Qualified Employees can Be Full-time

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

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

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

– be paid their regular salaries for all hours worked on the public vacation and get another alternative holiday for which they should be paid public vacation pay.

Some workers may be required to work on a public holiday. (See “Special guidelines for particular markets” later on in this Chapter.) While many staff members are qualified for the general public holiday privilege, some staff members work 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 unique rules apply, please refer to the Guide to employment requirements unique guidelines and exemptions.

Use the Employment Standards Self-Service Tool to examine 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, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of task pay payable to an employee.

While some employers give their staff members a holiday 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 kind of work for a company. A few of this work might be covered by the public holiday part of the ESA, while another kind of work may be exempt from public holiday protection.

If an employee performs both type of work, exempt and covered, they are qualified for the general public holiday privilege with respect to a particular public vacation if at least half of the work performed in the work week of the 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 coverage) 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 holiday part of the ESA, he is qualified for the public holiday entitlement for Canada Day.

Getting approved for public holiday privileges

Generally, staff members qualify for the general public holiday privilege unless they:

– stop working without affordable cause to work all of their last routinely arranged day of work before the public holiday or employment all of their very first frequently set up day of work after the 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 needed to work that day.

Note: Most workers who fail to certify for the public vacation entitlement are still entitled to be paid exceptional spend for every hour they deal with the vacation.

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

The “last and very first guideline”

The “last routinely set up day of work before the general public holiday” and the “very 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, an employee may not be set up to work the day right before or after the vacation. As long as the employee works all of their last regularly scheduled shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they satisfy this certifying requirement.

Reasonable cause

A worker is typically thought about to have “sensible cause” for missing work when something beyond their control prevents the employee from working. Employees are accountable for revealing that they had reasonable cause for staying away from work. If they can do so, they still certify for public vacation entitlements.

How the last and first rule works

Rosie’s routine work week ranges from Monday to Thursday. A public vacation falls on a Monday, employment and Rosie’s work environment closes down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the vacation, 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 off

A public holiday falls on a Monday, and Lev’s workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his company for consent to remove the Thursday before the general public holiday because he has a personal visit. His employer concurs. Lev’s last regularly scheduled work day before the holiday is now considered to be on the Wednesday.

If Lev works his whole 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 certifies for the paid public holiday.

Example: When an employee leaves early

A public vacation 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 public holiday. The employer agrees. Doris’s regularly scheduled shift on the Thursday before the general public vacation 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 affordable cause for failing to do so, she is entitled to the paid public vacation.

Example: When an employee 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 frequently arranged shift before his trip and very first regularly arranged shift after his holiday – on June 24 and July 10 – or has sensible cause for failing to do so, he will get approved for the paid public holiday.

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last frequently scheduled day of work before her leave, and her very 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 vacation.

Example: When there is no reasonable cause

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

Public vacation pay

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

When to include getaway pay in the computation of public vacation pay

The amount of holiday pay payable to include in the calculation of public vacation pay depends upon whether the employee is on getaway at any time during the 4 work weeks prior to the public vacation, and the way in which the employee is to be paid getaway pay. Please describe the Vacation chapter for information on the different ways getaway pay can be paid.

Vacation pay payable

If the employee is to be paid their holiday pay before they take a trip or on or before the pay day for the duration in which the vacation falls, holiday pay will be included in the computation of public holiday pay if the worker was on getaway throughout that 4 work week duration. If the staff member was not on getaway during that duration, no holiday pay will be included in the computation.

If the staff member is to be paid getaway pay with every pay cheque the quantity of vacation pay to consist of in the calculation of public holiday pay will be at least four per cent of all of the employee’s earnings made throughout the 4 work week period. (Note that if a staff member earns a higher portion of vacation pay, such as 6 per cent of incomes, then the “trip pay payable” will be based upon that higher portion.)

If a staff member is to get their vacation pay in a swelling amount on a particular date or dates, getaway pay will be consisted of in the calculation of public holiday pay only if that date or dates falls during the appropriate four work week duration.

