Qualified Employees can Be Full Time

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

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

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

– be paid their regular salaries for all hours dealt with the general public vacation and receive another substitute vacation for which they should be paid public vacation pay.

Some workers might be needed to work on a public holiday. (See “Special rules for specific markets” later on in this Chapter.) While the majority of workers are eligible for the public holiday entitlement, some staff members operate in tasks that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To figure out whether a task is covered, or if special rules apply, please refer to the Guide to work requirements special guidelines and exemptions.

Use the Employment Standards Self-Service Tool to inspect compliance with public vacations and job other employment requirements entitlements.

See “Public holiday pay” later in this chapter.

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

While some employers provide their staff members a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.

Performing both covered and exempt work

Some employees perform more than one sort of work for an employer. 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 vacation coverage.

If a staff member performs both kinds of work, exempt and covered, they are eligible for the general public vacation privilege with respect to a specific public holiday if at least 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 protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is eligible for the public vacation privilege for Canada Day.

Qualifying for public vacation privileges

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

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

– fail without reasonable cause to work their whole shift on the public vacation if they accepted or were needed to work that day.

Note: Most workers who stop working to get approved for the general public holiday privilege are still entitled to be paid premium spend for every hour they deal with the holiday.

Qualified staff members can be full-time, part time, long-term 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 rule”

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

For instance, an employee may not be arranged to work the day right before or after the vacation. As long as the employee works all of their last frequently scheduled shift before the holiday and all of the first one after it, or has sensible cause for not working either of those days, they fulfill this qualifying criterion.

Reasonable cause

An employee is normally considered to have “reasonable cause” for missing work when something beyond their control prevents the worker from working. Employees are accountable for showing that they had affordable cause for keeping away from work. If they can do so, they still receive public vacation privileges.

How the last and very first rule works

Rosie’s regular work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace closes down for that day. If Rosie works the whole shift on the Thursday before the holiday and the Tuesday after the holiday, or has reasonable cause for failing to work either of those days, she certifies to be paid for the holiday.

Example: When an employee takes a day off

A public holiday falls on a Monday, and Lev’s work environment shuts down for that day. Lev regularly works Monday to Thursday. Lev has asked his employer for permission to take off the Thursday before the general public holiday because he has a personal visit. His company agrees. Lev’s last regularly set up work day before the vacation 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 gets approved for the paid public vacation.

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the holiday. Doris normally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the public holiday. The company agrees. Doris’s routinely arranged shift on the Thursday before the general 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 stopping working to do so, job she is entitled to the paid public holiday.

Example: When a worker 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 getaway and very first regularly arranged shift after his trip – on June 24 and July 10 – or has reasonable 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 holiday occurs. If Lydia works her last frequently scheduled day of work before her leave, and her very first frequently scheduled day of work after her leave, or has sensible cause for failing to do so, she will be entitled to the paid public vacation.

Example: When there is no reasonable 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 holiday, and she does not have sensible cause for missing 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 salaries earned by the employee in the four work weeks before the work week with the public vacation plus all of the trip pay payable to the worker with respect to the 4 work weeks before the work week with the general public vacation, divided by 20.

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

The quantity of holiday pay payable to include in the calculation of public vacation pay depends on whether the employee is on trip at any time throughout the 4 work weeks prior to the public holiday, and the way in which the worker is to be paid holiday pay. Please refer to the Vacation chapter for info on the different ways can be paid.

Vacation pay payable

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

If the employee is to be paid vacation pay with every pay cheque the quantity of trip pay to include in the calculation of public vacation pay will be at least 4 per cent of all of the employee’s earnings made during the 4 work week period. (Note that if an employee makes a higher percentage of vacation pay, such as six percent of earnings, then the “getaway pay payable” will be based upon that greater percentage.)

If a staff member is to receive their getaway pay in a swelling amount on a certain date or dates, trip pay will be consisted of in the calculation of public vacation pay just if that date or dates falls throughout the relevant four work week period.

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

The 4 weeks before the general public holiday is based upon the company’s work week and is not always 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 four work weeks used to compute public vacation pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the employer’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 holiday: Tuesday, December 25

In this example, the regular earnings earned by the employee and the getaway pay payable to the employee with respect to the four work weeks from November 22 to December 19 are utilized in the computation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Total her overall incomes earned and vacation 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 vacation time is included

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

1. Calculate Brock’s total routine salaries 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 four work weeks prior to the work week with the public holiday, and is paid getaway pay before he takes his vacation. The amount of vacation pay payable with regard to the four work weeks prior to the work week with the public vacation = $1,600.

3. Combine his overall incomes made and getaway 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 an employee works part-time and each pay cheque includes vacation pay

Tegan works 3 days a week and earns $120 a day. She worked her last routinely set up work day before the public holiday and her very first regularly set up day after the holiday. She and her company have concurred in composing that she will receive 4 percent getaway pay on each paycheque.

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

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

3. Combine her regular salaries earned and vacation 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 includes vacation pay

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

1. Bertie’s routine salaries made throughout the 4 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 vacation pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When a worker is on a leave

Zoe generally works 5 days a week, making $120 a day. She gets getaway pay before she goes on vacation. 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 earnings or holiday pay. She got maternity and parental benefits from the federal Employment Insurance program, however these advantages are ruled out “salaries.”

Zoe is entitled to receive public holiday spend for the general public vacations that fall during her leave as long as she works her last regularly scheduled day before her leave and her very first frequently set up day after her leave, or job has affordable cause for stopping working to do so.

