Qualified Employees can Be Full Time

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

Alternatively, the employee can concur digitally or in composing to deal with the holiday and be paid:

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

– be paid their regular salaries for all hours dealt with the general public holiday and get another replacement holiday for which they need to be paid public holiday pay.

Some staff members might be needed to work on a public holiday. (See “Special rules for particular markets” later on in this Chapter.) While most workers are qualified for the general public holiday entitlement, some staff members operate in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To identify whether a task is covered, or if special guidelines apply, please describe the Guide to work requirements unique rules and referall.us exemptions.

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

See “Public holiday pay” later 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 project pay payable to a worker.

While some companies give their employees a vacation on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

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

If a staff member carries out both sort of work, exempt and covered, they are qualified for the general public holiday entitlement with respect to a specific public vacation if at least half of the work performed in the work week of the general public holiday is work that is covered.

Rupert works for a taxi business as both a taxi taxi 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 qualified for the public vacation privilege for Canada Day.

Receiving public holiday entitlements

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

– stop working without sensible cause to work all of their last regularly set up day of work before the public vacation or all of their first regularly arranged day of work after the general 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 vacation if they consented to or were needed to work that day.

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

Qualified workers can be full-time, part time, irreversible or on term agreement. It does not matter how just recently they were worked with, or how many days they worked before the public vacation.

The “last and very first guideline”

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

For instance, a staff member may not be scheduled to work the day right before or after the vacation. As long as the worker works all of their last frequently arranged shift before the holiday and all of the first one after it, or has affordable cause for not working either of those days, they meet this certifying requirement.

Reasonable cause

A worker is usually considered to have “reasonable cause” for missing work when something beyond their control prevents the staff member from working. Employees are accountable for showing that they had reasonable cause for remaining away from work. If they can do so, they still get approved for public holiday privileges.

How the last and very first guideline works

Rosie’s routine work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment shuts down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the holiday, or has sensible cause for stopping working to work either of those days, she certifies to be spent for the vacation.

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment shuts down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his employer for permission to remove the Thursday before the general public vacation due to the fact that he has a personal appointment. His company 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 holiday and his whole Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he qualifies for the paid public vacation.

Example: When an employee leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the vacation. 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 general public holiday. The company agrees. Doris’s routinely scheduled 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 failing to do so, she is entitled to the paid public holiday.

Example: When a staff member is on trip

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly set up shift before his holiday and very first frequently arranged shift after his getaway – on June 24 and July 10 – or has reasonable cause for failing to do so, he will get approved 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 occurs. 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 stopping working to do so, she will be entitled to the paid public vacation.

Example: When there is no sensible cause

A public holiday 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 affordable cause for missing out on that day. She receives no pay for the holiday.

Public vacation pay

The quantity of public vacation pay to which a staff member is entitled is all of the routine incomes made by the employee 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 regard to the 4 work weeks before the work week with the public vacation, divided by 20.

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

The quantity of vacation pay payable to include in the calculation of public holiday pay depends upon whether the staff member is on vacation at any time throughout the 4 work weeks prior to the public holiday, and the manner in which the employee is to be paid trip pay. Please describe the Vacation chapter for details on the various methods vacation 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 holiday falls, getaway pay will be included in the estimation of public vacation pay if the worker was on vacation throughout that four work week duration. If the employee was not on trip during that period, no getaway pay will be included in the computation.

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

If a worker is to get their holiday pay in a swelling sum on a certain date or dates, vacation pay will be included in the computation of public vacation pay just if that date or dates falls throughout the pertinent 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 necessarily 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 4 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 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 vacation: Tuesday, December 25

In this example, the regular earnings earned by the worker and the trip pay payable to the staff member with regard to the four work weeks from November 22 to December 19 are used in the calculation of public holiday pay.

Calculating public vacation pay

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

1. Calculate Iryna’s total routine wages earned:
$ 120 each day X 5 days = $600 per week
$ 600 each week X 4 work weeks = $2,400.
Iryna made $2,400 of routine wages in the 4 work weeks before the general public vacation.

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

3. Combine her total salaries 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 holiday pay.

Example: When trip time is involved

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

1. Calculate Brock’s total routine wages earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Add together his total earnings earned and holiday 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 trip pay

Tegan works three days a week and makes $120 a day. She worked her last frequently arranged work day before the public holiday and her first frequently set up day after the vacation. She and her employer have concurred in composing that she will receive 4 percent trip pay on each paycheque.

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

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

3. Total her regular wages made and getaway pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public holiday pay.

Example: When there are no set hours and each pay cheque consists of vacation 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 concurred in composing that she will receive four per cent vacation pay on each pay cheque.

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

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

3. Total her routine incomes made and holiday 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 worker is on a leave

Zoe normally works five days a week, earning $120 a day. She gets getaway 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 incomes or getaway pay. She received maternity and parental gain from the federal Employment Insurance program, however these benefits are ruled out “salaries.”

Zoe is entitled to get public vacation pay for the public holidays that fall throughout her leave as long as she works her last routinely scheduled day before her leave and her very first regularly scheduled day after her leave, or has reasonable 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 holiday spend for Canada Day is:

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

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

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

Her public holiday pay for the remainder of the public vacations that fall throughout her leave will be $0. This is because she will not have made any wages or holiday pay on any of the days throughout the four work weeks before each of those holidays.

Example: When a staff member 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 salaries or vacation pay. He received work insurance benefits during this time, however these advantages are ruled out “earnings.”

