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Qualified Employees can Be Full-time
Most workers who certify are entitled to take nowadays off work and be paid public vacation pay.
Alternatively, the staff member can concur digitally or in writing to work on the holiday and be paid:
– public vacation pay plus premium pay for all hours dealt with the general public vacation and not get another day off (called a “substitute” holiday);.
or.
– be paid their routine salaries for all hours worked on the general public holiday and get another substitute holiday for which they must be paid public holiday pay.
Some employees may be needed to deal with a public holiday. (See “Special guidelines for particular industries” later in this Chapter.) While the majority of workers are eligible for the public vacation privilege, some workers work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To figure out whether a task is covered, or if special guidelines use, please refer to the Guide to employment standards unique 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 in this chapter.
Regular earnings does not include any overtime pay, holiday pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to a staff member.
While some companies give their employees a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not needed to do so under the ESA.
Performing both covered and exempt work
Some staff members carry out 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 may be exempt from public vacation protection.
If an employee performs both kinds of work, exempt and covered, they are qualified for the general public vacation privilege with respect to a particular public vacation if a minimum of 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, 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 the general public vacation privilege for Canada Day.
Receiving public holiday entitlements
Generally, employees get approved for the public vacation privilege unless they:
– fail without affordable cause to work all of their last regularly scheduled day of work before the public vacation or all of their very first routinely arranged day of work after the general public holiday (this is called the “Last and First Rule”);.
or.
– stop working without sensible cause to work their entire shift on the general public vacation if they consented to or were needed to work that day.
Note: Most workers who fail to receive the public holiday entitlement are still entitled to be paid exceptional pay for every hour they work on the vacation.
Qualified workers can be full-time, part time, long-term or on term agreement. It does not matter how just recently they were worked with, or the number of days they worked before the public vacation.
The “last and first rule”
The “last routinely scheduled day of work before the public holiday” and the “first frequently arranged day of work after the public vacation” do not need to be the days right in the past and right after the holiday.
For instance, a worker might not be arranged to work the day right before or after the holiday. As long as the worker works all of their last regularly set up shift before the vacation and all of the very 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 thought about to have “affordable cause” for missing work when something beyond their control avoids the employee from working. Employees are accountable for revealing that they had sensible cause for staying away from work. If they can do so, they still get approved for public holiday privileges.
How the last and first guideline works
Rosie’s regular work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment closes down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the holiday, or has reasonable cause for stopping working to work either of those days, she qualifies to be spent for the holiday.
Example: When a staff member takes a day of rest
A public holiday falls on a Monday, and Lev’s office shuts 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 visit. His employer concurs. Lev’s last regularly arranged work day before the vacation 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 affordable cause for not working either of those days, he gets approved for the paid public vacation.
Example: When a worker leaves early
A public vacation falls on a Friday, and Doris’s work environment is closed for the . Doris normally 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 frequently arranged shift on the Thursday before the general public vacation 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 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 getaway from June 25 to July 9. If George works all of his last routinely set up shift before his getaway and first routinely arranged shift after his vacation – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will qualify for the paid public holiday.
Example: When a worker is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day vacation takes place. If Lydia works her last regularly set up day of work before her leave, and her very first routinely arranged day of work after her leave, or has sensible cause for failing to do so, she will be entitled to the paid public vacation.
Example: When there is no sensible cause
A public vacation falls on a Monday, and Ellen’s workplace is closed for the vacation. 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 receives no spend for the holiday.
Public vacation pay
The amount of public vacation pay to which an employee is entitled is all of the regular incomes earned by the worker in the four work weeks before the work week with the general public holiday plus all of the holiday pay payable to the staff member with respect to the four work weeks before the work week with the public holiday, divided by 20.
When to include trip pay in the estimation of public holiday pay
The amount of holiday pay payable to consist of in the calculation of public holiday pay depends on whether the worker is on vacation at any time during the 4 work weeks prior to the public holiday, and the manner in which the worker 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 holiday pay before they take a trip or on or before the pay day for the period in which the holiday falls, holiday pay will be included in the computation of public holiday pay if the employee was on holiday throughout that 4 work week duration. If the worker was not on getaway during that duration, no trip pay will be included in the computation.
