Qualified Employees can Be Full Time
Most employees who qualify are entitled to take these days off work and be paid public holiday pay.
Alternatively, the staff member can agree electronically or in composing to work on the vacation and be paid:
– public holiday pay plus premium pay for all hours worked on the general public holiday and not receive another day of rest (called a “replacement” holiday);.
or.
– be paid their routine wages for all hours dealt with the general public holiday and receive another replacement vacation for which they must be paid public vacation pay.
Some staff members might be required to work on a public vacation. (See “Special rules for specific industries” later in this Chapter.) While most workers are eligible for the general public vacation privilege, some workers operate in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To identify whether a task is covered, or if special guidelines use, please refer to the Guide to work standards unique rules and exemptions.
Use the Employment Standards Self-Service Tool to inspect compliance with public holidays and other work requirements entitlements.
See “Public vacation pay” later on in this chapter.
Regular incomes does not consist of any overtime pay, trip pay, public holiday pay, premium pay, or sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to a staff member.
While some companies give their staff members a vacation on Easter Sunday, Easter Monday, the very 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 staff members carry out more than one type of work for a company. Some of this work might be covered by the public vacation part of the ESA, while another kind of work may be exempt from public holiday coverage.
If an employee carries out both sort of work, exempt and covered, referall.us they are qualified for the public vacation entitlement with regard to a particular public holiday if a minimum of half of the work performed in the work week of the public vacation is work that is covered.
Rupert works for a taxi business as both a taxi cab chauffeur (work that is exempt from public holiday protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, 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 qualified for the public holiday entitlement for Canada Day.
Getting approved for public holiday entitlements
Generally, staff members receive the public holiday privilege unless they:
– fail without affordable cause to work all of their last regularly arranged day of work before the general public holiday or all of their very first routinely 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 whole shift on the general public holiday if they accepted or were needed to work that day.
Note: Most employees who stop working to get approved for the general public vacation entitlement are still entitled to be paid superior spend for every hour they deal with the holiday.
Qualified staff members can be full time, part time, irreversible or on term agreement. It does not matter how recently they were hired, or the number of days they worked before the general public vacation.
The “last and very first rule”
The “last regularly arranged day of work before the public vacation” and the “first routinely scheduled day of work after the public holiday” do not need to be the days right previously and right after the vacation.
For instance, a staff member might not be set up to work the day right before or after the holiday. As long as the worker works all of their last frequently set up shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they fulfill this certifying requirement.
Reasonable cause
A worker is generally thought about to have “sensible cause” for missing out on work when something beyond their control prevents the worker from working. Employees are accountable for showing that they had sensible cause for staying away from work. If they can do so, they still get approved for public holiday privileges.
How the last and very first rule works
Rosie’s regular work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s office shuts down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the vacation, or has sensible cause for failing to work either of those days, she certifies to be paid for the holiday.
Example: When a staff member takes a day off
A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his company for authorization to take off the Thursday before the general public holiday because he has a personal appointment. His company agrees. Lev’s last frequently set up work day before the holiday is now considered to be on the Wednesday.
If Lev works his entire Wednesday shift before the vacation and his entire Tuesday shift after the holiday, or has reasonable cause for not working either of those days, he certifies for the paid public holiday.
Example: When a staff member leaves early
A public vacation falls on a Friday, and Doris’s office is closed for the vacation. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public holiday. The employer concurs. Doris’s frequently arranged shift on the Thursday before the 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 reasonable cause for stopping working to do so, she is entitled to the paid public vacation.
Example: When an employee is on holiday
Canada Day falls on July 1. George is on holiday from June 25 to July 9. If George works all of his last frequently scheduled shift before his getaway and very first regularly arranged shift after his vacation – on June 24 and July 10 – or has sensible cause for stopping working to do so, he will receive the paid public vacation.
Example: When an employee is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last routinely arranged day of work before her leave, and her very first frequently set up day of work after her leave, or has reasonable cause for stopping working to do so, she will be entitled to the paid public vacation.
