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Qualified Employees can Be Full Time

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

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

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

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

Some workers may be needed to deal with a public vacation. (See “Special guidelines for specific markets” later in this Chapter.) While a lot of employees are qualified for the public holiday entitlement, some employees work in tasks that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To figure out whether a job is covered, or if special guidelines use, please describe the Guide to work requirements unique guidelines and exemptions.

Use the Employment Standards Self-Service Tool to examine compliance with public vacations and other employment requirements privileges.

See “Public holiday pay” later in this chapter.

Regular salaries does not include any overtime pay, trip pay, job public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a staff member.

While some companies offer their employees a vacation on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not required to do so under the ESA.

Performing both covered and exempt work

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

If an employee carries out both sort of work, exempt and covered, they are qualified for the general public holiday privilege with respect to a specific public vacation 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 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, staff members certify for the public vacation privilege unless they:

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

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

Note: Most staff members who stop working to qualify for the general public vacation entitlement are still entitled to be paid premium pay for every hour they work on the holiday.

Qualified staff members can be full time, part-time, long-term or on term contract. It does not matter how recently they were worked with, or the number of days they worked before the public vacation.

The “last and first rule”

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

For example, an employee may not be scheduled to work the day right before or after the vacation. As long as the employee works all of their last regularly scheduled shift before the holiday and all of the very first one after it, or has sensible cause for not working either of those days, they meet this certifying requirement.

Reasonable cause

A staff member is typically thought about to have “sensible cause” for missing work when something beyond their control prevents the worker from working. Employees are accountable for revealing 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 rule works

Rosie’s regular work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment closes 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 an employee takes a day off

A public holiday falls on a Monday, and Lev’s office closes down for that day. Lev frequently works Monday to Thursday. Lev has asked his company for approval to remove the Thursday before the public holiday due to the fact that he has a personal appointment. His employer concurs. Lev’s last frequently set up work day before the holiday is now considered to be on the Wednesday.

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

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris’s workplace is closed for the holiday. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the public vacation. The employer concurs. Doris’s frequently arranged shift on the Thursday before the general public vacation is now considered to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has sensible cause for failing to do so, she is entitled to the paid public vacation.

Example: When a staff member 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 regularly set up shift before his trip and first routinely scheduled shift after his getaway – on June 24 and July 10 – or has sensible cause for stopping working to do so, he will get approved for the paid public holiday.

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

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last frequently set up day of work before her leave, and her first routinely set up day of work after her leave, or has reasonable cause for job 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 workplace is closed for the holiday. Ellen does not deal with her last scheduled day before the holiday, and she does not have sensible cause for missing that day. She gets no spend for the holiday.

Public vacation pay

The quantity of public holiday pay to which an employee is entitled is all of the regular earnings earned by the staff member in the four work weeks before the work week with the public vacation plus all of the vacation pay payable to the employee with regard to the 4 work weeks before the work week with the public vacation, divided by 20.

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

The quantity of holiday pay payable to consist of in the computation of public holiday pay depends on whether the staff member is on getaway at any time during the 4 work weeks prior to the general public vacation, and the manner in which the worker is to be paid trip pay. Please describe the Vacation chapter for info on the various methods holiday pay can be paid.

Vacation pay payable

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

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

If an employee is to get their vacation pay in a lump sum on a particular date or dates, vacation pay will be consisted of in the estimation of public holiday pay just if that date or dates falls throughout the pertinent 4 work week duration.

Calculating the 4 work week duration before the work week with a public holiday

The 4 weeks before the general public vacation is based upon the company’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 4 work weeks used to compute public holiday pay are those four weeks counting in reverse from the first Wednesday (the last day of the company’s work week) before the work week in which the public holiday falls.

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

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

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

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

Public vacation: Tuesday, December 25

In this example, the routine salaries made by the employee and the vacation pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are utilized in the calculation of public holiday pay.

Calculating public holiday pay

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

1. Calculate Iryna’s total routine incomes made:
$ 120 per day X 5 days = $600 per week
$ 600 each week X 4 work weeks = $2,400.
Iryna earned $2,400 of routine 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 gets her vacation pay when she takes her trip. Because she was not on trip throughout the 4 work week duration, the quantity of getaway pay payable with respect to the 4 work weeks before the general public vacation = $0.

3. Combine her overall earnings 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 vacation pay.

Example: When getaway time is involved

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

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

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

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

Result: Brock is entitled to $160 public holiday 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 public vacation and her very first frequently scheduled day after the vacation. She and her employer have actually concurred in writing that she will get four percent getaway pay on each paycheque.

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

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

3. Total her regular earnings 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 holiday pay.

Example: When there are no set hours and each pay cheque consists of vacation pay

Bertie does not work a set number 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 employer have actually concurred in writing that she will get 4 percent vacation pay on each pay cheque.

1. Bertie’s routine salaries made during the four work weeks before the vacation are $1,500.

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

3. Total her regular salaries made and holiday 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 five days a week, earning $120 a day. She receives holiday 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 salaries or holiday pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these advantages are ruled out “earnings.”

Zoe is entitled to receive public holiday pay for the public holidays that fall throughout her leave as long as she works her last regularly arranged day before her leave and her very first routinely set up day after her leave, or has sensible cause for stopping working to do so.

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

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

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

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

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

Example: When an employee is on a layoff

Eugene usually works 5 days a week, earning $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid wages or getaway pay. He received employment insurance benefits throughout this time, but these advantages are ruled out “earnings.”

