Qualified Employees can Be Full Time

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

Alternatively, the staff member can concur digitally or in writing to work on the vacation and be paid:

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

– be paid their routine wages for all hours dealt with the public holiday and get another alternative vacation 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 many staff members are eligible for the general public vacation privilege, some workers operate in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if unique rules use, please describe the Guide to work standards unique rules and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular wages 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 task pay payable to a staff member.

While some companies give their employees a vacation on Easter Sunday, Easter Monday, the 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 carry out more than one type of work for an employer. Some of this work may be covered by the public vacation part of the ESA, while another type of work may be exempt from public holiday coverage.

If an employee carries out both type of work, exempt and covered, they are qualified for employment the public vacation entitlement with respect to a specific public vacation if a minimum of half of the work performed 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, a minimum of 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 holiday privilege for Canada Day.

Qualifying for public holiday entitlements

Generally, workers receive the public vacation privilege unless they:

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

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

Note: Most staff members who fail to qualify for employment the public holiday entitlement are still entitled to be paid exceptional pay for every hour they work on the vacation.

Qualified staff members can be full-time, part time, long-term or on term agreement. It does not matter how recently they were employed, or how many days they worked before the general public vacation.

The “last and first guideline”

The “last routinely arranged day of work before the public holiday” and the “very first regularly arranged 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 may not be scheduled to work the day right before or after the vacation. As long as the employee works all of their last frequently 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 fulfill this qualifying criterion.

Reasonable cause

A worker is usually thought about to have “sensible cause” for missing out on work when something beyond their control prevents the staff member from working. Employees are accountable for showing that they had affordable cause for keeping away from work. If they can do so, they still certify for public holiday privileges.

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 office 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 affordable cause for stopping working to work either of those days, she certifies to be paid for the holiday.

Example: When an employee 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 asked his employer for permission to remove the Thursday before the public holiday due to the fact that he has an individual visit. His employer concurs. Lev’s last regularly scheduled work day before the vacation is now considered to be on the Wednesday.

If Lev works his entire Wednesday shift before the vacation 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 a worker leaves early

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

Example: When a worker is on getaway

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

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 frequently arranged day of work before her leave, and her first routinely set up day of work after her leave, or has affordable cause for failing to do so, she will be entitled to the paid public holiday.

Example: When there is no affordable cause

A public vacation falls on a Monday, and Ellen’s work environment is closed for the vacation. Ellen does not work on her last scheduled day before the vacation, and employment she does not have affordable cause for employment missing that day. She gets no pay for the vacation.

Public vacation pay

The amount of public holiday pay to which a staff member is entitled is all of the regular earnings 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 employee with regard to the four work weeks before the work week with the general public vacation, divided by 20.

When to consist of trip pay in the computation of public holiday pay

The amount of holiday pay payable to consist of in the calculation of public vacation pay depends on whether the staff member is on vacation at any time throughout the 4 work weeks prior to the general public holiday, and the manner in which the staff member is to be paid vacation pay. Please describe the Vacation chapter for info on the various ways vacation pay can be paid.

Vacation pay payable

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

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

If a worker is to get their holiday pay in a swelling amount on a certain date or dates, holiday pay will be consisted of in the calculation of public holiday pay just if that date or dates falls throughout the appropriate four work week period.

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

The 4 weeks before the public holiday is based upon 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 runs from Thursday to Wednesday. In this case, the four work weeks utilized to determine public vacation pay are those four weeks counting in reverse from the first Wednesday (the last day of the company’s work week) before the work week in which the general 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 vacation: Tuesday, December 25

In this example, the routine earnings made by the worker and the trip pay payable to the employee with regard to the four work weeks from November 22 to December 19 are utilized in the calculation of public holiday pay.

Calculating public holiday pay

Iryna works 5 days a week and makes $120 a day. She worked her last regularly arranged work day before the public holiday and her first frequently arranged day after the holiday. She receives her holiday pay when her holiday is taken. She was not on trip during the 4 work weeks leading up to the public holiday.