Example: When there is no sensible cause
A public holiday falls on a Monday, and Ellen’s work environment 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 that day. She gets no pay for the vacation.
Public holiday pay
The quantity of public vacation pay to which an employee is entitled is all of the regular incomes made by the staff member in the four work weeks before the work week with the general public vacation plus all of the holiday pay payable to the staff member with regard to the four work weeks before the work week with the public holiday, divided by 20.
When to include trip pay in the computation of public holiday pay
The quantity of vacation pay payable to include in the computation of public vacation pay depends on whether the staff member is on getaway at any time during the four work weeks prior to the public holiday, and the manner in which the staff member is to be paid vacation pay. Please describe the Vacation chapter for information on the various ways holiday 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 duration in which the getaway falls, holiday pay will be consisted of in the estimation of public vacation pay if the staff member was on getaway during that 4 work week duration. If the employee was not on trip throughout that period, no holiday pay will be consisted of in the estimation.
If the worker is to be paid trip pay with every pay cheque the amount of holiday pay to consist of in the calculation of public holiday pay will be at least four per cent of all of the worker’s wages earned throughout the 4 work week duration. (Note that if a worker earns a greater percentage of trip pay, such as 6 per cent of salaries, then the “vacation pay payable” will be based on that greater portion.)
If a worker is to receive their vacation pay in a swelling sum on a particular date or dates, getaway pay will be included in the computation of public holiday pay just if that date or dates falls during the relevant 4 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 an employer’s work week ranges from Thursday to Wednesday. In this case, the four work weeks used to compute public vacation pay are those 4 weeks counting backwards from the very 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 wages made by the employee and the vacation pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are utilized in the estimation of public holiday pay.
Calculating public holiday pay
Iryna works 5 days a week and makes $120 a day. She worked her last regularly scheduled work day before the general public vacation and her very first frequently arranged day after the vacation. She gets her getaway pay when her vacation is taken. She was not on trip during the 4 work weeks leading up to the public holiday.
1. Calculate Iryna’s total routine incomes earned:
$ 120 daily X 5 days = $600 per week
$ 600 each week 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 getaway pay payable with regard to the 4 work week period:.
Iryna gets her trip pay when she takes her vacation. Because she was not on holiday during the four work week period, the amount of holiday pay payable with regard to the 4 work weeks before the public vacation = $0.
3. Add together her total earnings made and getaway 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 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 holiday. He receives getaway pay before he takes his vacation. He is paid $1,600 vacation spend for his two weeks of getaway. Brock worked his last routinely arranged work day before the general public vacation and his first regularly scheduled work day after the holiday.
1. Calculate Brock’s total regular incomes made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the amount of vacation pay:.
Brock was on getaway for 2 of the 4 work weeks prior to the work week with the general public holiday, and is paid trip pay before he takes his vacation. The amount of holiday pay payable with respect to the four work weeks prior to the work week with the general public holiday = $1,600.
3. Combine his overall earnings 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 worker 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 regularly scheduled work day before the general public holiday and her first frequently set up day after the vacation. She and her employer have agreed in composing that she will receive 4 percent trip pay on each paycheque.
1. Calculate Tegan’s regular earnings earned:.
$ 120 per day X 3 days = $360 weekly.
$ 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 each week X 4 weeks = $57.60.
3. Combine her routine earnings made and getaway 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 vacation pay.
Example: When there are no set hours and each pay cheque includes trip pay
Bertie does not work a set number of hours daily or days weekly. Her pay differs from week to week, according to the time she has worked. She and her company have actually concurred in composing that she will get 4 percent vacation pay on each pay cheque.
1. Bertie’s regular 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 regular wages earned and holiday 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 an employee is on a leave
Zoe normally works five days a week, making $120 a day. She receives getaway 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 earnings or vacation pay. She got maternity and adult gain from the federal Employment Insurance program, but these benefits are ruled out “earnings.”
