Qualified Employees can Be Full Time
Most staff members who qualify are entitled to take these days off work and be paid public holiday pay.
Alternatively, the staff member can agree digitally or in composing to work on the vacation and be paid:
– public holiday pay plus premium spend for all hours dealt with the general public vacation and not get another day of rest (called a “replacement” holiday);.
or.
– be paid their routine incomes for all hours dealt with the general public holiday and receive another substitute vacation for which they should be paid public holiday pay.
Some employees might be needed to deal with a public vacation. (See “Special rules for specific markets” later in this Chapter.) While many staff members are qualified for the general public holiday privilege, some staff members work in tasks that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a task is covered, or if special guidelines use, please refer to the Guide to work standards unique guidelines and exemptions.
Use the Employment Standards Self-Service Tool to examine compliance with public vacations and other work requirements entitlements.
See “Public vacation pay” later on in this chapter.
Regular incomes does not include any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to an employee.
While some employers provide their workers a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.
Performing both covered and exempt work
Some employees perform more than one kind of work for an employer. Some of this work may be covered by the public holiday part of the ESA, while another type of work might be exempt from public holiday protection.
If an employee performs both sort of work, exempt and covered, they are qualified for the general public holiday entitlement with respect to a particular public holiday if a minimum of half of the work performed 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 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 eligible for the general public holiday entitlement for Canada Day.
Getting approved for public vacation entitlements
Generally, workers certify for the public vacation entitlement unless they:
– stop working without sensible cause to work all of their last frequently arranged day of work before the public holiday or all of their very first routinely arranged day of work after the public holiday (this is called the “Last and First Rule”);.
or.
– stop working without reasonable cause to work their entire shift on the general public vacation if they accepted or were required to work that day.
Note: Most employees who stop working to get approved for the public holiday privilege 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, permanent or on term agreement. It does not matter how just recently they were hired, or the number of days they worked before the public vacation.
The “last and first rule”
The “last routinely arranged day of work before the public vacation” and the “very first frequently 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 vacation.
For instance, a staff member might not be scheduled 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 first one after it, or has sensible cause for not working either of those days, they fulfill this qualifying criterion.
Reasonable cause
A staff member is typically considered to have “reasonable cause” for missing work when something beyond their control prevents the worker from working. Employees are accountable for showing that they had sensible cause for staying away from work. If they can do so, they still receive public vacation entitlements.
How the last and first rule works
Rosie’s regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s office closes down for employment that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the holiday, or has reasonable cause for failing to work either of those days, she qualifies to be spent for the holiday.
Example: When a staff member takes a day off
A public vacation falls on a Monday, and Lev’s work environment closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for consent to remove the Thursday before the public holiday since he has a personal visit. 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 holiday, or has reasonable 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 vacation. Doris normally 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 general public holiday. The company concurs. Doris’s routinely set up shift on the Thursday before the public holiday is now thought about 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 vacation.
Example: When a staff member is on getaway
Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last frequently arranged shift before his holiday and very first regularly scheduled shift after his trip – on June 24 and July 10 – or employment has sensible cause for stopping working to do so, he will certify for the paid public holiday.
Example: When an employee is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day vacation takes place. If Lydia works her last routinely arranged day of work before her leave, and her very first frequently arranged day of work after her leave, or has reasonable cause for failing 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 office is closed for the vacation. Ellen does not work on her last scheduled day before the holiday, and she does not have affordable cause for missing out on that day. She receives no pay for the holiday.
Public holiday pay
The quantity of public vacation pay to which a worker is entitled is all of the routine incomes made by the staff member in the 4 work weeks before the work week with the public vacation plus all of the getaway pay payable to the worker with regard to the 4 work weeks before the work week with the public holiday, divided by 20.
When to consist of trip pay in the estimation of public vacation pay
The quantity of getaway pay payable to consist of in the computation of public vacation pay depends upon whether the employee is on trip at any time throughout the four 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 various ways getaway pay can be paid.
