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 staff member can agree electronically or in composing to work on the vacation and be paid:

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

– be paid their routine earnings for all hours dealt with the public vacation and receive another replacement vacation for which they should be paid public vacation pay.

Some staff members might be needed to work on a public holiday. (See “Special guidelines for specific industries” later on in this Chapter.) While the majority of staff members are qualified for the general public holiday privilege, some employees work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To figure out whether a job is covered, or if special guidelines use, please refer to the Guide to employment standards special guidelines and exemptions.

Use the Employment Standards Self-Service Tool to check compliance with public vacations and other work standards privileges.

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

Regular incomes does not include any overtime pay, trip pay, public holiday 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 employers provide their workers 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 staff members perform more than one type of work for a company. Some of this work may be covered by the public vacation part of the ESA, while another sort of work might be exempt from public vacation protection.

If a staff member performs both sort of work, exempt and covered, they are eligible for the public vacation entitlement with respect to a specific public vacation if a minimum of half of the work performed in the work week of the general 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 protection) and a (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 qualified for the general public holiday privilege for Canada Day.

Getting approved for public holiday privileges

Generally, workers get approved for the public holiday entitlement unless they:

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

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

Note: Most staff members who fail to certify for the general public vacation privilege are still entitled to be paid premium spend for every hour they work on the vacation.

Qualified workers can be full time, part-time, long-term or on term agreement. It does not matter how recently they were worked with, or how many days they worked before the public holiday.

The “last and first rule”

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

For example, an employee might not be arranged to work the day right before or after the vacation. As long as the worker works all of their last routinely 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 criterion.

Reasonable cause

A staff member is normally considered to have “sensible cause” for missing work when something beyond their control prevents the employee from working. Employees are accountable for showing that they had reasonable cause for keeping away from work. If they can do so, they still get approved for public holiday entitlements.

How the last and very first guideline works

Rosie’s routine work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment closes down for that day. If Rosie works the whole shift on the Thursday before the vacation and employment the Tuesday after the holiday, or has sensible cause for stopping working to work either of those days, she certifies to be paid for the holiday.

Example: When an employee takes a day off

A public vacation falls on a Monday, and Lev’s work environment shuts down for that day. Lev routinely works Monday to Thursday. Lev has asked his company for approval to take off the Thursday before the public holiday because he has a personal visit. His company concurs. 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 holiday and his entire Tuesday shift after the holiday, or has reasonable cause for not working either of those days, he qualifies for the paid public holiday.

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 agrees. Doris’s frequently arranged 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 reasonable cause for failing to do so, she is entitled to the paid public vacation.

Example: When a staff member is on getaway

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly arranged shift before his holiday and first frequently arranged shift after his getaway – on June 24 and July 10 – or has affordable cause for failing to do so, he will get approved for the paid public holiday.

Example: When a worker is on a leave or layoff

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

Example: When there is no affordable cause

A public vacation falls on a Monday, and Ellen’s work environment 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 out on that day. She gets no pay for the holiday.

Public holiday pay

The quantity of public holiday pay to which a staff member is entitled is all of the routine wages earned by the staff member in the 4 work weeks before the work week with the general public vacation plus all of the vacation pay payable to the worker with respect 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 holiday pay

The quantity of trip pay payable to include in the estimation of public holiday pay depends upon whether the worker is on holiday at any time during the four work weeks prior to the general public holiday, and the manner in which the staff member is to be paid holiday pay. Please describe the Vacation chapter for details on the different methods holiday 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, getaway pay will be included in the calculation of public holiday pay if the staff member was on holiday during that 4 work week duration. If the worker was not on getaway during that duration, no getaway pay will be included in the estimation.

If the staff member is to be paid trip pay with every pay cheque the quantity of trip pay to consist of in the calculation of public vacation pay will be at least four percent of all of the staff member’s incomes made throughout the four work week period. (Note that if a worker makes a greater portion of holiday pay, such as 6 percent of earnings, then the “trip pay payable” will be based on that greater percentage.)

If a worker is to get their getaway pay in a lump amount on a specific date or dates, trip pay will be consisted of in the estimation of public vacation pay only if that date or dates falls during the relevant four work week duration.

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

The four weeks before the public holiday is based upon the employer’s work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the four work weeks utilized to determine public vacation pay are those 4 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: 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 regular earnings earned by the worker 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 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 very first routinely set up day after the holiday. She receives her vacation pay when her getaway is taken. She was not on trip throughout the 4 work weeks leading up to the general public vacation.

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

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

3. Total her total incomes earned and holiday pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: employment When vacation time is included

Brock works five days a week and earns $160 a day. He was on holiday for 2 of the 4 weeks before the general public holiday. He gets getaway pay before he takes his getaway. He is paid $1,600 holiday spend for his 2 weeks of getaway. Brock worked his last routinely set up work day before the public holiday and his very first routinely arranged work day after the vacation.

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

2. Calculate the quantity of holiday pay:.
Brock was on holiday for two 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 getaway pay payable with regard to the 4 work weeks prior to the work week with the public holiday = $1,600.

3. Add together his total earnings 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 worker works part-time and each pay cheque consists of vacation pay

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

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

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

3. Combine her regular 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 holiday pay.

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

Bertie does not work a set number of hours per day or days weekly. Her pay varies 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 four per cent vacation pay on each pay cheque.

1. Bertie’s regular incomes earned during the 4 work weeks before the vacation are $1,500.

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

3. Combine her regular incomes made 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 a worker is on a leave

Zoe typically works 5 days a week, earning $120 a day. She gets trip pay before she goes on trip. 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 incomes or getaway pay. She received maternity and parental advantages from the federal Employment Insurance program, but these advantages are not considered “earnings.”

