Qualified Employees can Be Full-time

Most workers who qualify are entitled to take these days off work and be paid public holiday pay.

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

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

– be paid their regular wages for all hours dealt with the public vacation and get another replacement holiday for which they should be paid public holiday pay.

Some workers may be required to work on a public holiday. (See “Special guidelines for particular markets” later in this Chapter.) While most employees are eligible for the general public vacation privilege, some employees work in tasks that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To identify whether a job is covered, or if special rules apply, please describe the Guide to work standards special rules and exemptions.

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

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

Regular earnings does not include any overtime pay, getaway pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to an employee.

While some companies 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 staff members perform more than one kind of work for an employer. A few of this work might be covered by the public holiday part of the ESA, while another type of work may be exempt from public holiday coverage.

If a worker carries out both type of work, exempt and covered, they are qualified for the 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 business as both a taxi cab motorist (work that is exempt from public vacation coverage) and employment 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 holiday part of the ESA, he is eligible for the general public vacation privilege for Canada Day.

Receiving public vacation privileges

Generally, staff members certify for the general public vacation entitlement unless they:

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

– fail without affordable cause to work their entire shift on the general public vacation if they consented to or were required to work that day.

Note: Most employees who stop working to certify for the general public holiday entitlement are still entitled to be paid superior pay for every hour they work on the vacation.

Qualified workers can be full-time, part-time, permanent or on term agreement. It does not matter how just recently they were employed, or the number of days they worked before the public holiday.

The “last and first guideline”

The “last regularly scheduled day of work before the general public holiday” and the “first routinely arranged day of work after the general public holiday” do not have to be the days right previously and right after the vacation.

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

Reasonable cause

A staff member is typically thought about to have “reasonable cause” for missing out on work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had sensible cause for staying away from work. If they can do so, they still get approved for public vacation entitlements.

How the last and first rule works

Rosie’s routine work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace shuts down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the holiday, or has affordable cause for failing 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 vacation falls on a Monday, and Lev’s office closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his employer for authorization to remove the Thursday before the general public holiday because he has an individual consultation. His employer concurs. Lev’s last frequently scheduled 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 employment has reasonable cause for not working either of those days, he receives the paid public holiday.

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s office is closed for the vacation. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the general public holiday. The company concurs. Doris’s regularly arranged shift on the Thursday before the public holiday is now considered to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has sensible cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When a staff member is on vacation

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

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last frequently set up day of work before her leave, and her very first routinely set up 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 vacation 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 reasonable cause for missing that day. She gets no pay for the vacation.

Public vacation pay

The amount of public vacation pay to which a staff member is entitled is all of the regular wages earned by the employee in the 4 work weeks before the work week with the public holiday plus all of the trip pay payable to the employee with regard to the four work weeks before the work week with the general public holiday, divided by 20.

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

The quantity of getaway pay payable to include in the computation of public vacation pay depends upon whether the employee is on vacation at any time during the 4 work weeks prior to the public vacation, and the manner in which the employee is to be paid holiday pay. Please describe the Vacation chapter for details on the different methods vacation pay can be paid.

Vacation pay payable

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

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

If a staff member is to receive their trip pay in a swelling amount on a specific date or dates, vacation pay will be consisted of in the computation of public vacation pay only if that date or dates falls throughout the appropriate 4 work week period.

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

The four weeks before the public vacation is based on the company’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 four work weeks utilized to calculate public holiday pay are those 4 weeks counting backwards from the very first Wednesday (the last day of the employer’s work week) before the work week in which the public vacation falls.

– Week 1: Thursday, November 22 – Wednesday, November 28

– Week 2: Thursday, November 29 – Wednesday, December 5

– Week 3: Thursday, December 6 – Wednesday, December 12

– Week 4: Thursday, December 13 – Wednesday, December 19

Public holiday: Tuesday, December 25

In this example, the regular incomes earned by the employee and the vacation pay payable to the worker with respect to the 4 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 routinely set up work day before the public vacation and her very first regularly arranged day after the vacation. She gets her trip pay when her getaway is taken. She was not on trip during the four work weeks leading up to the general public vacation.

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

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

3. Combine her overall salaries made 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 holiday pay.

Example: When holiday time is included

Brock works five days a week and makes $160 a day. He was on holiday for two of the 4 weeks before the public holiday. He gets vacation pay before he takes his holiday. He is paid $1,600 vacation spend for his two weeks of holiday. Brock worked his last frequently arranged work day before the public vacation and his very first frequently arranged work day after the holiday.

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

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

3. Add together his total earnings 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 staff member works part-time and each pay cheque includes getaway pay

Tegan works 3 days a week and earns $120 a day. She worked her last routinely set up work day before the public vacation and her first frequently arranged day after the vacation. She and her company have actually concurred in composing that she will get four percent holiday pay on each paycheque.

1. Calculate Tegan’s regular salaries made:.
$ 120 each day X 3 days = $360 each 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 each week.
$ 14.40 each week X 4 weeks = $57.60.

3. Add together her routine salaries made and holiday pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: employment Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque includes holiday pay

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

1. Bertie’s routine wages made throughout the four work weeks before the vacation are $1,500.

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

3. Add together her regular earnings earned and trip 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 an employee is on a leave

Zoe generally works five days a week, earning $120 a day. She gets holiday 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 salaries or holiday pay. She got maternity and parental take advantage of the federal Employment Insurance program, however these benefits are ruled out “salaries.”