Vacation pay payable
If the worker is to be paid their trip pay before they take a getaway or on or before the pay day for the period in which the trip falls, trip pay will be consisted of in the computation of public vacation pay if the worker was on vacation throughout that four work week period. If the employee was not on vacation throughout that period, no holiday pay will be included in the computation.
If the employee is to be paid trip pay with every pay cheque the quantity of holiday pay to include in the computation of public vacation pay will be at least four percent of all of the worker’s salaries made throughout the four work week period. (Note that if an employee earns a greater portion of trip pay, such as six per cent of salaries, then the “getaway pay payable” will be based upon that greater portion.)
If a staff member is to receive their getaway pay in a swelling amount on a particular date or dates, getaway pay will be consisted of in the computation of public vacation pay only if that date or employment dates falls during the appropriate four work week period.
Calculating the four work week duration before the work week with a public holiday
The four weeks before the general public vacation is based on the company’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 compute public vacation pay are those 4 weeks counting in reverse from the very first Wednesday (the last day of the employer’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 routine wages made by the staff member and the holiday pay payable to the worker with respect to the 4 work weeks from November 22 to December 19 are used in the estimation of public vacation pay.
Calculating public vacation pay
Iryna works five days a week and earns $120 a day. She worked her last frequently arranged work day before the general public holiday and her very first routinely scheduled day after the vacation. She receives her holiday pay when her getaway is taken. She was not on getaway throughout the 4 work weeks leading up to the general public vacation.
1. Calculate Iryna’s overall routine incomes earned:
$ 120 per day X 5 days = $600 weekly
$ 600 each week X 4 work weeks = $2,400.
Iryna made $2,400 of regular earnings in the four work weeks before the general public holiday.
2. Calculate the quantity of holiday pay payable with regard to the 4 work week period:.
Iryna gets her holiday pay when she takes her holiday. Because she was not on getaway throughout the 4 work week period, the quantity of holiday pay payable with respect to the 4 work weeks before the general public holiday = $0.
3. Combine her total incomes made 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 holiday pay.
Example: When holiday time is included
Brock works 5 days a week and earns $160 a day. He was on vacation for two of the four weeks before the general public vacation. He gets trip pay before he takes his vacation. He is paid $1,600 holiday pay for his 2 weeks of vacation. Brock worked his last routinely scheduled work day before the public vacation and his very first regularly arranged work day after the holiday.
1. Calculate Brock’s total routine earnings made:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.
2. Calculate the quantity of trip pay:.
Brock was on getaway for two of the four work weeks prior to the work week with the general public holiday, and is paid vacation pay before he takes his trip. The quantity of getaway pay payable with regard to the four work weeks prior to the work week with the public vacation = $1,600.
3. Combine his total salaries made 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 vacation pay.
Example: When a worker works part-time and each pay cheque consists of holiday pay
Tegan works three days a week and makes $120 a day. She worked her last frequently scheduled work day before the general public holiday and her first regularly arranged day after the vacation. She and her employer have concurred in composing that she will get 4 percent trip pay on each paycheque.
1. Calculate Tegan’s routine wages earned:.
$ 120 each day X 3 days = $360 weekly.
$ 360 weekly X 4 weeks = $1,440.
2. Calculate her holiday pay payable:.
$ 4.80 each day (4% of $120) X 3 days = $14.40 per week.
$ 14.40 weekly X 4 weeks = $57.60.
3. Add together her routine wages earned 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 holiday pay.
Example: When there are no set hours and each pay cheque includes holiday pay
Bertie does not work a set number 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 company have concurred in writing that she will get four percent holiday pay on each pay cheque.
1. Bertie’s regular wages made during the 4 work weeks before the vacation are $1,500.
2. Calculate her holiday pay payable:.
$ 1,500 X 4% = $60.
3. Combine her regular incomes earned 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, making $120 a day. She gets 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 wages or trip pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these benefits are not considered “earnings.”
Zoe is entitled to get public vacation pay for the general public vacations that fall throughout her leave as long as she works her last frequently scheduled day before her leave and her very first routinely scheduled day after her leave, or has sensible cause for stopping working to do so.
