Qualified Employees can Be Full Time

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

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

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

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

Some staff members may be required to deal with a public vacation. (See “Special guidelines for particular markets” later on in this Chapter.) While most workers are qualified for the public vacation privilege, some staff members operate in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To identify whether a task is covered, or if special rules use, please refer to the Guide to employment standards unique rules and exemptions.

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

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

Regular earnings does not consist of any overtime pay, trip 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 workers a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

Some workers carry out more than one sort of work for a company. Some of this work may be covered by the public holiday part of the ESA, while another kind of work may be exempt from public holiday protection.

If a staff member performs both kinds of work, exempt and covered, they are qualified for the general public holiday entitlement with respect to a specific public holiday if a minimum of 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 vacation coverage) 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 public vacation privilege for Canada Day.

Receiving public vacation entitlements

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

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

– fail without reasonable 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 receive the public holiday entitlement are still entitled to be paid premium spend for every hour they work on the holiday.

Qualified employees can be full time, part-time, irreversible or on term contract. 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 routinely arranged day of work before the public vacation” and the “very first frequently arranged day of work after the general public vacation” do not have to be the days right previously and right after the holiday.

For example, an employee might not be set up to work the day right before or after the holiday. As long as the employee works all of their last routinely scheduled shift before the vacation and all of the very first one after it, or has affordable cause for not working either of those days, they fulfill this certifying criterion.

Reasonable cause

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

How the last and very first guideline works

Rosie’s routine work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s office 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 affordable cause for stopping working to work either of those days, she certifies to be spent for the holiday.

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and Lev’s workplace shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his employer for permission to take off the Thursday before the public vacation due to the fact that he has a personal consultation. His employer agrees. Lev’s last frequently arranged work day before the vacation is now thought about to be on the Wednesday.

If Lev works his whole Wednesday shift before the vacation and his entire Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he receives the paid public holiday.

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the holiday. Doris normally works from 9 a.m. to 5 p.m., employment 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 set up shift on the Thursday before the public vacation 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 sensible cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When an employee is on trip

Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last regularly arranged shift before his vacation and first routinely arranged shift after his getaway – on June 24 and July 10 – or has affordable cause for failing 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 holiday takes place. If Lydia works her last regularly set up day of work before her leave, and her first regularly scheduled day of work after her leave, or has sensible 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 workplace is closed for the holiday. Ellen does not deal with her last scheduled day before the holiday, and she does not have affordable cause for missing out on that day. She receives no pay for the vacation.

Public vacation pay

The quantity of public holiday pay to which a worker is entitled is all of the regular incomes made by the employee in the four work weeks before the work week with the public holiday plus all of the trip pay payable to the worker with respect to the four work weeks before the work week with the general public vacation, divided by 20.

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

The amount of trip pay payable to consist of in the calculation of public holiday pay depends on whether the worker is on trip at any time during the 4 work weeks prior to the general public vacation, and the way in which the worker is to be paid getaway pay. Please refer to the Vacation chapter for info on the different methods holiday 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 in which the getaway falls, holiday pay will be consisted of in the computation of public vacation pay if the worker was on holiday throughout that four work week period. If the staff member was not on holiday during that duration, no holiday pay will be consisted of in the computation.

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

If a worker is to receive their trip pay in a lump amount on a certain date or dates, vacation pay will be consisted of in the computation of public holiday pay only if that date or dates falls throughout the relevant 4 work week duration.

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

The four weeks before the general public vacation is based upon the employer’s work week and is not always 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 four work weeks utilized to determine public vacation pay are those 4 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 holiday falls.

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

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

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

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

Public holiday: Tuesday, December 25

In this example, the routine incomes made by the worker and the vacation pay payable to the worker with regard to the four work weeks from November 22 to December 19 are used in the computation of public vacation pay.

Calculating public vacation pay

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

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

2. Calculate the amount of holiday 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 trip during the four work week duration, the amount of vacation pay payable with respect to the 4 work weeks before the public vacation = $0.

3. Add together her total wages made 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 holiday time is involved

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

1. Calculate Brock’s total routine salaries earned:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.

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

3. Add together his total earnings 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 worker works part-time and each pay cheque consists of getaway pay

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

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

3. Add together her routine wages made and trip 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 vacation pay

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

1. Bertie’s routine salaries earned throughout the four work weeks before the holiday are $1,500.

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

3. Total her regular incomes made and getaway 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 usually works 5 days a week, earning $120 a day. She receives holiday 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 received maternity and adult take advantage of the federal Employment Insurance program, however these benefits are ruled out “wages.”

Zoe is entitled to receive public holiday pay for the general public holidays that fall during her leave as long as she works her last frequently set up day before her leave and her very first frequently scheduled day after her leave, or has sensible cause for failing to do so.

Zoe went on leave on June 10 and just worked seven days throughout the 4 work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is:

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

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

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

Her public holiday spend for the remainder of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have actually made any salaries or holiday pay on any of the days throughout the four work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene usually works 5 days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid earnings or holiday pay. He received work insurance coverage benefits throughout this time, however these benefits are not thought about “incomes.”

