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Qualified Employees can Be Full Time

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

Alternatively, the staff member can agree digitally or in writing to deal with the holiday and be paid:

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

– be paid their regular earnings for all hours dealt with the general public holiday and get another substitute vacation for which they need to be paid public vacation pay.

Some staff members may be required to work on a public vacation. (See “Special rules for certain markets” later on in this Chapter.) While a lot of staff members are qualified for the general public vacation entitlement, some workers work 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 unique guidelines apply, please refer to the Guide to employment standards special rules and exemptions.

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

See “Public holiday pay” later in this chapter.

Regular wages does not include any overtime pay, holiday pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of task pay payable to a staff member.

While some companies offer their employees a holiday on Easter Sunday, Easter Monday, the very 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 perform more than one sort of work for an employer. 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 a staff member carries out both sort of work, exempt and covered, they are eligible for the public holiday privilege with respect to a particular public vacation if at least half of the work carried out 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 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 holiday part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.

Receiving public holiday entitlements

Generally, employees receive the public vacation privilege unless they:

– fail without affordable cause to work all of their last regularly set up day of work before the general public vacation or all of their very first regularly arranged day of work after the general public vacation (this is called the “Last and First Rule”);.
or.

– stop working without reasonable cause to work their whole shift on the general public vacation if they concurred to or were required to work that day.

Note: Most workers who stop working to receive the general public vacation entitlement are still entitled to be paid superior spend for every hour they work on the vacation.

Qualified employees can be full time, part-time, irreversible or on term contract. It does not matter how just recently they were worked with, or how numerous days they worked before the public vacation.

The “last and first guideline”

The “last frequently arranged day of work before the general public holiday” and the “first frequently arranged day of work after the public holiday” do not have to be the days right in the past and right after the vacation.

For example, a staff member might not be arranged to work the day right before or after the holiday. As long as the employee works all of their last regularly set up 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 fulfill this qualifying requirement.

Reasonable cause

A worker is typically thought about to have “sensible cause” for missing out on work when something beyond their control avoids the staff member from working. Employees are accountable for revealing that they had affordable cause for keeping away from work. If they can do so, they still qualify for public vacation privileges.

How the last and very first guideline works

Rosie’s routine work week runs from Monday to Thursday. A public holiday 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 paid for the holiday.

Example: When a worker takes a day off

A public vacation falls on a Monday, and Lev’s office closes down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his employer for authorization to take off the Thursday before the general public holiday since he has an individual appointment. His employer agrees. Lev’s last frequently arranged work day before the vacation is now considered to be on the Wednesday.

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

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the vacation. Doris usually 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 general public holiday. The company concurs. Doris’s routinely 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 affordable cause for failing to do so, she is entitled to the paid public vacation.

Example: When a worker 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 frequently arranged shift before his holiday and very first regularly set up shift after his getaway – on June 24 and July 10 – or has reasonable cause for stopping working to do so, he will receive the paid public vacation.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation takes place. If Lydia works her last frequently arranged day of work before her leave, and her very first frequently arranged day of work after her leave, or has reasonable cause for failing to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

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

Public vacation pay

The amount of public holiday pay to which a staff member is entitled is all of the regular salaries made by the staff member in the 4 work weeks before the work week with the general public vacation 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 consist of holiday pay in the computation of public vacation pay

The quantity of holiday pay payable to consist of in the estimation of public vacation pay depends on whether the employee is on trip at any time throughout the 4 work weeks prior to the general public holiday, and the way in which the worker is to be paid holiday pay. Please describe the Vacation chapter for information on the different ways 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 period in which the getaway falls, getaway pay will be consisted of in the computation of public vacation pay if the worker was on vacation during that four work week period. If the employee was not on holiday throughout that duration, no holiday pay will be included in the estimation.