Zoe went on leave on June 10 and just worked 7 days throughout the 4 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: $0 (she was not on vacation during the 4 work week duration).
– Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.
Her public vacation spend for the rest of the public vacations that fall throughout her leave will be $0. This is because she will not have earned any earnings or getaway pay on any of the days throughout the 4 work weeks before each of those holidays.
Example: When a worker is on a layoff
Eugene normally works five days a week, making $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid earnings or vacation pay. He received employment insurance benefits throughout this time, but these advantages are not considered “wages.”
Eugene was remembered to deal with 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 arranged day before the layoff and his first regularly set up day after the layoff, or has sensible cause for failing to do so.
However, since Eugene did not make any wages or holiday pay in the 4 work weeks before those two public holidays, the amount of public holiday 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 an employee is entitled to get superior spend for work on a public vacation, employment they should be paid 1 1/2 times their routine rate of spend for employment 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 vacation
A replacement holiday is another working day off work that is designated to change a public holiday. Employees are entitled to be paid public holiday spend for a replacement vacation.
An alternative holiday need to be arranged for a day that is no behind three months after the public vacation for which it was made, or, if the worker has concurred digitally or in writing, the substitute day off can be scheduled up to 12 months after the public vacation.
If a worker receives a substitute holiday, the company should provide the employee with a written declaration that sets out the general public vacation that is being replaced, the date of the alternative holiday, and the date that the declaration was provided to the worker. This declaration must be provided to the employee before the public holiday.
Entitlements for public holidays
Entitlements for public holidays differ depending on 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 entitlements are set out listed below.
When a public holiday falls on a working day but the employee does not work
Most staff members have the right to get the public vacation off and get paid public holiday pay. (Some employees may 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 worker’s non-working day or during a staff member’s trip
When a public holiday falls on a day that is not generally a working day for an employee, or during the staff member’s trip, the staff member is entitled to either:
– a replacement vacation off with public vacation pay;.
or.
– public vacation spend for the public vacation, if the worker agrees to this digitally or in composing (in this case, the worker will not be given a substitute day of rest).
When a staff member who receives the day of rest has concurred electronically or in writing to deal with a public vacation
Most employees deserve to get the general public holiday off and get paid public holiday pay. However, if a staff member agrees digitally or in writing to deal with the public holiday, employment there are 2 choices:
– the worker is entitled to receive regular earnings for all hours worked on the general public holiday, plus an alternative day off deal with public vacation pay;.
or.
– if the staff member agrees electronically or in composing, they are entitled to public holiday pay for the general public holiday plus premium spend for all hours dealt with the general public vacation. In this case, the staff member will not be provided a substitute day of rest.
Example: Calculating public vacation pay plus premium pay
A public vacation falls on one of John-Duncan’s normal working days. He and his company have actually concurred electronically or in writing that he will work on the public vacation and that, instead of getting an alternative holiday, he will be paid public holiday pay plus premium pay for all the hours he works on the holiday.
John-Duncan frequently works eight hours a day, 5 days a week. His regular per hour pay rate is $20. He has worked on all his scheduled work days in the four work weeks before the general public holiday. He works 8 hours on the general public holiday. He receives his getaway pay when his trip is taken. He was not on trip throughout the 4 work weeks leading up to the general public holiday
Step 1: calculate public holiday pay:
1. Calculate John-Duncan’s total regular salaries made in the four work weeks before the general public holiday:
8 hours each day X $20 per hour = $160 daily
$ 160 each 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 quantity of holiday pay payable with regard to the four work week duration:.
John-Duncan gets his vacation pay when he takes his getaway. Because he was not on trip throughout the four work week duration, the quantity of getaway pay payable with regard to the four work weeks before the public vacation = $0.
3. Combine his total salaries made and holiday pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public holiday pay entitlement is $160.
Step 2: compute premium 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 entitlement is $240.
Result: John-Duncan is entitled to public vacation pay of $160 and superior pay of $240, for a total of $400.