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

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

3. Add together her overall wages earned and holiday pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public vacation pay.

Example: When trip time is included

Brock works 5 days a week and earns $160 a day. He was on getaway for 2 of the 4 weeks before the public holiday. He receives trip pay before he takes his vacation. He is paid $1,600 vacation spend for his 2 weeks of trip. Brock worked his last routinely arranged work day before the general public vacation and his first frequently scheduled work day after the vacation.

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

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

3. Add together his overall salaries earned and holiday 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 consists of getaway pay

Tegan works 3 days a week and makes $120 a day. She worked her last frequently set up work day before the public holiday and her very first regularly set up day after the holiday. She and her employer have agreed in writing that she will get 4 percent getaway pay on each paycheque.

1. Calculate Tegan’s routine earnings made:.
$ 120 each day X 3 days = $360 weekly.
$ 360 per week X 4 weeks = $1,440.

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

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

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

Example: When there are no set hours and each pay cheque consists of trip pay

Bertie does not work a set variety of hours daily or days each week. Her pay varies from week to week, according to the time she has worked. She and her company have actually agreed in writing that she will get 4 percent holiday pay on each pay cheque.

1. Bertie’s routine wages earned 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 routine 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: employment When an employee is on a leave

Zoe typically works five days a week, earning $120 a day. She receives getaway pay before she goes on getaway. 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 wages or vacation pay. She got maternity and adult benefits from the federal Employment Insurance program, but these advantages are ruled out “salaries.”

Zoe is entitled to get public holiday pay for the public holidays that fall throughout her leave as long as she works her last frequently scheduled day before her leave and her very first frequently scheduled day after her leave, or has sensible cause for stopping working to do so.

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

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

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

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

Her public holiday pay for the rest of the public holidays that fall during her leave will be $0. This is due to the fact that she will not have actually earned any earnings or trip pay on any of the days during the 4 work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene generally works five 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 holiday pay. He work insurance benefits during this time, however these advantages are not considered “earnings.”

Eugene was remembered to work on 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 frequently set up day after the layoff, or has reasonable cause for failing to do so.

However, because Eugene did not earn any incomes or holiday pay in the four work weeks before those 2 public vacations, the amount of public holiday 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 an employee is entitled to get premium pay for work on a public holiday, they must be paid 1 1/2 times their regular rate of pay for each hour worked.

For example, Nathan’s regular rate of pay is $20 an hour. This implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

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

A substitute holiday must be arranged for a day that is no later on than three months after the general public vacation for which it was earned, or, if the staff member has agreed electronically or in writing, the substitute day off can be scheduled up to 12 months after the general public holiday.

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

Entitlements for public holidays

Entitlements for public vacations differ depending on such things as whether the holiday falls on a working day or a non-working day and whether the employee works on the holiday. The different entitlements are set out below.

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

Most staff members have the right to get the general public vacation off and get paid public vacation pay. (Some employees might be required to deal with a public holiday. See “Special rules for certain markets” later on 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 staff member, or during the staff member’s holiday, the employee is entitled to either:

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

– public holiday pay for the public vacation, if the employee accepts this digitally or in composing (in this case, the worker will not be provided an alternative day off).

When a staff member who certifies for the day off has actually concurred electronically or in writing to deal with a public vacation

Most employees have the right to get the public vacation off and get paid public vacation pay. However, if an employee agrees electronically or in composing to work on the public vacation, there are 2 options:

– the worker is entitled to receive regular incomes for all hours dealt with the general public vacation, plus an alternative day of rest deal with public holiday pay;.
or.

– if the worker concurs digitally or in composing, they are entitled to public vacation pay for the public holiday plus premium pay for all hours dealt with the public vacation. In this case, the worker will not be offered an alternative day of rest.

Example: Calculating public holiday pay plus premium pay

A public holiday falls on one of John-Duncan’s regular working days. He and his employer have actually concurred digitally or in composing that he will deal with the general public vacation which, instead of getting a replacement vacation, he will be paid public vacation pay plus premium spend for all the hours he works on the vacation.