If the staff member is to be paid vacation pay with every pay cheque the quantity of holiday pay to consist of in the computation of public holiday pay will be at least 4 percent of all of the employee’s incomes made throughout the four work week duration. (Note that if a worker makes a higher portion of vacation pay, such as 6 per cent of earnings, then the “getaway pay payable” will be based upon that higher percentage.)
If a worker is to receive their vacation pay in a lump sum on a particular date or dates, vacation pay will be consisted of in the calculation of public holiday pay just if that date or dates falls during the appropriate 4 work week duration.
Calculating the four work week period before the work week with a public holiday
The 4 weeks before the public vacation is based on the employer’s work week and is not necessarily a calendar week.
Example:
Christmas Day falls on a Tuesday. Suppose that an employer’s work week ranges from Thursday to Wednesday. In this case, the 4 work weeks used to determine public holiday pay are those four weeks counting backwards from the first Wednesday (the last day of the company’s work week) before the work week in which the 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 earnings made by the staff member and the holiday pay payable to the worker with respect 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 5 days a week and earns $120 a day. She worked her last frequently arranged work day before the public holiday and her very first frequently scheduled day after the holiday. She receives her trip pay when her trip 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 incomes made:
$ 120 each day X 5 days = $600 weekly
$ 600 per week X 4 work weeks = $2,400.
Iryna made $2,400 of regular salaries in the four work weeks before the general public holiday.
2. Calculate the quantity of holiday pay payable with respect to the 4 work week duration:.
Iryna gets her trip pay when she takes her getaway. Because she was not on trip during the four work week period, the quantity of holiday pay payable with respect to the 4 work weeks before the public vacation = $0.
3. Total her total incomes earned and trip 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 getaway time is involved
Brock works 5 days a week and earns $160 a day. He was on trip for 2 of the four weeks before the general public holiday. He gets trip pay before he takes his getaway. He is paid $1,600 vacation pay for his 2 weeks of trip. Brock worked his last frequently set up work day before the public vacation and his first frequently set up work day after the vacation.
1. Calculate Brock’s total routine earnings earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.
2. Calculate the amount of vacation pay:.
Brock was on holiday 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 vacation. The amount of vacation pay payable with regard to the four work weeks prior to the work week with the general public vacation = $1,600.
3. Combine his total wages made and trip payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.
Result: Brock is entitled to $160 public holiday pay.
Example: When a worker works part-time and each pay cheque consists of holiday pay
Tegan works 3 days a week and makes $120 a day. She worked her last regularly arranged work day before the public vacation and her very first routinely arranged day after the vacation. She and her company have concurred in composing that she will receive four percent getaway pay on each paycheque.
1. Calculate Tegan’s regular wages earned:.
$ 120 per day X 3 days = $360 per week.
$ 360 weekly X 4 weeks = $1,440.
2. Calculate her vacation pay payable:.
$ 4.80 per day (4% of $120) X 3 days = $14.40 per week.
$ 14.40 each week X 4 weeks = $57.60.
3. Combine her routine incomes earned and vacation pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.
Result: referall.us Tegan is entitled to $74.88 public vacation pay.
Example: When there are no set hours and each pay cheque includes 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 company have actually concurred in composing that she will receive four percent holiday 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 holiday pay payable:.
$ 1,500 X 4% = $60.
3. Combine her routine wages 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 holiday pay.
Example: When a staff member is on a leave
Zoe typically works 5 days a week, earning $120 a day. She receives holiday pay before she goes on holiday. 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 getaway pay. She got maternity and parental benefits from the federal Employment Insurance program, however these advantages are ruled out “incomes.”
Zoe is entitled to get public vacation pay for the public vacations that fall throughout her leave as long as she works her last routinely arranged day before her leave and her very first regularly arranged day after her leave, or has reasonable cause for failing to do so.