When an employee accepts work on a public holiday however stops working to do so
If a staff member has concurred digitally or in composing to work on the general public vacation but does not do so – and does not have affordable cause for not having done so – the worker has no right to public holiday pay or to a substitute day off with pay.
However, if the worker has affordable cause for not working the general public holiday, then entitlements will depend on which of the two alternatives listed below the employee chose in exchange for accepting work on the public holiday:
– if the staff member had agreed digitally or in composing to deal with the public holiday for employment regular wages plus a substitute day off with public holiday pay, the staff member is entitled to an alternative day of rest work with public vacation pay;.
or.
– if the worker had actually concurred electronically or in composing to deal with the public vacation for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the vacation. The worker is not entitled to receive any premium pay because they did not perform any work on the vacation.
When a worker works only a few of the hours they accepted work on a public vacation
If a worker has actually concurred electronically or in writing to work on the general public holiday but works just a few of the hours they accepted work, and does not have sensible cause for to work all of the hours, the employee is just entitled to get premium pay for each hour worked on the holiday. The employee has no right to public holiday pay or a substitute day of rest work.
Example: A typical case
Trudi had actually concurred in writing that she would work 8 hours on Canada Day however she only worked 4 hours and did not have affordable cause for failing to work the other 4 hours. Trudi is entitled only to premium spend for the 4 hours she dealt with the vacation. She is not entitled to public vacation pay or to a substitute day off work.
However, if the staff member has affordable cause for working just a few of the hours they accepted work on the public vacation, then:
– the staff member is entitled to their regular rate for all the hours worked plus an alternative day of rest deal with public holiday pay;.
or.
– if the employee had actually agreed electronically or in writing to work on the general public holiday for public vacation 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 holiday.
Special rules for specific markets
Special guidelines use to workers who operate in the list below kinds of organizations:
– hotels, motels and traveler resorts;.
– dining establishments and pubs;.
– health centers and nursing homes;.
– 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 casino if the video games tables are open around the clock).
An employee who works in any of these organizations can be required to deal with a public holiday without their contract, however only if the holiday falls on a day that the staff member would generally work and the employee is not on getaway.
If a worker is needed to work, they are entitled to either:
– their routine rate for the hours worked on the general public vacation, plus a substitute day off deal with public holiday pay;.
or.
– public vacation pay plus premium spend for each hour worked.
The employer selects which of these choices will use.
Note that the employer’s capability to need staff members to deal with a public holiday is subject to the employee’s right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the staff member’s employment agreement. Note also that certain retail workers who operate in continuous operations (for instance, a 24-hour convenience store) have the right to decline to work on a public holiday due to the fact that of the unique guidelines that apply to some retail workers. See the “Retail employees” chapter of this guide for more details.
An employee in the previously noted companies who is needed to deal with a public holiday that falls on their regular working day but stops working to do so, with affordable cause, is entitled to:
– a replacement vacation with public holiday pay;.
or.
– public vacation pay for the vacation.
The company chooses which option will apply.
A worker in any of these businesses who is required to work on a public vacation that falls on their common working day but who fails, with sensible cause, to work some of the hours they were required to work on the vacation is entitled to either:
– their routine rate for each hour worked on the vacation plus a substitute vacation with public holiday pay;.
or.
– public holiday pay for the vacation plus premium pay for each hour worked.
The company picks which alternative will use.
A staff member in any of these businesses who is required to deal with a public holiday that falls on their normal working day but who stops working, without sensible cause, to work part or all of the general public vacation is just entitled to receive premium spend for each hour worked on the vacation (if any). The employee has no right to public holiday pay or an alternative day of rest work.
Overtime estimations when a staff member receives exceptional pay
Any hours dealt with a public vacation that are compensated with exceptional pay are not included when determining whether a worker has worked any overtime hours.
If work ends
Sometimes a worker’s task pertains to an end before the staff member can take an alternative vacation with public holiday pay that they have earned. In this case, the company needs to pay the employee’s public vacation pay at the exact same time it pays the staff member’s final salaries. This is so no matter the reason the task pertained to an end, whether it is since the staff member stopped, was fired for good factor, or for some other reason.