Qualified Employees can Be Full Time

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

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

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

– be paid their routine salaries for all hours worked on the public holiday and get another substitute vacation for which they must be paid public vacation pay.

Some staff members may be required to deal with a public holiday. (See „Special rules for particular industries“ later on in this Chapter.) While many staff members are eligible for the general public holiday privilege, some employees 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 use, please describe the Guide to employment requirements special rules and exemptions.

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

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

Regular wages does not consist of any overtime pay, holiday pay, public holiday 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 employers give their employees a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not needed 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 might be covered by the public vacation part of the ESA, while another type of work might be exempt from public holiday coverage.

If a staff member carries out both sort of work, exempt and covered, they are eligible for the general public holiday entitlement with regard to a specific public holiday if a minimum of half of the work carried out in the work week of the general public vacation is work that is covered.

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public vacation 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 vacation privilege for Canada Day.

Qualifying for public vacation privileges

Generally, workers certify for the general public holiday privilege unless they:

– stop working without affordable cause to work all of their last frequently scheduled day of work before the general public holiday or all of their first routinely set up day of work after the public holiday (this is called the „Last and First Rule“);.
or.

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

Note: Most workers who stop working to get approved for the public vacation privilege are still entitled to be paid superior pay for every hour they work on the vacation.

Qualified staff members can be full-time, part time, permanent or on term contract. It does not matter how just recently they were worked with, or how many days they worked before the public holiday.

The „last and first guideline“

The „last regularly set up day of work before the general public vacation“ and the „first frequently set up day of work after the public holiday“ do not have to be the days right previously and right after the holiday.

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

Reasonable cause

An employee is usually thought about to have „affordable cause“ for missing out on work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had affordable cause for keeping away from work. If they can do so, they still get approved for public vacation entitlements.

How the last and very first guideline works

Rosie’s routine 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 entire shift on the Thursday before the holiday and the Tuesday after the holiday, or employment has reasonable cause for stopping working to work either of those days, she qualifies to be spent for the vacation.

Example: When an employee takes a day of rest

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his company for approval to take off the Thursday before the general public holiday due to the fact that he has an individual appointment. His company agrees. Lev’s last regularly arranged work day before the vacation is now thought about to be on the Wednesday.

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

Example: When an employee leaves early

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

Example: When a staff member is on vacation

Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last routinely scheduled shift before his vacation and first frequently scheduled shift after his getaway – on June 24 and July 10 – or has sensible cause for failing to do so, he will qualify 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 regularly set up day of work before her leave, and her very first regularly set up 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 affordable cause

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

Public vacation pay

The amount of public holiday pay to which an employee 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 holiday pay payable to the employee with respect to the 4 work weeks before the work week with the public holiday, divided by 20.

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

The quantity of holiday pay payable to include in the calculation of public holiday pay depends on whether the staff member is on getaway at any time throughout the four 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 details on the different methods trip pay can be paid.

Vacation pay payable

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

If the worker is to be paid trip pay with every pay cheque the quantity of holiday pay to include in the computation 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 greater portion of holiday pay, such as 6 percent of incomes, then the „vacation pay payable“ will be based upon that greater percentage.)

If a worker is to get their trip pay in a lump sum on a particular date or dates, getaway pay will be consisted of in the computation of public vacation pay only if that date or dates falls throughout the pertinent 4 work week period.

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

The 4 weeks before the public holiday is based upon the employer’s work week and is not always 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 used to determine public vacation pay are those 4 weeks counting backwards from the very 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 holiday: Tuesday, December 25

In this example, the routine earnings made by the employee and the vacation pay payable to the staff member with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public vacation pay.

Calculating public vacation pay

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

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

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

3. Total her total wages 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 holiday time is included

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

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

2. Calculate the quantity of holiday pay:.
Brock was on holiday for employment two of the four work weeks prior to the work week with the public vacation, and is paid holiday pay before he takes his trip. The amount of getaway pay payable with respect 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 sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public vacation pay.

Example: When a staff member works part-time and each pay cheque includes vacation pay

Tegan works three days a week and earns $120 a day. She worked her last routinely set up work day before the general public vacation and her very first routinely scheduled day after the vacation. She and her employer have agreed in writing that she will get 4 percent getaway pay on each paycheque.

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

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

3. Total her routine wages earned and vacation 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 holiday 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 each week. Her pay differs from week to week, according to the time she has actually worked. She and her company have actually agreed in composing that she will get 4 per cent holiday 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 vacation pay payable:.
$ 1,500 X 4% = $60.

3. Combine her routine salaries earned and getaway pay payable and divide the amount 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 normally works 5 days a week, earning $120 a day. She gets holiday pay before she goes on trip. On June 10, employment 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 advantages from the federal Employment Insurance program, but these benefits are ruled out „wages.“

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

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

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

– Vacation pay payable: $0 (she was not on vacation during the 4 work week duration).