Zoe went on leave on June 10 and only worked seven days throughout the 4 work weeks before the Canada Day public holiday. Her public holiday pay for Canada Day is:
– Regular wages earned: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on getaway throughout the 4 work week duration).
– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.
Her public vacation pay for the rest of the public holidays that fall during her leave will be $0. This is because she will not have made any wages or trip pay on any of the days throughout the four work weeks before each of those holidays.
Example: When a worker is on a layoff
Eugene usually works 5 days a week, earning $100 a day. He was placed on short-lived layoff on November 15. During his layoff, Eugene was not paid earnings or getaway pay. He got employment insurance coverage benefits throughout this time, however these advantages are ruled out “earnings.”
Eugene was remembered to deal with December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last frequently scheduled day before the layoff and his first routinely arranged day after the layoff, or has affordable cause for stopping working to do so.
However, because Eugene did not make any earnings or holiday 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 staff member’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 regular rate of spend for each hour worked.
For instance, Nathan’s regular rate of pay is $20 an hour. This indicates that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).
Substitute vacation
An alternative vacation is another working day off work that is designated to change a public holiday. Employees are entitled to be paid public vacation spend for an alternative vacation.
An alternative vacation must be scheduled for a day that is no behind 3 months after the general public holiday for which it was earned, or, if the staff member has agreed digitally or in composing, the alternative day of rest can be arranged up to 12 months after the general public holiday.
If a staff member gets a replacement vacation, the company must supply the employee with a composed statement that sets out the general public holiday that is being substituted, the date of the substitute holiday, and the date that the statement was offered to the staff member. This declaration must be supplied to the staff member before the public holiday.
Entitlements for public holidays
Entitlements for public holidays vary depending on such things as whether the holiday falls on a working day or a non-working day and whether the worker works on 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 workers have the right to get the general public vacation off and get paid public vacation pay. (Some employees may be needed to work on a public holiday. See “Special guidelines for particular industries” later in this chapter.)
When a public vacation falls on a worker’s non-working day or during a worker’s vacation
When a public vacation falls on a day that is not generally a working day for a staff member, or during the employee’s holiday, the staff member is entitled to either:
– a replacement vacation off with public holiday pay;.
or.
– public vacation pay for the public vacation, if the staff member accepts this digitally or in composing (in this case, the employee will not be offered an alternative day of rest).
When an employee who qualifies for the day off has concurred electronically or in composing to work on a public holiday
Most employees have the right to get the general public vacation off and get paid public holiday pay. However, if a worker concurs electronically or in writing to deal with the public holiday, there are two options:
– the employee is entitled to get regular incomes for all hours worked on the general public holiday, plus an alternative day off work with public holiday pay;.
or.
– if the staff member agrees digitally or in composing, they are entitled to public vacation 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 holiday pay plus premium pay
A public vacation falls on one of John-Duncan’s typical working days. He and his company have agreed electronically or in writing that he will deal with the public vacation and that, rather of getting an alternative vacation, he will be paid public vacation pay plus premium spend for all the hours he works on the holiday.
John-Duncan frequently works 8 hours a day, five days a week. His routine per hour pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public vacation. He works 8 hours on the general public holiday. He receives his vacation pay when his getaway is taken. He was not on trip throughout the 4 work weeks leading up to the public vacation
Step 1: compute public holiday pay:
1. Calculate John-Duncan’s overall regular wages earned in the 4 work weeks before the general public holiday:
8 hours daily X $20 per hour = $160 each day
$ 160 each day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the general public vacation.
2. Calculate the amount of vacation pay payable with respect to the four work week duration:.
John-Duncan receives his vacation pay when he takes his trip. Because he was not on getaway throughout the 4 work week duration, the amount of vacation pay payable with regard to the four work weeks before the public vacation = $0.