Eugene was recalled 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 routinely scheduled day before the layoff and his first routinely set up day after the layoff, or has affordable cause for stopping working to do so.

However, since Eugene did not earn any wages or getaway pay in the 4 work weeks before those 2 public holidays, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker’s regular rate of pay. If an employee is entitled to receive exceptional spend for deal with a public holiday, they should be paid 1 1/2 times their regular rate of pay for each hour worked.

For example, Nathan’s routine 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 holiday is another working day of rest work that is designated to replace a public holiday. Employees are entitled to be paid public vacation pay for a substitute vacation.

A substitute vacation need to be scheduled for a day that is no later on than 3 months after the general public holiday for which it was made, or, if the worker has actually concurred digitally or in writing, the alternative day off can be arranged as much as 12 months after the general public vacation.

If a staff member gets a substitute holiday, the employer should provide the worker with a composed 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 employee. This statement needs to be supplied to the worker before the general public vacation.

Entitlements for public vacations

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

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

Most workers deserve to get the public holiday off and get paid public holiday pay. (Some workers might be needed to deal with a public holiday. See “Special rules for particular industries” later in this chapter.)

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

When a public holiday falls on a day that is not ordinarily a working day for an employee, or throughout the worker’s trip, the employee is entitled to either:

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

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

When a worker who certifies for the day off has concurred digitally or in composing to work on a public vacation

Most employees deserve to get the public vacation off and get paid public vacation pay. However, if a staff member agrees electronically or in writing to work on the public vacation, there are 2 choices:

– the worker is entitled to get routine salaries for all hours dealt with the public holiday, plus an alternative day off work with public holiday pay;.
or.

– if the staff member concurs electronically or in composing, they are entitled to public vacation spend for the public vacation plus premium pay for all hours dealt with the general public holiday. In this case, the employee will not be given an alternative 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 concurred digitally or in composing that he will deal with the general public vacation which, rather of getting a replacement vacation, he will be paid public holiday pay plus premium spend for all the hours he works on the holiday.

John-Duncan regularly works eight hours a day, 5 days a week. His routine hourly pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the general public vacation. He works eight hours on the public vacation. He receives his vacation pay when his getaway is taken. He was not on vacation throughout the 4 work weeks leading up to the general public vacation

Step 1: calculate public vacation pay:

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

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

3. Total 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 privilege is $160.

Step 2: calculate premium pay

Finally, the premium pay owing to John-Duncan for his deal with the general public holiday is determined:.
$ 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 exceptional pay of $240, for a total of $400.

When a worker consents to work on a public vacation however fails to do so

If a staff member has concurred digitally or in composing to deal with the general public holiday however does refrain from doing so – and does not have affordable cause for not having actually done so – the worker has no right to public holiday pay or to an alternative day off with pay.

However, if the worker has sensible cause for not working the public holiday, then privileges will depend upon which of the two alternatives below the worker picked in exchange for agreeing to deal with the public holiday:

– if the employee had concurred electronically or in writing to work on the general public vacation for routine incomes plus an alternative day off with public vacation pay, the employee is entitled to an alternative day of rest deal with public vacation pay;.
or.

– if the staff member had concurred digitally or in writing to deal with the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the holiday. The staff member is not entitled to get any superior pay since they did not carry out any work on the holiday.

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

If a staff member has actually concurred 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 sensible cause for stopping working to work all of the hours, the employee is just entitled to get premium spend for each hour worked on the vacation. The worker has no right to public holiday pay or a substitute day off work.

Example: A typical case

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

However, if the worker has reasonable cause for working only a few of the hours they agreed to work on the general public vacation, then:

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

– if the staff member had actually agreed digitally or in writing to deal with the public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour dealt with the vacation.

Special guidelines for specific industries

Special rules use to staff members who work in the list below types of companies:

– hotels, motels and traveler resorts;.

– dining establishments and taverns;.

– medical facilities and retirement 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 games part of a gambling establishment if the games tables are open around the clock).

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

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

– their routine rate for the hours worked on the public vacation, plus a substitute day off deal with public vacation pay;.
or.

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

The employer chooses which of these alternatives will apply.

Note that the company’s ability to require employees to deal with a public holiday goes through the worker’s right to take a day off for purposes of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note also that specific retail workers who work in continuous operations (for example, a 24-hour corner store) have the right to decline to work on a public vacation since of the unique rules that apply to some retail workers. See the “Retail employees” chapter of this guide for more details.

A staff member in the previously listed organizations who is required to deal with a public vacation that falls on their regular working day however stops working to do so, with sensible cause, is entitled to:

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

– public holiday pay for the holiday.

The company chooses which option will use.

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

– their routine rate for each hour dealt with the vacation plus an alternative vacation with public holiday pay;.
or.

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

The company selects which option will apply.

A worker in any of these companies who is needed to work on a public holiday that falls on their normal working day but who stops working, without reasonable cause, to work part or all of the public holiday is only entitled to get exceptional spend for each hour dealt with the vacation (if any). The employee has no right to public vacation pay or an alternative day of rest work.

Overtime calculations when a worker gets superior pay

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

If employment ends

Sometimes a staff member’s task comes to an end before the worker can take a replacement vacation with public holiday pay that they have actually made. In this case, the employer should pay the staff member’s public vacation pay at the exact same time it pays the worker’s final wages. This is so no matter the reason the job came to an end, whether it is since the worker stopped, was fired for excellent factor, or for some other factor.