If the worker is to be paid getaway pay with every pay cheque the quantity of getaway pay to consist of in the estimation of public vacation pay will be at least four percent of all of the employee’s earnings earned during the 4 work week duration. (Note that if an employee earns a greater percentage of vacation pay, such as 6 per cent of wages, then the “getaway pay payable” will be based upon that greater portion.)

If an employee is to receive their trip pay in a swelling sum on a specific date or dates, holiday pay will be consisted of in the estimation of public holiday pay just if that date or dates falls throughout the pertinent four work week period.

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

The 4 weeks before the general public vacation is based on the company’s work week and is not necessarily a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the 4 work weeks used to compute public holiday pay are those 4 weeks counting in reverse from the very 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 vacation: Tuesday, December 25

In this example, the routine salaries earned by the staff member and the getaway pay payable to the worker with regard 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 makes $120 a day. She worked her last regularly arranged work day before the public vacation and her first frequently set up day after the holiday. She gets her getaway pay when her vacation is taken. She was not on holiday during the 4 work weeks leading up to the general public holiday.

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

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

3. Combine her overall incomes earned and holiday pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public holiday pay.

Example: When getaway time is involved

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

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

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

3. Total his total wages earned 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 holiday pay.

Example: When an employee works part-time and each pay cheque consists of trip pay

Tegan works 3 days a week and earns $120 a day. She worked her last regularly scheduled work day before the public vacation and her first regularly scheduled day after the holiday. She and her employer have actually concurred in composing that she will receive four percent getaway pay on each paycheque.

1. Calculate Tegan’s regular incomes made:.
$ 120 daily X 3 days = $360 per 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 per week.
$ 14.40 each week X 4 weeks = $57.60.

3. Total her routine salaries earned 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 holiday 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 daily or days per week. Her pay varies from week to week, according to the time she has worked. She and her employer have actually concurred in writing that she will get four percent holiday pay on each pay cheque.

1. Bertie’s routine incomes earned throughout the 4 work weeks before the holiday are $1,500.

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

3. Total her regular salaries earned and trip pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When an employee is on a leave

Zoe normally works 5 days a week, referall.us making $120 a day. She receives trip pay before she goes on vacation. 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 salaries or getaway pay. She received maternity and adult gain from the federal Employment Insurance program, however these advantages are ruled out “wages.”

Zoe is entitled to receive public vacation pay for the general public holidays that fall throughout her leave as long as she works her last routinely arranged day before her leave and her very first regularly scheduled day after her leave, or has reasonable cause for failing to do so.

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

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

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

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

Her public holiday pay for the rest of the public vacations that fall during her leave will be $0. This is because she will not have actually earned any earnings or getaway pay on any of the days during the four work weeks before each of those holidays.

Example: When a staff member is on a layoff

Eugene typically works 5 days a week, earning $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid earnings or vacation pay. He received work insurance advantages during this time, but these advantages are ruled out “salaries.”

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

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

Premium pay

Premium pay is 1 1/2 times a worker’s routine rate of pay. If an employee is entitled to receive superior pay for deal with 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 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 replacement holiday is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public vacation spend for a replacement vacation.

A substitute holiday should be set up for a day that is no later on than three months after the public vacation for which it was made, or, if the worker has actually concurred electronically or in writing, the alternative day of rest can be arranged as much as 12 months after the public holiday.

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

Entitlements for public vacations

Entitlements for public holidays differ depending on such things as whether the vacation falls on a working day or a non-working day and whether the worker deals with the holiday. The different entitlements are set out below.

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

Most employees have the right to get the general public holiday off and get paid public vacation pay. (Some staff members may be required to work on a public holiday. See “Special rules for certain markets” later in this chapter.)

When a public holiday falls on a worker’s non-working day or during an employee’s trip

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

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

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

When an employee who qualifies for the day of rest has actually concurred digitally or in composing to deal with a public holiday

Most staff members have the right to get the general public vacation off and get paid public vacation pay. However, if a worker concurs digitally or in writing to work on the general public vacation, there are 2 choices:

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

– if the employee agrees digitally or in writing, they are entitled to public vacation pay for the general public vacation plus premium spend for all hours worked on the general public vacation. In this case, the staff member will not be provided an alternative day off.