John-Duncan regularly works eight hours a day, 5 days a week. His routine per hour pay rate is $20. He has dealt with 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 holiday pay when his vacation is taken. He was not on getaway throughout the four work weeks leading up to the public holiday

Step 1: determine public holiday pay:

1. Calculate John-Duncan’s total routine salaries earned in the four work weeks before the general public vacation:
8 hours per day X $20 per hour = $160 per day
$ 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 vacation pay payable with regard to the 4 work week duration:.
John-Duncan receives his trip pay when he takes his holiday. Because he was not on holiday during the four work week period, the amount of getaway pay payable with regard to the four work weeks before the public holiday = $0.

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

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

Step 2: calculate premium pay

Finally, the premium pay owing to John-Duncan for his deal with the public vacation 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 exceptional pay of $240, for a total of $400.

When an employee agrees to work on a public vacation however fails to do so

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

However, if the staff member has reasonable cause for not working the public vacation, then privileges will depend upon which of the two alternatives below the employee chose in exchange for consenting to work on the general public holiday:

– if the staff member had agreed electronically or in writing to work on the public vacation for routine salaries plus a substitute day off with public vacation pay, the staff member is entitled to an alternative day of rest work with public vacation pay;.
or.

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

When a worker works only a few of the hours they consented to work on a public holiday

If a worker has actually concurred electronically or in writing to work on the public holiday however works only a few of the hours they accepted work, and does not have reasonable cause for stopping working to work all of the hours, the worker is only entitled to receive premium spend for each hour dealt with the holiday. The staff member has no right to public holiday pay or an alternative day off work.

Example: A typical case

Trudi had actually concurred in writing that she would work 8 hours on Canada Day but she just worked four hours and did not have reasonable cause for stopping working to work the other 4 hours. Trudi is entitled only to premium pay for the 4 hours she worked on the holiday. She is not entitled to public holiday pay or to a substitute day off work.

However, if the staff member has affordable cause for working just some of the hours they consented to deal with the public holiday, then:

– the worker is entitled to their regular rate for all the hours worked plus a substitute day of rest work with public holiday pay;.
or.

– if the employee had actually agreed digitally or in composing to work on the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour worked on the vacation.

Special guidelines for specific industries

Special rules use to employees who work in the list below kinds of companies:

– hotels, motels and traveler 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 as soon as a week – such as an oil refinery, alarm-monitoring business or the video games part of a casino if the games tables are open all the time).

A worker who works in any of these services can be needed to work on a public holiday without their agreement, however only if the holiday falls on a day that the employee would generally work and the worker is not on vacation.

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

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

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

The employer chooses which of these choices will use.

Note that the employer’s capability to require workers to deal with a public vacation is subject to the worker’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the employee’s employment agreement. Note also that specific retail workers who work in continuous operations (for example, a 24-hour convenience store) have the right to decline to work on a public holiday since of the special guidelines that apply to some retail workers. See the “Retail employees” chapter of this guide for more details.

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

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

– public holiday spend for the vacation.

The employer picks which alternative will use.

An employee in any of these services who is required to work on a public vacation that falls on their normal working day however who fails, with sensible cause, to work a few of the hours they were needed to work on the vacation is entitled to either:

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

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

The company chooses which choice will apply.

A staff member in any of these businesses who is required to deal with a public vacation that falls on their common working day but who fails, without sensible cause, to work part or all of the public vacation is only entitled to get superior spend for each hour dealt with the vacation (if any). The employee has no right to public holiday pay or an alternative day of rest work.

Overtime calculations when a staff member gets exceptional pay

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

If work ends

Sometimes a worker’s task comes to an end before the staff member can take an alternative holiday with public holiday pay that they have actually made. In this case, the company must pay the worker’s public vacation pay at the same time it pays the worker’s final salaries. This is so no matter the factor the job concerned an end, whether it is due to the fact that the staff member quit, was fired for great factor, or for some other reason.