Zoe went on leave on June 10 and only worked 7 days throughout 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 holiday during the four work week period).

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

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

Example: When a staff member is on a layoff

Eugene typically works five days a week, making $100 a day. He was positioned on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He received employment insurance coverage benefits throughout this time, but these benefits are ruled out “earnings.”

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 regularly arranged day before the layoff and his first regularly scheduled day after the layoff, or has affordable cause for stopping working to do so.

However, since Eugene did not earn any salaries or vacation pay in the 4 work weeks before those 2 public holidays, the amount of public holiday 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 an employee is entitled to get superior spend for work on a public vacation, they need to be paid 1 1/2 times their regular rate of pay for each hour worked.

For instance, 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 off work that is designated to replace a public vacation. Employees are entitled to be paid public holiday pay for an alternative holiday.

A substitute vacation should be set up for a day that is no behind three months after the general public vacation for which it was earned, or, if the worker has agreed electronically or in composing, the alternative day of rest can be arranged up to 12 months after the general public vacation.

If a worker gets an alternative vacation, the company must provide the worker with a composed statement that sets out the general public holiday that is being replaced, the date of the substitute vacation, and the date that the declaration was given to the staff member. This statement should be provided to the employee before the general public holiday.

Entitlements for public vacations

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

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

Most staff members have the right to get the public vacation off and make money public vacation pay. (Some employees might be required to deal with a public vacation. See “Special rules for particular markets” later in this chapter.)

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

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

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

– public holiday spend for the general public vacation, if the employee consents to this electronically or in writing (in this case, the employee will not be provided a substitute day of rest).

When a worker who certifies for the day of rest has concurred electronically or in composing to deal with a public vacation

Most workers deserve to get the public vacation off and get paid public vacation pay. However, if an employee agrees digitally or in composing to work on the public holiday, there are 2 options:

– the staff member is entitled to get regular earnings for all hours dealt with the general public holiday, plus a substitute day of rest deal with public vacation pay;.
or.

– if the worker concurs electronically or in writing, they are entitled to public holiday pay 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 a substitute day off.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan routinely works 8 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 4 work weeks before the public holiday. He works eight hours on the general public vacation. He gets his vacation pay when his getaway is taken. He was not on holiday during the four work weeks leading up to the public vacation

Step 1: determine public holiday pay:

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

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

3. Total his overall earnings made and trip 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: 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 superior pay of $240, for a total of $400.

When an employee concurs to deal with a public holiday but fails to do so

If an employee has actually agreed electronically or in composing to work on the public holiday but does not do so – and does not have sensible cause for not having actually done so – the employee has no right to public vacation pay or to an alternative day of rest with pay.

However, if the employee has reasonable cause for not working the general public holiday, then privileges will depend on which of the two choices below the employee picked in exchange for agreeing to work on the general public vacation:

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

– if the staff member had concurred digitally or in composing to work on the public holiday for public vacation pay plus premium pay for each hour worked, job they are entitled to be paid public holiday spend for the holiday. The staff member is not entitled to receive any premium pay due to the fact that they did not perform any work on the holiday.

When an employee works only a few of the hours they concurred to work on a public vacation

If an employee has actually concurred digitally or in writing to deal with the public holiday but works only some of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the employee is just entitled to get exceptional spend for each hour worked on the vacation. The worker has no right to public holiday pay or an alternative day of rest work.

Example: A typical case

Trudi had agreed in writing that she would work 8 hours on Canada Day but she just worked four hours and did not have sensible cause for failing to work the other 4 hours. Trudi is entitled just to premium pay for the 4 hours she dealt with the vacation. She is not entitled to public holiday pay or to an alternative day off work.

However, if the employee has sensible cause for working only some of the hours they accepted work on the general public vacation, then:

– the worker is entitled to their routine rate for all the hours worked plus an alternative day of rest work with public vacation pay;.
or.

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

Special guidelines for particular industries

Special guidelines use to employees who work in the list below kinds of organizations:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– health centers and assisted living home;.

– continuous 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 gambling establishment 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 vacation without their contract, however just if the holiday falls on a day that the staff member would generally work and the staff member is not on vacation.

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

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

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

The company picks which of these alternatives will apply.

Note that the company’s ability to require employees to work on a public vacation is subject to the worker’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note likewise that specific retail workers who work in constant operations (for example, a 24-hour convenience store) can decline to work on a public vacation due to the fact that of the special guidelines that apply to some retail employees. See the “Retail employees” chapter of this guide to learn more.

A staff member in the formerly noted businesses who is needed to work on a public vacation that falls on their common working day however fails to do so, with reasonable cause, is entitled to:

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

– public vacation pay for the holiday.

The employer picks which option will apply.

A worker in any of these services who is required to deal with a public holiday that falls on their common working day but who stops working, with affordable cause, to work some of the hours they were required to deal with the holiday is entitled to either:

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

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

The company picks which option will use.

An employee in any of these companies who is needed to deal with a public vacation that falls on their regular working day however who fails, without reasonable cause, to work part or all of the public vacation is only entitled to get superior pay for each hour worked on the holiday (if any). The staff member has no right to public vacation pay or a substitute day of rest work.

Overtime estimations when a worker gets superior pay

Any hours worked on a public vacation that are compensated with superior pay are not included when figuring out whether an employee has actually worked any overtime hours.

If employment ends

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