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

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

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

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

– Public vacation 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 since she will not have actually made any incomes or holiday pay on any of the days during the 4 work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene normally works 5 days a week, making $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid earnings or getaway pay. He received employment insurance benefits throughout this time, however these benefits are not considered “salaries.”

Eugene was remembered to work on December 27. He is entitled to be paid public holiday spend for Christmas Day and Boxing Day as long as he works his last routinely arranged day before the layoff and his first regularly scheduled day after the layoff, or has reasonable cause for stopping working to do so.

However, due to the fact that Eugene did not earn any incomes or getaway pay in the 4 work weeks before those 2 public vacations, the quantity of public holiday 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 a staff member is entitled to receive premium pay for deal with a public vacation, they need to 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 means 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 off work that is designated to change a public vacation. Employees are entitled to be paid public vacation spend for a replacement vacation.

An alternative vacation need to be scheduled for a day that is no later than three months after the public vacation for which it was made, or, if the employee has actually concurred electronically or in writing, the alternative day off can be scheduled approximately 12 months after the general public holiday.

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

Entitlements for public vacations

Entitlements for public holidays vary depending upon such things as whether the holiday falls on a working day or a non-working day and whether the staff member works on the vacation. The various entitlements are set out listed below.

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

Most employees deserve to get the public vacation off and get paid public holiday pay. (Some workers may be needed to work on a public holiday. See “Special guidelines for particular markets” later in this chapter.)

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

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

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

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

When an employee who certifies for the day off has actually concurred electronically or in composing to deal with a public holiday

Most workers have the right to get the general public holiday off and earn money public vacation pay. However, if a staff member agrees electronically or in writing to work on the general public holiday, there are 2 options:

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

– if the staff member concurs electronically or in writing, employment they are entitled to public holiday pay for the general public holiday plus premium spend for all hours worked on the general 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 normal working days. He and his employer have agreed digitally or in writing that he will deal with the public vacation and that, rather of getting a substitute vacation, he will be paid public vacation pay plus premium pay for all the hours he deals with the holiday.

John-Duncan frequently works eight hours a day, five days a week. His regular hourly pay rate is $20. He has worked on all his scheduled work days in the four work weeks before the public holiday. He works eight hours on the public holiday. He gets his holiday pay when his holiday is taken. He was not on trip throughout the four work weeks leading up to the public holiday

Step 1: calculate public holiday pay:

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

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

3. Combine his overall incomes made and holiday pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public holiday pay entitlement is $160.

Step 2: compute superior pay

Finally, the premium pay owing to John-Duncan for his work on the public holiday is calculated:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay privilege is $240.

Result: John-Duncan is entitled to public holiday pay of $160 and exceptional pay of $240, for an overall of $400.

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

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

However, if the employee has affordable cause for not working the public holiday, then privileges will depend upon which of the 2 choices listed below the worker picked in exchange for concurring to deal with the general public vacation:

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

– if the worker had concurred electronically or in composing 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 for the holiday. The employee is not entitled to get any premium pay because they did not perform any work on the holiday.

When a staff member works only some of the hours they agreed to deal with a public vacation

If an employee has concurred digitally or in composing to deal with the public vacation but works just a few of the hours they consented to work, and does not have reasonable cause for failing to work all of the hours, the staff member is just entitled to get exceptional spend for each hour worked on the holiday. The employee has no right to public vacation pay or an alternative day of rest work.

Example: A normal case

Trudi had actually agreed in writing that she would work eight hours on Canada Day however she just worked 4 hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled only to premium spend for the 4 hours she worked on the vacation. She is not entitled to public holiday pay or to a substitute day of rest work.

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

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

– if the employee had actually agreed digitally or in writing to work on the general public holiday for public vacation pay plus premium spend 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 specific markets

Special rules use to employees who work in the following kinds of organizations:

– hotels, motels and tourist resorts;.

– restaurants and pubs;.

– hospitals 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 video games part of a casino if the games tables are open around the clock).

A staff member who works in any of these businesses can be needed to work on a public holiday without their arrangement, however just if the holiday falls on a day that the employee would normally work and the staff member is not on trip.

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

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

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

The employer picks which of these choices will apply.

Note that the employer’s ability to require staff members to work on a public holiday goes through the worker’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the terms of the staff member’s employment contract. Note also that particular retail workers who operate in continuous operations (for example, a 24-hour corner store) can decline to work on a public holiday due to the fact that of the special rules that apply to some retail employees. See the “Retail employees” chapter of this guide for more details.

A staff member in the previously noted services who is needed to deal with a public vacation that falls on their regular working day but stops working to do so, with sensible cause, is entitled to:

– a substitute holiday with public holiday pay;.
or.

– public vacation pay for the vacation.

The company chooses which alternative will apply.

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

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

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

The employer picks which option will use.

A staff member in any of these organizations who is needed to deal with a public holiday that falls on their ordinary working day but who fails, without reasonable cause, to work part or all of the public vacation is just entitled to receive superior spend for each hour dealt with the holiday (if any). The staff member has no right to public vacation pay or a substitute day off work.

Overtime estimations when a worker receives premium pay

Any hours worked on a public holiday that are compensated with exceptional pay are not consisted of when determining whether a staff member has actually worked any overtime hours.

If work ends

Sometimes a worker’s job 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 must pay the staff member’s public holiday pay at the very same time it pays the staff member’s last incomes. This is so regardless of 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 employment for some other reason.