Zoe is entitled to get public holiday pay for the public holidays that fall during her leave as long as she works her last regularly arranged day before her leave and her very 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 just worked 7 days during the four work weeks before the Canada Day public holiday. Her public holiday spend for Canada Day is:
– Regular incomes earned: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on trip during the 4 work week period).
– Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public holiday spend for the rest of the public vacations that fall throughout her leave will be $0. This is since she will not have actually earned any salaries or getaway pay on any of the days throughout the 4 work weeks before each of those holidays.
Example: When a staff member is on a layoff
Eugene usually works five days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid incomes or vacation pay. He received employment insurance advantages during this time, however these benefits are ruled out “earnings.”
Eugene was remembered 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 routinely set up day before the layoff and his first regularly scheduled day after the layoff, or has reasonable cause for failing to do so.
However, because Eugene did not make any salaries or holiday pay in the four work weeks before those 2 public vacations, the quantity of public holiday pay he is entitled to will be $0.
Premium pay
Premium pay is 1 1/2 times a worker’s routine rate of pay. If a worker is entitled to receive premium spend for work on a public holiday, they need to be paid 1 1/2 times their regular rate of spend 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 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 holiday spend for a substitute holiday.
A substitute vacation need to be arranged for a day that is no later on than three months after the public holiday for which it was made, or, if the employee has agreed digitally or in writing, the alternative day of rest can be arranged approximately 12 months after the public holiday.
If an employee gets a replacement vacation, the employer must supply the worker with a written statement that sets out the public vacation that is being substituted, the date of the alternative vacation, and the date that the statement was offered to the staff member. This statement should be provided to the employee before the general public vacation.
Entitlements for public holidays
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 employee works on the holiday. The different privileges are set out listed below.
When a public vacation falls on a working day but the staff member does not work
Most employees deserve to get the public holiday off and make money public holiday pay. (Some staff members may be required to deal with a public vacation. See “Special rules for specific industries” later on in this chapter.)
When a public holiday falls on a staff member’s non-working day or throughout an employee’s holiday
When a public vacation falls on a day that is not generally a working day for a worker, or throughout the staff member’s holiday, the worker is entitled to either:
– a replacement vacation off with public vacation pay;.
or.
– public holiday spend for the public holiday, if the employee accepts this electronically or in writing (in this case, the staff member will not be offered a substitute day of rest).
When a staff member who gets approved for the day off has actually concurred digitally or in composing to deal with a public vacation
Most workers deserve to get the general public holiday off and make money public holiday pay. However, if a staff member concurs electronically or in writing to deal with the general public holiday, there are two choices:
– the employee is entitled to get routine wages for all hours dealt with the public holiday, plus a substitute day of rest deal with public vacation pay;.
or.
– if the employee concurs digitally or in writing, they are entitled to public vacation spend for the public holiday plus premium pay for all hours worked on the public holiday. In this case, the worker will not be given an alternative day off.
Example: Calculating public vacation pay plus premium pay
A public holiday falls on among John-Duncan’s typical working days. He and his employer have agreed digitally or in composing that he will deal with the public holiday which, rather of getting a substitute vacation, he will be paid public vacation pay plus premium pay for all the hours he works on the vacation.
John-Duncan routinely works 8 hours a day, 5 days a week. His regular per hour pay rate is $20. He has actually dealt with all his scheduled work days in the four work weeks before the general public holiday. He works eight hours on the public holiday. He receives his trip pay when his trip is taken. He was not on getaway during the 4 work weeks leading up to the general public holiday
Step 1: determine public vacation pay:
1. Calculate John-Duncan’s overall regular salaries earned in the four work weeks before the general public vacation:
8 hours per day X $20 per hour = $160 daily
$ 160 per day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the four work weeks before the general public vacation.
2. Calculate the quantity of holiday pay payable with respect to the 4 work week duration:.
John-Duncan receives his holiday pay when he takes his getaway. Because he was not on trip 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. Add together his overall incomes earned and vacation pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public holiday pay privilege is $160.
Step 2: compute exceptional 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 a total of $400.