Calculating the four work week duration 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 a company’s work week ranges from Thursday to Wednesday. In this case, the 4 work weeks utilized to calculate public holiday pay are those four weeks counting in reverse from the 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 made by the employee and the holiday pay payable to the employee with regard to the four work weeks from November 22 to December 19 are utilized in the estimation of public vacation pay.

Calculating public holiday pay

Iryna works five days a week and earns $120 a day. She worked her last regularly 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 vacation is taken. She was not on holiday during the 4 work weeks leading up to the general public holiday.

1. Calculate Iryna’s overall routine earnings earned:
$ 120 each day X 5 days = $600 each week
$ 600 each week X 4 work weeks = $2,400.
Iryna earned $2,400 of routine salaries in the four work weeks before the public vacation.

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

3. Combine her overall earnings 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 vacation pay.

Example: When getaway time is involved

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 holiday pay before he takes his holiday. He is paid $1,600 vacation spend for his 2 weeks of vacation. Brock worked his last routinely scheduled work day before the public holiday and his very first frequently arranged work day after the vacation.

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

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

3. Total his total wages earned and vacation payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 pay.

Example: When a worker works part-time and each pay cheque includes holiday pay

Tegan works three days a week and makes $120 a day. She worked her last regularly scheduled work day before the public vacation and her very first routinely scheduled day after the holiday. She and her company have actually agreed in writing that she will get 4 percent holiday pay on each paycheque.

1. Calculate Tegan’s regular incomes made:.
$ 120 per day X 3 days = $360 weekly.
$ 360 weekly X 4 weeks = $1,440.

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

3. Add together her routine incomes 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: 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 per day or days per week. Her pay varies from week to week, according to the time she has worked. She and her company have actually agreed in composing that she will receive four percent holiday pay on each pay cheque.

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

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

3. Total her routine wages earned and trip pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public vacation pay.

Example: When a worker is on a leave

Zoe usually works 5 days a week, earning $120 a day. She gets vacation 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 vacation pay. She got maternity and adult advantages from the federal Employment Insurance program, but these benefits are ruled out “incomes.”

Zoe is entitled to get public holiday spend for the public vacations that fall throughout her leave as long as she works her last regularly scheduled day before her leave and her first routinely scheduled day after her leave, or has affordable cause for stopping working 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 vacation. 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 holiday throughout the 4 work week period).

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

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

Example: When a worker is on a layoff

Eugene generally works five days a week, making $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid incomes or holiday pay. He got work insurance benefits during this time, but these advantages are not considered “incomes.”

Eugene was recalled 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 set up day before the layoff and his first regularly scheduled day after the layoff, or has sensible cause for failing to do so.

However, since Eugene did not make any salaries 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 an employee’s regular rate of pay. If a worker is entitled to receive exceptional pay for deal with a public vacation, 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 implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

A replacement holiday is another working day of rest work that is designated to replace a public holiday. Employees are entitled to be paid public vacation spend for an alternative vacation.

A replacement vacation must be arranged for a day that is no later than three months after the public vacation for which it was earned, or, if the worker has agreed electronically or in composing, the alternative day off can be arranged as much as 12 months after the general public holiday.

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

Entitlements for public holidays

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

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

Most employees have the right to get the general public holiday off and make money public vacation pay. (Some employees might be required to work on a public holiday. See “Special guidelines for particular markets” later in this chapter.)

When a public holiday falls on an employee’s non-working day or throughout an employee’s vacation

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

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

– public vacation pay for the general public vacation, if the worker consents to this electronically or in writing (in this case, the staff member will not be provided an alternative day off).

When a worker who gets approved for the day off has concurred electronically or in composing to deal with a public holiday

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

– the employee is entitled to receive regular salaries for all hours dealt with the general public vacation, plus an alternative day of rest work with public vacation pay;.
or.