3. Combine his total wages 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 privilege is $160.
Step 2: calculate exceptional pay
Finally, the premium pay owing to John-Duncan for his work on the 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 entitlement 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 worker consents to deal with a public holiday but stops working to do so
If a worker has agreed digitally or in composing to deal with the public vacation but does not do so – and does not have sensible cause for not having done so – the worker has no right to public holiday pay or to an alternative day off with pay.
However, if the staff member has reasonable cause for not working the general public vacation, then privileges will depend on which of the 2 choices below the staff member picked in exchange for accepting deal with the public holiday:
– if the staff member had actually concurred electronically or in writing to work on the general public holiday for regular wages plus a substitute day off with public holiday pay, the employee is entitled to a substitute day off deal with public vacation pay;.
or.
– if the staff member had agreed digitally or in writing to work on the public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday spend for the vacation. The staff member is not entitled to get any superior pay due to the fact that they did not perform 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 worker has agreed digitally or in writing to work on the public holiday but works just some of the hours they consented to work, and does not have reasonable cause for failing to work all of the hours, the worker is only entitled to receive premium pay for each hour dealt with the holiday. The worker has no right to public holiday pay or an alternative day of rest work.
Example: A common case
Trudi had actually agreed in composing that she would work eight hours on Canada Day however she only worked four hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled only to premium spend for the four hours she worked on the holiday. She is not entitled to public holiday pay or to an alternative day of rest work.
However, if the employee has affordable cause for working just a few of the hours they consented to work on the general public holiday, then:
– the employee is entitled to their regular rate for all the hours worked plus a substitute day off work with public holiday pay;.
or.
– if the worker had agreed digitally or in writing to work on the public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour worked on the holiday.
Special guidelines for particular markets
Special guidelines use to staff members who operate in the list below kinds of businesses:
– hotels, motels and tourist resorts;.
– dining establishments and pubs;.
– hospitals and assisted living home;.
– constant 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 games part of a gambling establishment if the video games tables are open around the clock).
A staff member who operates in any of these services can be required to work on a public vacation without their agreement, however only if the holiday falls on a day that the worker would typically work and the staff member is not on holiday.
If a staff member is needed to work, they are entitled to either:
– their routine rate for the hours worked on the public holiday, plus a substitute day of rest work with public holiday pay;.
or.
– public holiday pay plus premium pay for each hour worked.
The company chooses which of these options will use.
Note that the employer’s capability to require workers to deal with a public vacation 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 regards to the worker’s employment agreement. Note also that particular retail employees who operate in continuous operations (for example, a 24-hour corner store) have the right to refuse to work on a public holiday since of the unique rules that apply to some retail employees. See the “Retail employees” chapter of this guide to find out more.
An employee in the previously noted companies who is needed to work on a public vacation that falls on their regular working day however stops working to do so, with sensible cause, is entitled to:
– a replacement vacation with public vacation pay;.
or.
– public holiday pay for the vacation.
The company selects which choice will use.
A staff member in any of these companies who is needed to deal with a public holiday that falls on their common working day but who fails, with sensible cause, to work some of the hours they were required to deal with the holiday is entitled to either:
– their routine rate for each hour worked on the holiday plus a substitute holiday with public vacation pay;.
or.
– public vacation pay for the vacation plus premium spend for each hour worked.
The company picks which choice will use.
A worker in any of these companies who is needed to deal with a public vacation that falls on their common working day but who stops working, without reasonable cause, to work part or all of the general public holiday is just entitled to get premium spend for each hour worked on the holiday (if any). The employee has no right to public vacation pay or an alternative day off work.
Overtime estimations when a staff member gets superior pay
Any hours dealt with a public holiday that are compensated with exceptional pay are not included when figuring out whether a worker has worked any overtime hours.
If employment ends
Sometimes a staff member’s job pertains to an end before the staff member can take an alternative vacation with public vacation pay that they have actually made. In this case, the employer needs to pay the worker’s public vacation pay at the very same time it pays the staff member’s last earnings. This is so despite the reason the job came to an end, whether it is because the worker gave up, was fired for great reason, or for some other factor.