When a staff member consents to work on a public holiday however stops working to do so
If a worker has concurred digitally or in composing to work on the general public vacation however does not do so – and does not have sensible cause for not having actually done so – the staff member has no right to public vacation pay or to a substitute day of rest with pay.
However, if the worker has affordable cause for not working the public vacation, then privileges will depend on which of the two options below the staff member selected in exchange for consenting to deal with the general public vacation:
– if the worker had agreed digitally or in composing to deal with the general public vacation for regular wages plus an alternative day off with public vacation pay, the employee is entitled to a substitute day of rest work with public vacation pay;.
or.
– if the worker had actually agreed digitally or in writing to work on the public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday spend for the holiday. The employee is not entitled to get any premium pay since they did not carry out any work on the vacation.
When a staff member works only a few of the hours they agreed to deal with a public vacation
If a worker has concurred digitally or in writing to deal with the public holiday but works just a few of the hours they agreed to work, and does not have sensible cause for failing to work all of the hours, the employee is just entitled to receive exceptional spend for each hour worked on the holiday. The worker has no right to public vacation pay or an alternative day off work.
Example: A typical case
Trudi had actually agreed in writing that she would work 8 hours on Canada Day but she only worked four hours and did not have sensible cause for failing to work the other four hours. Trudi is entitled only to premium spend for the four hours she worked on the vacation. She is not entitled to public vacation pay or to a substitute day of rest work.
However, if the staff member has sensible cause for working just a few of the hours they consented to deal with the general public vacation, then:
– the staff member is entitled to their regular rate for all the hours worked plus a substitute day off deal with public holiday pay;.
or.
– if the worker had agreed digitally or in writing 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 plus premium pay for every hour dealt with the holiday.
Special guidelines for specific markets
Special rules apply to workers who operate in the following kinds of organizations:
– hotels, motels and traveler resorts;.
– dining establishments and pubs;.
– healthcare facilities and retirement 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 games part of a casino if the video games tables are open around the clock).
An employee who works in any of these organizations can be required to work on a public vacation without their contract, however only if the holiday falls on a day that the worker would generally work and the employee is not on holiday.
If a worker is required to work, they are entitled to either:
– their regular rate for the hours worked on the public vacation, plus an alternative day off work with public holiday pay;.
or.
– public holiday pay plus premium spend for each hour worked.
The employer picks which of these options will apply.
Note that the employer’s capability to need employees to deal with a public holiday goes through the worker’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the employee’s employment agreement. Note likewise that specific retail workers who work in continuous operations (for example, a 24-hour corner store) have the right to decline to work on a public vacation since of the unique rules that apply to some retail workers. See the “Retail employees” chapter of this guide to find out more.
An employee in the formerly noted services who is needed to work on a public holiday that falls on their ordinary working day but stops working to do so, with affordable cause, is entitled to:
– a substitute holiday with public holiday pay;.
or.
– public vacation spend for the vacation.
The company selects which alternative will apply.
A staff member in any of these organizations who is required to work on a public vacation that falls on their normal working day however who fails, with sensible cause, to work a few of the hours they were required to work on the holiday is entitled to either:
– their regular rate for each hour dealt with the holiday plus an alternative vacation with public holiday pay;.
or.
– public vacation pay for the vacation plus premium pay for each hour worked.
The company chooses which alternative will apply.
A worker in any of these companies who is required to deal with a public holiday that falls on their common working day but who fails, without affordable cause, to work part or all of the general public vacation is only entitled to get exceptional spend for each hour worked on the holiday (if any). The worker has no right to public vacation pay or an alternative day off work.
Overtime calculations when an employee receives exceptional pay
Any hours worked on a public holiday that are compensated with exceptional pay are not consisted of when figuring out whether an employee has actually worked any overtime hours.
If employment ends
Sometimes a staff member’s job pertains to an end before the worker can take a substitute vacation with public vacation pay that they have actually earned. In this case, the company should pay the staff member’s public holiday pay at the same time it pays the employee’s last incomes. This is so regardless of the factor the job concerned an end, whether it is since the employee quit, was fired for great factor, or for some other factor.