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

Her public vacation pay for the rest of the public vacations that fall throughout her leave will be $0. This is since she will not have actually made any wages or getaway pay on any of the days throughout the four work weeks before each of those holidays.

Example: When a staff member is on a layoff

Eugene normally works five days a week, making $100 a day. He was placed on short-term layoff on November 15. During his layoff, Eugene was not paid incomes or trip pay. He got employment insurance coverage advantages throughout this time, but these benefits are not thought about „wages.“

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

However, since Eugene did not make any earnings or getaway pay in the 4 work weeks before those 2 public holidays, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a staff member’s routine rate of pay. If a worker is entitled to get superior 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 instance, Nathan’s routine rate of pay is $20 an hour. This suggests that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

An alternative vacation is another working day off work that is designated to change a public holiday. Employees are entitled to be paid public vacation pay for a replacement vacation.

A replacement holiday need to be set up 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 actually agreed electronically or in writing, the substitute day of rest can be arranged up to 12 months after the general public holiday.

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

Entitlements for public vacations

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

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

Most workers deserve to get the general public holiday off and earn money public vacation pay. (Some employees may be needed to work on a public holiday. See „Special rules for certain markets“ later in this chapter.)

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

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

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

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

When an employee who certifies for the day off has concurred electronically or in writing to work on a public vacation

Most employees can get the general public holiday off and get paid public vacation pay. However, if a worker agrees electronically or in writing to work on the public vacation, there are 2 options:

– the staff member is entitled to receive regular wages for all hours dealt with the public vacation, plus a substitute day of rest work with public holiday pay;.
or.

– if the worker concurs digitally or in composing, they are entitled to public vacation pay for the public vacation plus premium pay for all hours worked on the general public vacation. 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 typical working days. He and his employer have actually concurred electronically or in writing that he will work on the general public vacation which, rather of getting a substitute vacation, he will be paid public holiday pay plus premium pay for all the hours he deals with the vacation.

John-Duncan frequently works eight hours a day, five days a week. His regular per hour pay rate is $20. He has dealt with all his scheduled work days in the 4 work weeks before the general public holiday. He works eight hours on the general public holiday. He gets his vacation pay when his getaway is taken. He was not on getaway during the four work weeks leading up to the general public holiday

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s total routine earnings made 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 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 getaway pay payable with regard to the 4 work week period:.
John-Duncan receives his holiday pay when he takes his vacation. Because he was not on vacation throughout the 4 work week period, the quantity of holiday pay payable with respect to the 4 work weeks before the public vacation = $0.

3. Combine his total incomes made and holiday pay and divide the sum 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 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 concurs to deal with a public holiday however stops working to do so

If a worker has concurred digitally or in composing to deal with the general public holiday however does not do so – and does not have reasonable cause for not having done so – the employee has no right to public vacation pay or to a substitute day off with pay.

However, if the staff member has affordable cause for not working the general public vacation, then privileges will depend upon which of the 2 alternatives below the staff member selected in exchange for concurring to work on the public holiday:

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

– if the staff member had concurred electronically or in composing to work on the general public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay for the holiday. The employee is not entitled to get any exceptional pay because they did not carry out any work on the vacation.

When an employee works just a few of the hours they consented to deal with a public vacation

If a worker has actually agreed digitally or in writing to deal with the public vacation but works only a few of the hours they concurred to work, and does not have reasonable cause for failing to work all of the hours, the worker is only entitled to receive premium pay for each hour worked on the holiday. The staff member has no right to public vacation pay or a substitute day off work.

Example: A common case

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

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

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

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

Special rules for certain industries

Special guidelines apply to employees who work in the following types of companies:

– hotels, motels and traveler resorts;.

– dining establishments and taverns;.

– health centers and assisted living 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 company or the games part of a gambling establishment if the games tables are open around the clock).

A staff member who operates in any of these companies can be required to work on a public holiday without their agreement, however only if the vacation falls on a day that the worker would generally 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 dealt with the general public holiday, plus an alternative 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 alternatives will use.

Note that the company’s ability to need workers to deal with a public vacation undergoes the staff member’s right to take a day off for functions of spiritual 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 constant operations (for example, a 24-hour convenience shop) deserve to refuse to work on a public vacation due to the fact that of the special rules that use to some retail employees. See the „Retail employees“ chapter of this guide to find out more.

A worker in the formerly listed companies who is needed to deal with a public holiday that falls on their normal working day but fails to do so, with reasonable cause, is entitled to:

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

– public vacation pay for the holiday.

The company chooses which choice will use.

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

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

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

The employer picks which option will use.

A staff member in any of these companies who is needed to work on a public holiday that falls on their ordinary working day however who stops working, without affordable 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 off work.

Overtime estimations when a staff member gets 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 job pertains to an end before the staff member can take an alternative holiday with public holiday pay that they have earned. In this case, the employer needs to pay the staff member’s public holiday pay at the same time it pays the worker’s final wages. This is so despite the factor the job pertained to an end, whether it is due to the fact that the employee quit, was fired for great factor, or for some other factor.