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 vacation and be paid:

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

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

Some employees may be required to work on a public holiday. (See “Special guidelines for specific industries” later in this Chapter.) While a lot of employees are qualified for the general public holiday privilege, some employees work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To determine whether a task is covered, or if special rules apply, please describe the Guide to work requirements unique rules and exemptions.

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

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

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

While some companies give their staff members a holiday on Easter Sunday, Easter Monday, the 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 employees carry out more than one type of work for a company. Some of this work might be covered by the public holiday part of the ESA, while another kind of work may be exempt from public vacation coverage.

If a worker performs both sort of work, exempt and covered, they are eligible for the general public holiday privilege with respect to a specific public vacation if a minimum of half of the work carried out in the work week of the general public holiday 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 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 eligible for the public holiday privilege for Canada Day.

Getting approved for public vacation entitlements

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

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

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

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

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

The “last and first guideline”

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

For instance, a worker may not be scheduled to work the day right before or after the holiday. As long as the staff member works all of their last regularly set up shift before the vacation and all of the first one after it, or has reasonable cause for not working either of those days, they meet this certifying 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 responsible for showing that they had sensible cause for keeping away from work. If they can do so, they still receive public holiday privileges.

How the last and first guideline works

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

Example: When an employee takes a day off

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his employer for approval to take off the Thursday before the public holiday due to the fact that he has a personal appointment. His employer concurs. 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 entire Tuesday shift after the vacation, or has affordable cause for not working either of those days, he receives the paid public vacation.

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the vacation. Doris normally 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 general public holiday. The employer agrees. Doris’s frequently scheduled shift on the Thursday before the public holiday is now thought about to be from 9 a.m. to 3 p.m.

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

Example: employment When an employee is on vacation

Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last frequently scheduled shift before his trip and first frequently scheduled shift after his trip – on June 24 and July 10 – or has reasonable cause for stopping working 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 happens. If Lydia works her last frequently set up day of work before her leave, and her very first frequently scheduled day of work after her leave, or has reasonable cause for failing to do so, she will be entitled to the paid public vacation.

Example: When there is no reasonable cause

A public vacation falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not deal with her last scheduled day before the holiday, and she does not have affordable cause for missing out on that day. She receives no spend for the holiday.

Public vacation pay

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

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

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

Vacation pay payable

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

If the staff member is to be paid holiday pay with every pay cheque the quantity of trip pay to include in the computation of public vacation pay will be at least 4 percent of all of the employee’s incomes earned during the four work week period. (Note that if an employee makes a greater portion of holiday pay, such as 6 percent of wages, then the “vacation pay payable” will be based on that higher percentage.)

If an employee is to receive their trip pay in a lump sum on a particular date or dates, vacation pay will be included in the computation of public holiday pay only if that date or dates falls throughout the pertinent 4 work week duration.

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

The four weeks before the general public holiday 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 in reverse from the very 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: 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 salaries earned by the employee and the trip pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are used in the computation of public holiday pay.

Calculating public vacation pay

Iryna works 5 days a week and earns $120 a day. She worked her last frequently arranged work day before the general public holiday and her first regularly set up day after the vacation. She gets her trip pay when her vacation is taken. She was not on holiday throughout the 4 work weeks leading up to the general public holiday.

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

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

3. Total her total salaries earned 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: employment When trip time is included

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

1. Calculate Brock’s overall regular incomes earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Total his total wages made and getaway payable and divide the amount 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 consists of vacation pay

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

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

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

3. Combine her regular wages earned and getaway pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque includes holiday 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 receive four percent holiday pay on each pay cheque.

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

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

3. Total her routine earnings made and vacation 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 normally works five days a week, earning $120 a day. She receives getaway pay before she goes on trip. 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 wages or getaway pay. She got maternity and parental take advantage of the federal Employment Insurance program, however these benefits are not thought about “wages.”

Zoe is entitled to receive public vacation spend for the public vacations that fall during her leave as long as she works her last frequently set up day before her leave and her very first regularly set up day after her leave, or has reasonable cause for employment failing to do so.

Zoe went on leave on June 10 and just worked 7 days during the 4 work weeks before the Canada Day public vacation. 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 getaway during the 4 work week period).

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

Her public vacation pay for the rest of the public holidays that fall during her leave will be $0. This is since she will not have made any incomes or vacation pay on any of the days during the 4 work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene normally works five 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 holiday pay. He received work insurance coverage advantages throughout this time, but these benefits are ruled out “wages.”

Eugene was remembered to deal with 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 stopping working to do so.

However, because Eugene did not earn any salaries 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 worker’s routine rate of pay. If an employee is entitled to get superior spend for work on a public holiday, they must 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 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 vacation spend for employment a substitute vacation.

An alternative holiday should be arranged for a day that is no behind 3 months after the public holiday for which it was earned, or, if the staff member has concurred electronically or in writing, the substitute day off can be arranged approximately 12 months after the public holiday.