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

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

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

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

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

Her public holiday pay for the remainder of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have made any incomes or vacation 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, making $100 a day. He was positioned on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or trip pay. He got employment insurance advantages throughout this time, but these advantages are not considered “wages.”

Eugene was remembered to deal with December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last routinely arranged day before the layoff and his first frequently arranged day after the layoff, or has sensible cause for failing to do so.

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

Premium pay

Premium pay is 1 1/2 times a staff member’s routine rate of pay. If a worker is entitled to get premium spend for deal with a public holiday, employment 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 indicates that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

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

A replacement vacation should be arranged for a day that is no later on than 3 months after the general public vacation for which it was made, or, if the staff member has actually concurred electronically or in composing, the alternative day of rest can be arranged as much as 12 months after the general public holiday.

If a staff member gets a substitute vacation, the employer must supply the worker with a composed declaration that sets out the general public holiday that is being substituted, the date of the replacement vacation, and the date that the statement was provided to the employee. This statement must be supplied to the employee before the public holiday.

Entitlements for public vacations

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 worker works on the holiday. The different privileges are set out listed below.

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

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

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

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

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

– public vacation spend for the public vacation, if the worker consents to this electronically or in writing (in this case, the worker will not be offered an alternative day of rest).

When an employee who receives the day of rest has agreed electronically or in writing to deal with a public vacation

Most employees deserve to get the public vacation off and get paid public vacation pay. However, if a staff member concurs digitally or in writing to work on the general public vacation, there are two options:

– the employee is entitled to get routine salaries for all hours dealt with the public vacation, plus a substitute day off work with public vacation pay;.
or.

– if the employee concurs electronically or in writing, they are entitled to public holiday pay for the public vacation plus premium spend for all hours dealt with the public vacation. In this case, the worker will not be offered a substitute day of rest.

Example: Calculating public holiday pay plus premium pay

A public vacation falls on one of John-Duncan’s regular working days. He and his company have actually agreed electronically or in writing that he will work on 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 deals with the holiday.

John-Duncan routinely works eight hours a day, five days a week. His routine 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 8 hours on the general public vacation. He receives his getaway pay when his trip is taken. He was not on trip during the four work weeks leading up to the general public vacation

Step 1: compute public vacation pay:

1. Calculate John-Duncan’s overall regular salaries earned in the 4 work weeks before the public holiday:
8 hours each day X $20 per hour = $160 each day
$ 160 each day X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the public vacation.

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

3. Total his overall salaries made and trip pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: calculate premium pay

Finally, the premium pay owing to John-Duncan for his work on the general 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 entitlement is $240.

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

When an employee consents to work on a public holiday but fails to do so

If a staff member has agreed digitally or in composing to work on the general public holiday 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 holiday pay or employment to an alternative day off with pay.

However, if the worker has sensible cause for not working the general public holiday, then entitlements will depend on which of the two alternatives listed below the worker selected in exchange for accepting work on the general public holiday:

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

– if the worker had actually concurred electronically 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 pay for the holiday. The staff member is not entitled to receive any superior pay because they did not carry out any work on the vacation.

When a worker works only some of the hours they accepted work on a public vacation

If an employee has actually agreed digitally or in writing to deal with the general public vacation but works just some of the hours they concurred to work, and does not have sensible cause for failing to work all of the hours, the staff member is just entitled to get superior pay for each hour dealt with the holiday. The employee has no right to public holiday pay or a substitute day of rest work.

Example: A common case

Trudi had concurred in writing that she would work 8 hours on Canada Day but she just worked four hours and did not have reasonable cause for failing to work the other 4 hours. Trudi is entitled just to premium spend for the 4 hours she dealt with the vacation. She is not entitled to public vacation pay or to an alternative day of rest work.

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

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

– if the employee had actually concurred digitally or in composing to deal with 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 rules for particular markets

Special guidelines use to workers who operate in the following kinds of organizations:

– hotels, motels and tourist resorts;.

– restaurants and taverns;.

– health centers and retirement home;.

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

A staff member who operates in any of these companies can be needed to work on a public vacation without their contract, but only if the holiday falls on a day that the staff member would usually work and the staff member is not on vacation.

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

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

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

The employer chooses which of these alternatives will use.

Note that the company’s capability to require workers to work on a public holiday undergoes the staff member’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the staff member’s work agreement. Note likewise that specific retail employees who work in continuous operations (for instance, a 24-hour convenience shop) have the right to refuse to work on a public vacation because of the special guidelines that apply to some retail employees. See the “Retail workers” chapter of this guide to find out more.

An employee in the previously listed services who is required to work on a public holiday that falls on their common working day but fails to do so, with reasonable cause, is entitled to:

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

– public vacation pay for the vacation.

The employer chooses which alternative will apply.

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

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

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

The employer chooses which alternative will use.

A worker in any of these businesses who is needed to work on a public vacation that falls on their common working day however who stops working, without sensible cause, to work part or all of the public vacation is just entitled to get exceptional 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 estimations when a worker gets superior pay

Any hours worked on a public holiday that are compensated with superior pay are not consisted of when determining whether an employee has worked any overtime hours.

If work ends

Sometimes a worker’s task comes to an end before the worker can take a replacement vacation with public holiday pay that they have actually made. In this case, the company should pay the staff member’s public holiday pay at the very same time it pays the staff member’s last salaries. This is so despite the reason the task came to an end, whether it is due to the fact that the staff member stopped, was fired for good reason, or for some other reason.