of vacation pay payable to include in the calculation of public vacation pay depends on whether the worker is on holiday at any time during the 4 work weeks prior to the public holiday, and the manner in which the staff member is to be paid getaway pay. Please refer to the Vacation chapter for details on the different ways vacation pay can be paid.

Vacation pay payable

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

If the worker is to be paid trip pay with every pay cheque the amount of getaway pay to consist of in the computation of public holiday pay will be at least four per cent of all of the staff member’s earnings earned during the 4 work week period. (Note that if a worker earns a higher percentage of getaway pay, such as 6 percent of salaries, then the “holiday pay payable” will be based upon that greater percentage.)

If a worker is to receive their holiday pay in a swelling amount on a particular date or dates, vacation pay will be included in the computation of public vacation pay just if that date or dates falls during the appropriate four work week duration.

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

The four weeks before the public holiday is based on the company’s work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the four work weeks used to compute public vacation pay are those four weeks counting in reverse from the very first Wednesday (the last day of the company’s work week) before the work week in which the 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 holiday: Tuesday, December 25

In this example, the regular salaries earned by the worker and the trip pay payable to the worker 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 regularly scheduled work day before the public vacation and her very first routinely scheduled day after the vacation. She gets her vacation 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 total routine wages made:
$ 120 each day X 5 days = $600 each week
$ 600 each week X 4 work weeks = $2,400.
Iryna made $2,400 of regular wages in the four work weeks before the public holiday.

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

3. Combine her overall wages 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 included

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

1. Calculate Brock’s total regular incomes made:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.

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

3. Add together his total wages earned and trip payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Example: When a worker works part-time and each pay cheque includes getaway pay

Tegan works 3 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 holiday. She and her company have actually agreed in composing that she will receive 4 percent getaway pay on each paycheque.

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

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

3. Total her routine wages earned 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 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 each day or days per week. Her pay differs from week to week, according to the time she has actually worked. She and her company have agreed in writing that she will receive four per cent trip pay on each pay cheque.

1. Bertie’s regular earnings earned during the 4 work weeks before the vacation are $1,500.

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

3. Total her regular salaries earned and holiday 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 staff member is on a leave

Zoe generally works five days a week, making $120 a day. She gets trip pay before she goes on trip. 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 salaries or holiday pay. She got maternity and adult gain from the federal Employment Insurance program, however these advantages are ruled out “incomes.”

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

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

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

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

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

Her public holiday spend for the rest of the public holidays that fall throughout her leave will be $0. This is since she will not have earned any incomes or trip 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 put on short-term layoff on November 15. During his layoff, Eugene was not paid wages or trip pay. He received employment insurance advantages during this time, but these advantages are not thought about “incomes.”

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 frequently set up day before the layoff and his very first routinely arranged day after the layoff, or has sensible cause for stopping working to do so.

However, because Eugene did not earn any incomes or getaway pay in the four work weeks before those two public vacations, the quantity of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times an employee’s routine rate of pay. If an employee is entitled to get exceptional pay for work on a public vacation, they should be paid 1 1/2 times their regular rate of pay for each hour worked.

For example, 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 holiday

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

An alternative vacation should be scheduled for a day that is no later on than three months after the public vacation for which it was made, or, if the worker has actually concurred digitally or in composing, the alternative day of rest can be scheduled approximately 12 months after the public vacation.

If a staff member receives an alternative vacation, the employer must provide the staff member with a written statement that sets out the public holiday that is being replaced, the date of the alternative holiday, and the date that the declaration was given to the employee. This statement must be provided to the staff member before the general public vacation.

Entitlements for public vacations

Entitlements for public holidays differ 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 holiday. The various entitlements are set out below.

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

Most staff members can get the public vacation off and get paid public holiday pay. (Some staff members may be required to deal with a public holiday. See “Special rules for specific industries” later in this chapter.)

When a public holiday falls on an employee’s non-working day or throughout a staff member’s holiday

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

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

– public vacation spend for the general public holiday, if the worker agrees to this electronically or in composing (in this case, the staff member will not be given an alternative day of rest).