Example: Calculating public vacation pay plus premium pay

A public holiday falls on among John-Duncan’s normal working days. He and his employer have concurred digitally or in writing that he will work on the public holiday which, instead of getting an alternative vacation, he will be paid public holiday pay plus premium pay for all the hours he deals with the holiday.

John-Duncan frequently works eight hours a day, five days a week. His regular hourly 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 8 hours on the public holiday. He gets his vacation pay when his vacation is taken. He was not on vacation during the 4 work weeks leading up to the general public holiday

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s total regular wages earned in the four work weeks before the public vacation:
8 hours per day X $20 per hour = $160 daily
$ 160 each day X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 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:.
John-Duncan gets his vacation pay when he takes his vacation. Because he was not on trip during the four work week period, the quantity of getaway pay payable with respect to the 4 work weeks before the public holiday = $0.

3. Combine his overall wages made and vacation 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: compute superior pay

Finally, the premium pay owing to John-Duncan for his work on the public vacation 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 work on a public holiday however fails to do so

If a worker has agreed electronically or in writing to work on the public vacation but does not do so – and does not have reasonable cause for not having actually done so – the worker has no right to public holiday pay or to a substitute day off with pay.

However, if the employee has sensible cause for not working the public vacation, then privileges will depend on which of the two alternatives below the employee picked in exchange for accepting deal with the public vacation:

– if the staff member had concurred electronically or in composing to deal with the general public holiday for routine wages plus an alternative day off with public vacation pay, the staff member is entitled to an alternative day off work with public holiday pay;.
or.

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

When an employee works only some of the hours they accepted deal with a public holiday

If a staff member has agreed digitally or in writing to deal with the however works only a few of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the staff member is just entitled to receive superior spend for each hour dealt with the holiday. The employee has no right to public holiday pay or an alternative day of rest work.

Example: A typical case

Trudi had actually agreed in composing that she would work eight hours on Canada Day but she just worked four hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled only to premium pay for the 4 hours she worked on the vacation. She is not entitled to public holiday pay or to an alternative day of rest work.

However, if the staff member has reasonable cause for working only some of the hours they consented to work on the public holiday, then:

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

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

Special guidelines for certain markets

Special guidelines use to staff members who operate in the following types of organizations:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– medical facilities and nursing homes;.

– constant 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 games part of a casino if the games tables are open around the clock).

An employee who operates in any of these companies can be needed to work on a public holiday without their agreement, but only if the vacation falls on a day that the employee would normally work and the employee is not on vacation.

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

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

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

The company chooses which of these alternatives will use.

Note that the company’s capability to need employees to deal with a public holiday goes through the employee’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the employee’s employment contract. Note also that specific retail employees who work in constant operations (for instance, a 24-hour benefit shop) have the right to decline to work on a public holiday because of the unique rules that use to some retail employees. See the “Retail workers” chapter of this guide to find out more.

A worker in the formerly listed companies who is needed to work on a public vacation that falls on their normal working day however stops working to do so, with sensible cause, is entitled to:

– an alternative holiday with public holiday pay;.
or.

– public vacation spend for the holiday.

The employer picks which alternative will apply.

A staff member in any of these businesses who is needed to work on a public vacation that falls on their regular working day however who stops working, with reasonable cause, to work some of the hours they were required to deal with the holiday is entitled to either:

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

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

The company selects which choice will use.

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

Overtime estimations when a staff member receives superior pay

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

If employment ends

Sometimes a staff member’s task pertains to an end before the employee can take a substitute vacation with public vacation pay that they have actually earned. In this case, the company must pay the employee’s public holiday pay at the very same time it pays the staff member’s final salaries. This is so regardless of the reason the job pertained to an end, whether it is due to the fact that the staff member quit, was fired for good reason, or for some other factor.