– if the employee agrees electronically or in writing, they are entitled to public vacation pay for the public holiday plus premium spend for all hours dealt with the public vacation. In this case, the worker will not be provided an alternative day off.

Example: Calculating public holiday pay plus premium pay

A public holiday falls on one of John-Duncan’s normal working days. He and his employer have actually concurred digitally or in writing that he will deal with the public holiday and that, instead 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 regularly works 8 hours a day, five days a week. His regular per hour pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the general public holiday. He works 8 hours on the public vacation. He receives his vacation pay when his trip is taken. He was not on vacation throughout the four work weeks leading up to the general public vacation

Step 1: calculate public vacation pay:

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

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

3. Total his total wages made and getaway pay and employment 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: compute superior pay

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

John-Duncan’s premium pay 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 staff member accepts deal with a public holiday however stops working to do so

If a worker has agreed electronically or in composing to deal with the public vacation however does not do so – and does not have affordable cause for not having actually done so – the staff member has no right to public holiday pay or to a substitute day of rest with pay.

However, if the staff member has affordable cause for not working the public vacation, then entitlements will depend on which of the 2 choices listed below the staff member chose in exchange for consenting to deal with the public holiday:

– if the employee had actually concurred electronically or in composing to work on the general public vacation for routine incomes plus a substitute day of rest with public vacation pay, the staff member is entitled to an alternative day of rest work with public vacation pay;.
or.

– if the staff member had actually agreed digitally or in composing to deal with the public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay for the holiday. The worker is not entitled to get any premium pay since they did not carry out any deal with the vacation.

When an employee works only some of the hours they consented to deal with a public holiday

If a worker has agreed digitally or in composing to deal with the public holiday however works only some of the hours they concurred to work, and does not have affordable cause for stopping working to work all of the hours, the staff member is only entitled to get premium pay for each hour worked on the vacation. The worker has no right to public holiday pay or a substitute day of rest work.

Example: A typical case

Trudi had actually agreed in writing that she would work eight hours on Canada Day however she only worked four hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled just to premium spend for the 4 hours she worked on the holiday. She is not entitled to public vacation pay or to an alternative day off work.

However, if the employee has affordable cause for working only a few of the hours they consented to deal with the general public holiday, then:

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

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

Special rules for particular industries

Special rules use to employees who operate in the following types of businesses:

– hotels, motels and tourist resorts;.

– restaurants and pubs;.

– medical facilities and assisted living home;.

– continuous 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 business or the video games part of a gambling establishment if the games tables are open around the clock).

A staff member who works in any of these companies can be required 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 general public holiday, plus a substitute day off work with public holiday pay;.
or.

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

The employer selects which of these choices will use.

Note that the company’s ability to need workers to deal with a public vacation undergoes the employee’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the staff member’s employment contract. Note also that specific retail workers who operate in continuous operations (for example, a 24-hour corner store) deserve to refuse to work on a public holiday because of the special rules that apply to some retail workers. See the “Retail workers” chapter of this guide for more details.

An employee in the formerly noted services who is needed to deal with a public vacation that falls on their normal working day however stops working to do so, with sensible cause, is entitled to:

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

– public holiday spend for the holiday.

The employer chooses which option will apply.

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

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

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

The company picks which option will apply.

A staff member in any of these businesses who is required to work on a public holiday that falls on their regular working day however who fails, without reasonable cause, to work part or all of the public holiday is just entitled to get superior pay for each hour dealt with the holiday (if any). The staff member has no right to public vacation pay or an alternative day off work.

Overtime estimations when a staff member gets superior pay

Any hours worked on a public vacation that are compensated with superior pay are not consisted of when figuring out whether a staff member has actually worked any overtime hours.

If employment ends

Sometimes a staff member’s task pertains to an end before the employee can take an alternative holiday with public vacation pay that they have actually earned. In this case, the employer needs to pay the employee’s public holiday pay at the exact same time it pays the worker’s last salaries. This is so regardless of the reason the job came to an end, whether it is since the worker gave up, was fired for great reason, or for some other reason.