When a staff member who receives the day of rest has actually agreed digitally or in writing to deal with a public holiday

Most staff members can get the general public vacation off and get paid public vacation pay. However, if a staff member concurs digitally or in composing to deal with the general public holiday, there are 2 choices:

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

– if the employee concurs digitally or in writing, they are entitled to public vacation spend for the general public vacation plus premium spend for employment all hours dealt with the public vacation. In this case, the staff member will not be provided an alternative day of rest.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan regularly works eight hours a day, five days a week. His regular 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 public vacation. He gets his holiday pay when his trip is taken. He was not on trip throughout the 4 work weeks leading up to the public holiday

Step 1: compute public vacation pay:

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

3. Combine his overall incomes earned 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: calculate superior pay

Finally, the premium pay owing to John-Duncan for his work on the general public holiday 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 vacation pay of $160 and premium pay of $240, for a total of $400.

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

If a worker has agreed digitally or in composing to work on the public holiday however does not do so – and does not have affordable cause for not having done so – the employee has no right to public vacation pay or to an alternative day of rest with pay.

However, if the staff member has affordable cause for not working the general public vacation, then privileges will depend upon which of the 2 alternatives listed below the worker picked in exchange for accepting deal with the general public holiday:

– if the worker had actually agreed digitally or in composing to work on the general public holiday for routine incomes plus an alternative day off with public holiday pay, the staff member is entitled to an alternative day of rest deal with public vacation pay;.
or.

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

When an employee works just a few of the hours they agreed to work on a public vacation

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

Example: A common case

Trudi had concurred in writing that she would work eight hours on Canada Day but she only worked 4 hours and did not have sensible cause for failing to work the other four hours. Trudi is entitled just to premium pay for employment the 4 hours she dealt with the vacation. She is not entitled to public holiday pay or to a substitute day of rest work.

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

– the worker is entitled to their regular rate for all the hours worked plus an alternative day off work with public holiday pay;.
or.

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

Special guidelines for specific markets

Special rules use to staff members who operate in the list below kinds of companies:

– hotels, employment motels and tourist resorts;.

– dining establishments and pubs;.

– medical facilities and 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 around the clock).

A worker who operates in any of these organizations can be needed to work on a public vacation without their arrangement, but only if the holiday falls on a day that the worker would normally work and the staff member is not on holiday.

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

– their routine rate for the hours dealt with the general public holiday, plus a substitute day off deal with public holiday pay;.
or.

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

The employer picks which of these alternatives will apply.

Note that the employer’s ability to require workers to work on a public holiday is subject to the employee’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s work agreement. Note likewise that specific retail employees who operate in continuous operations (for example, a 24-hour corner store) can refuse to work on a public holiday due to the fact that of the unique guidelines that use to some retail employees. See the “Retail workers” chapter of this guide for more info.

An employee in the previously noted companies who is required to work on a public vacation that falls on their normal working day but fails to do so, with reasonable cause, is entitled to:

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

– public vacation spend for the vacation.

The company chooses which option will apply.

An employee in any of these services who is needed to work on a public holiday that falls on their common working day but who fails, with affordable cause, to work some of the hours they were required to deal with the vacation is entitled to either:

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

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

The company picks which alternative will use.

A worker in any of these companies who is needed to deal with a public vacation that falls on their regular working day but who stops working, without reasonable cause, to work part or all of the general public vacation is only entitled to receive premium pay for each hour dealt with the vacation (if any). The staff member has no right to public holiday pay or an alternative day off work.

Overtime estimations when a staff member receives superior pay

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

If work ends

Sometimes an employee’s job concerns an end before the worker can take a replacement vacation with public vacation pay that they have made. In this case, the company should pay the worker’s public holiday pay at the very same time it pays the staff member’s final incomes. This is so despite the reason the job came to an end, whether it is due to the fact that the employee gave up, was fired for excellent factor, or for some other reason.