Eugene was recalled to deal with December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last regularly set up day before the layoff and his very first regularly scheduled day after the layoff, or has affordable cause for failing to do so.

However, since Eugene did not earn any incomes or vacation pay in the four work weeks before those 2 public vacations, the quantity of public vacation 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 a worker is entitled to receive premium pay for work on a public holiday, they must be paid 1 1/2 times their regular rate of spend 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 holiday

A substitute vacation is another working day of rest work that is designated to change a public vacation. Employees are entitled to be paid public holiday pay for a replacement vacation.

A substitute holiday should be arranged for a day that is no behind three months after the general public vacation for which it was earned, or, if the staff member has concurred electronically or in writing, the substitute day of rest can be arranged approximately 12 months after the general public holiday.

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

Entitlements for public holidays

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

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

Most workers can get the general public holiday off and earn money public vacation pay. (Some staff members might be needed to work on a public vacation. See “Special guidelines for certain markets” later on in this chapter.)

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

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

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

– public holiday pay for the public holiday, if the employee accepts this digitally or in writing (in this case, the worker will not be offered a substitute day of rest).

When a staff member who receives the day off has actually concurred digitally or in composing to work on a public holiday

Most employees can get the public vacation off and earn money public holiday pay. However, if a worker concurs electronically or in composing to deal with the public holiday, there are two alternatives:

– the worker is entitled to receive regular salaries for all hours worked on the public holiday, plus an alternative day of rest deal with public holiday pay;.
or.

– if the employee concurs digitally or in composing, they are entitled to public holiday pay for the general public vacation plus premium spend for all hours dealt with the general public holiday. In this case, the staff member will not be offered an alternative day off.

Example: Calculating public holiday pay plus premium pay

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

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

Step 1: compute public holiday pay:

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

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

3. Add together his total earnings earned and getaway pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: determine superior pay

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

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

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

When an employee accepts work on a public holiday but stops working to do so

If an employee has actually agreed electronically or in writing to deal with the public vacation however does refrain from doing so – and does not have affordable cause for not having done so – the employee has no right to public holiday pay or to a substitute day of rest with pay.

However, employment if the employee has reasonable cause for not working the general public holiday, then entitlements will depend on which of the 2 alternatives listed below the employee chose in exchange for accepting work on the general public holiday:

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

– if the worker had actually concurred digitally or in writing 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 vacation pay for the holiday. The staff member is not entitled to get any exceptional pay due to the fact that they did not carry out any work on the vacation.

When a staff member works only some of the hours they consented to work on a public holiday

If a staff member has agreed digitally or in composing to work on the general public vacation however works just some of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the worker is only entitled to receive superior spend for each hour worked on the holiday. The staff member has no right to public vacation pay or an alternative day off work.

Example: A normal case

Trudi had actually agreed in composing that she would work 8 hours on Canada Day however she only worked 4 hours and did not have sensible cause for failing to work the other 4 hours. Trudi is entitled only to premium spend for the four hours she dealt with the holiday. She is not entitled to public holiday pay or to a substitute day off work.

However, if the staff member has reasonable cause for working just a few of the hours they accepted work on the general public vacation, then:

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

– if the staff member had actually agreed electronically or in composing to work on the general 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 holiday.

Special guidelines for specific industries

Special guidelines use to staff members who work in the list below types of organizations:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– medical facilities and retirement home;.

– continuous operations (which are operations, or parts of operations, that do not stop or close more than once a week – such as an oil refinery, alarm-monitoring business or the video games part of a gambling establishment if the video games tables are open all the time).

A staff member who operates in any of these services can be needed to work on a public vacation without their agreement, but just if the vacation falls on a day that the employee would usually work and the staff member is not on trip.

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

– their routine rate for the hours worked on the public holiday, plus a substitute day of rest work with public vacation pay;.
or.

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

The employer selects which of these choices will use.

Note that the employer’s ability to require staff members to work on a public holiday goes through the staff member’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 worker’s employment agreement. Note likewise that specific retail employees who operate in constant operations (for example, a 24-hour convenience store) have the right to decline to work on a public holiday because of the special rules that use to some retail employees. See the “Retail employees” chapter of this guide to learn more.

A worker in the previously noted organizations who is required to work on a public holiday that falls on their ordinary working day however stops working to do so, with reasonable cause, is entitled to:

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

– public vacation pay for the holiday.

The company picks which option will use.

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

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

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

The employer chooses which alternative will apply.

An employee in any of these companies who is required to work on a public vacation that falls on their normal working day however who stops working, without sensible cause, to work part or all of the public holiday is just entitled to get premium spend for each hour dealt with the holiday (if any). The worker has no right to public vacation pay or a substitute day of rest work.

Overtime calculations when a worker gets premium pay

Any hours worked on a public holiday that are compensated with premium pay are not included when identifying whether an employee has actually worked any overtime hours.

If work ends

Sometimes an employee’s job concerns an end before the employee can take a substitute holiday with public vacation pay that they have actually made. In this case, the company must pay the employee’s public holiday pay at the exact same time it pays the worker’s final wages. This is so despite the reason the task came to an end, whether it is because the worker stopped, was fired for good factor, or for some other factor.