Eugene was remembered to deal with December 27. He is entitled to be paid public holiday spend for Christmas Day and Boxing Day as long as he works his last routinely scheduled day before the layoff and his first frequently set up day after the layoff, or has affordable cause for stopping working to do so.

However, since Eugene did not earn any wages or getaway pay in the four work weeks before those two public holidays, the quantity of public holiday 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 staff member is entitled to get superior spend for deal with a public holiday, they must be paid 1 1/2 times their routine rate of pay for each hour worked.

For instance, Nathan’s regular rate of pay is $20 an hour. This means that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

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

A substitute holiday should be set up for a day that is no later than three months after the general public vacation for which it was made, or, if the employee has actually agreed digitally or in writing, the alternative day off can be arranged as much as 12 months after the general public holiday.

If a staff member receives a replacement vacation, the employer should supply the employee with a composed statement that sets out the public holiday that is being substituted, the date of the alternative holiday, and the date that the statement was offered to the staff member. This statement needs to be offered to the worker before the general public vacation.

Entitlements for public holidays

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

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

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

When a public vacation falls on a staff member’s non-working day or job during an employee’s holiday

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

– an alternative vacation off with public vacation pay;.
or.

– public vacation pay for the public holiday, if the employee agrees to this electronically or in writing (in this case, the worker will not be given a substitute day off).

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

Most staff members can get the public holiday off and earn money public vacation pay. However, if a staff member agrees digitally or in writing to deal with the public vacation, there are 2 choices:

– the staff member is entitled to receive routine earnings for all hours dealt with the public holiday, plus an alternative day of rest work with public holiday pay;.
or.

– if the employee concurs digitally or in composing, they are entitled to public vacation spend for the general public vacation plus premium pay for all hours dealt with the general public holiday. In this case, the staff member 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 regular working days. He and his employer have actually agreed electronically or in writing that he will work on the public holiday and that, rather of getting a substitute vacation, he will be paid public holiday pay plus premium spend for all the hours he works on the holiday.

John-Duncan regularly works 8 hours a day, 5 days a week. His regular hourly pay rate is $20. He has worked on all his scheduled work days in the four work weeks before the public holiday. He works 8 hours on the general public holiday. He receives his vacation pay when his holiday is taken. He was not on getaway throughout the 4 work weeks leading up to the general public vacation

Step 1: determine public holiday pay:

1. Calculate John-Duncan’s overall routine wages earned in the four work weeks before the public holiday:
8 hours per day X $20 per hour = $160 each 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 quantity of trip pay payable with respect to the four work week period:.
John-Duncan gets his trip pay when he takes his vacation. Because he was not on getaway throughout the 4 work week duration, the quantity of getaway pay payable with regard to the four work weeks before the public vacation = $0.

3. Add together his overall wages 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 exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with 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 vacation pay of $160 and premium pay of $240, for a total of $400.

When an employee consents to deal with a public vacation however stops working to do so

If an employee has concurred electronically or in writing to work on the public vacation but 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 off with pay.

However, if the staff member has reasonable cause for not working the general public vacation, then privileges will depend upon which of the two options below the staff member selected in exchange for accepting work on the general public vacation:

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

– if the staff member had concurred digitally or in writing to deal with the general public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation spend for the holiday. The worker is not entitled to get any premium pay since they did not perform any work on the vacation.

When an employee works just some of the hours they accepted work on a public holiday

If a worker has actually agreed digitally or in composing to work on the public vacation but works only a few of the hours they accepted work, and does not have sensible cause for stopping working to work all of the hours, the employee is just entitled to receive exceptional spend for each hour worked on the vacation. The employee has no right to public holiday pay or a substitute day off work.

Example: A typical case

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

However, if the worker has sensible cause for working only some of the hours they concurred to deal with the general public holiday, then:

– the staff member is entitled to their routine rate for all the hours worked plus a substitute day off work with public vacation pay;.
or.

– if the staff member had concurred electronically or in composing to deal with the general public vacation for public vacation pay plus premium pay 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 certain markets

Special guidelines apply to staff members who work in the following kinds of businesses:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– health centers and nursing homes;.

– 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 business or the games part of a casino if the video games tables are open all the time).

A staff member who works in any of these services can be required to deal with a public holiday without their arrangement, however only if the vacation falls on a day that the worker would typically work and the staff member is not on vacation.

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

– their routine rate for the hours worked on the general public holiday, plus an alternative day off deal with public vacation pay;.
or.

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

The employer picks which of these alternatives will apply.

Note that the employer’s capability to require employees to work on a public holiday goes through the staff member’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the staff member’s employment contract. Note also that specific retail workers who work in continuous operations (for instance, a 24-hour corner store) can decline to work on a public vacation since of the unique guidelines that use to some retail employees. See the “Retail workers” chapter of this guide for job more details.

An employee in the formerly listed companies who is required to work on a public vacation that falls on their regular working day but fails to do so, with reasonable cause, is entitled to:

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

– public vacation spend for the holiday.

The employer picks which option will apply.

A staff member in any of these companies who is needed to work on a public vacation that falls on their ordinary working day but who fails, with sensible cause, to work a few of the hours they were needed to work on the holiday is entitled to either:

– their routine rate for each hour dealt with the vacation plus an alternative vacation with public vacation pay;.
or.

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

The company picks which option will apply.

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

Overtime calculations when a staff member receives exceptional pay

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

If work ends

Sometimes a worker’s job comes to an end before the worker can take a substitute vacation with public vacation pay that they have made. In this case, the company needs to pay the employee’s public vacation pay at the same time it pays the employee’s last incomes. This is so despite the factor the task came to an end, whether it is because the worker stopped, was fired for excellent factor, or for some other reason.