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

Entitlements for public holidays

Entitlements for public holidays vary depending on such things as whether the vacation falls on a working day or a non-working day and whether the employee 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 staff members deserve to get the public holiday off and earn money public vacation pay. (Some employees might be required to work on a public vacation. See “Special rules for specific industries” later in this chapter.)

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

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

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

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

When a worker who qualifies for the day off has actually agreed digitally or in writing to work on a public vacation

Most staff members deserve to get the general public vacation off and earn money public vacation pay. However, if a staff member concurs electronically or in writing to work on the general public vacation, there are two alternatives:

– the staff member is entitled to get routine wages for all hours worked on the public holiday, plus a substitute day of rest work with public holiday pay;.
or.

– if the staff member concurs electronically or in writing, they are entitled to public holiday spend for the public vacation plus premium spend for employment all hours dealt with the general public holiday. In this case, the employee will not be provided an alternative day of rest.

Example: Calculating public holiday pay plus premium pay

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

John-Duncan routinely works eight 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 4 work weeks before the public vacation. He works eight hours on the public vacation. He gets his trip pay when his vacation is taken. He was not on vacation during the four work weeks leading up to the public holiday

Step 1: determine public holiday pay:

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

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

3. Combine his total wages made and holiday pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public holiday pay entitlement is $160.

Step 2: calculate superior pay

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

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

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

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

If an employee has agreed electronically 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 worker has affordable cause for not working the general public vacation, then entitlements will depend upon which of the two alternatives below the employee picked in exchange for agreeing to deal with the general public holiday:

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

– if the employee had actually concurred electronically or in writing to deal with the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation spend for the vacation. The staff member is not entitled to get any superior pay since they did not carry out any deal with the vacation.

When a worker works only a few of the hours they accepted deal with a public vacation

If a staff member has concurred electronically or in composing to deal with the public holiday but works just some of the hours they agreed to work, and employment does not have affordable cause for failing to work all of the hours, the worker is only entitled to get premium pay for each hour worked on the holiday. The worker has no right to public vacation pay or an alternative day of rest work.

Example: A normal case

Trudi had agreed in writing that she would work eight hours on Canada Day however she only worked four hours and did not have reasonable cause for stopping working to work the other four hours. Trudi is entitled just to premium pay for the four hours she worked on the vacation. She is not entitled to public vacation pay or to an alternative day off work.

However, if the employee has sensible cause for working only a few of the hours they accepted deal with the general public holiday, then:

– the worker is entitled to their routine rate for all the hours worked plus an alternative day of rest deal with public vacation pay;.
or.

– if the worker had actually concurred digitally or in composing 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 holiday pay plus premium spend for every hour dealt with the holiday.

Special guidelines for certain industries

Special guidelines apply to workers who operate in the following types of companies:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– hospitals 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 video games part of a gambling establishment if the games tables are open around the clock).

A worker who operates in any of these businesses can be required to deal with a public vacation without their contract, however just if the holiday falls on a day that the worker would normally work and the staff member is not on holiday.

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

– their routine rate for the hours dealt with the public vacation, plus an alternative day of rest deal with public holiday pay;.
or.

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

The employer picks which of these options will use.

Note that the employer’s capability to require workers to work on a public vacation undergoes the employee’s right to take a day off for purposes of religious observance under the Ontario Human Rights Code, and to the regards to the staff member’s employment agreement. Note also that specific retail workers who work in continuous operations (for example, a 24-hour corner store) can refuse to work on a public vacation because of the special rules that apply to some retail workers. See the “Retail workers” chapter of this guide for additional information.

A staff member in the previously listed services who is required to work on a public vacation that falls on their normal working day but fails to do so, with sensible cause, is entitled to:

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

– public holiday spend for the holiday.

The company selects which choice will apply.

A worker in any of these organizations who is needed to deal with a public holiday that falls on their normal working day but 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 routine rate for each hour worked on the holiday plus a replacement vacation with public vacation pay;.
or.

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

The company selects which choice will use.

A staff member in any of these organizations who is needed to work on a public vacation that falls on their common working day but who fails, without reasonable cause, to work part or all of the public holiday is just entitled to spend for each hour dealt with the holiday (if any). The worker has no right to public holiday pay or an alternative day off work.

Overtime computations when a worker receives exceptional pay

Any hours dealt with a public vacation that are compensated with exceptional pay are not included when determining whether a worker has worked any overtime hours.

If employment ends

Sometimes an employee’s task comes to an end before the staff member can take a replacement holiday with public holiday pay that they have made. In this case, the company should pay the worker’s public vacation pay at the exact same time it pays the staff member’s final wages. This is so despite the reason the job pertained to an end, whether it is since the worker quit, was fired for excellent reason, or for some other factor.