Qualified Employees can Be Full Time
Most staff members who certify are entitled to take nowadays off work and be paid public holiday pay.
Alternatively, the worker can agree electronically or in writing to deal with the holiday and be paid:
– public holiday pay plus premium pay for all hours worked on the public holiday and not receive another day of rest (called a “substitute” vacation);.
or.
– be paid their regular earnings for all hours dealt with the general public vacation and receive another substitute vacation for which they should be paid public holiday pay.
Some staff members might be needed to work on a public holiday. (See “Special guidelines for certain industries” later in this Chapter.) While most employees are eligible for the general public vacation entitlement, some staff members work in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To determine whether a task is covered, or if special guidelines apply, please describe the Guide to work standards special rules and exemptions.
Use the Employment Standards Self-Service Tool to examine compliance with public holidays and other work standards privileges.
See “Public vacation pay” later on in this chapter.
Regular salaries does not include any overtime pay, vacation pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of task pay payable to an employee.
While some companies offer their workers a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.
Performing both covered and exempt work
Some workers perform more than one sort of work for a company. Some of this work might be covered by the public vacation part of the ESA, while another type of work might be exempt from public holiday coverage.
If a staff member carries out both type of work, exempt and covered, they are eligible for the general public vacation privilege with respect to a particular public holiday if at least half of the work performed in the work week of the general public vacation is work that is covered.
Rupert works for a taxi company as both a taxi cab driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday 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 public holiday privilege for Canada Day.
Receiving public vacation privileges
Generally, workers certify for the general public vacation entitlement unless they:
– stop working without affordable cause to work all of their last routinely arranged day of work before the general public holiday 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.
– fail without affordable cause to work their whole shift on the general public vacation if they agreed to or were required to work that day.
Note: Most workers who stop working to receive the public vacation entitlement are still entitled to be paid premium spend for every hour they work on the vacation.
Qualified workers can be complete time, part time, permanent or on term agreement. It does not matter how just recently they were worked with, or the number of days they worked before the public vacation.
The “last and very first rule”
The “last regularly scheduled day of work before the general public vacation” and the “first routinely set up day of work after the general public holiday” do not have to be the days right before and right after the vacation.
For instance, a worker may not be arranged to work the day right before or after the vacation. As long as the staff member works all of their last frequently scheduled shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they meet this qualifying requirement.
Reasonable cause
A staff member is typically thought about to have “reasonable cause” for missing work when something beyond their control avoids the worker from working. Employees are responsible for revealing 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 first guideline works
Rosie’s regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s workplace shuts down for that day. If Rosie works the entire 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 qualifies to be paid for the vacation.
Example: When an employee takes a day off
A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his company for permission to remove the Thursday before the public holiday because he has an individual consultation. His company concurs. Lev’s last regularly arranged 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 whole Tuesday shift after the holiday, or has affordable cause for not working either of those days, he receives the paid public vacation.
Example: When a worker leaves early
A public holiday falls on a Friday, and Doris’s office 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 frequently scheduled shift on the Thursday before the public vacation is now considered to be from 9 a.m. to 3 p.m.
. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has sensible cause for stopping working to do so, she is entitled to the paid public holiday.
Example: 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 set up shift before his holiday and first frequently set up shift after his trip – 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 an employee is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day vacation takes place. If Lydia works her last routinely arranged day of work before her leave, and her very first regularly set up day of work after her leave, or has affordable cause for failing 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 office is closed for the holiday. Ellen does not work on her last scheduled day before the holiday, and she does not have affordable cause for missing that day. She gets no pay for the vacation.
Public vacation pay
The quantity of public holiday pay to which a staff member is entitled is all of the routine earnings earned by the staff member in the 4 work weeks before the work week with the general public holiday plus all of the getaway pay payable to the worker with regard to the four work weeks before the work week with the public vacation, divided by 20.
When to consist of trip pay in the calculation of public vacation pay
The quantity of trip pay payable to include in the estimation of public vacation pay depends on whether the staff member is on trip at any time throughout the four work weeks prior to the public holiday, and the way in which the employee is to be paid vacation 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 trip pay before they take a getaway or on or before the pay day for the duration in which the getaway falls, trip pay will be included in the estimation of public vacation pay if the staff member was on vacation throughout that 4 work week duration. If the worker was not on getaway throughout that period, no trip pay will be consisted of in the calculation.
If the employee is to be paid holiday pay with every pay cheque the quantity of holiday pay to consist of in the calculation of public vacation pay will be at least 4 per cent of all of the employee’s incomes earned during the four work week duration. (Note that if a worker earns a greater portion of vacation pay, such as 6 per cent of wages, then the “holiday pay payable” will be based upon that higher percentage.)
If an employee is to get their getaway pay in a swelling sum on a specific date or dates, vacation pay will be consisted of in the calculation of public holiday pay just if that date or dates falls throughout the relevant four work week duration.
Calculating the 4 work week period before the work week with a public holiday
The 4 weeks before the public holiday is based on 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 compute public vacation pay are those 4 weeks counting in reverse from the very first Wednesday (the last day of the employer’s work week) before the work week in which the general public vacation falls.
– Week 1: Thursday, November 22 – Wednesday, November 28
– Week 2: Thursday, November 29 – Wednesday, December 5
– Week 3: Thursday, December 6 – Wednesday, December 12
– Week 4: Thursday, December 13 – Wednesday, December 19
Public vacation: Tuesday, December 25
In this example, the regular incomes earned by the employee and the holiday pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are utilized in the calculation of public vacation pay.
Calculating public vacation pay
Iryna works 5 days a week and makes $120 a day. She worked her last routinely set up work day before the public vacation and her first routinely scheduled day after the vacation. She gets her trip pay when her vacation is taken. She was not on getaway during the four work weeks leading up to the general public holiday.
1. Calculate Iryna’s overall routine wages earned:
$ 120 per day X 5 days = $600 each week
$ 600 each week X 4 work weeks = $2,400.
Iryna earned $2,400 of routine earnings 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:.
Iryna gets her vacation pay when she takes her holiday. Because she was not on trip throughout the 4 work week period, the amount of holiday pay payable with regard to the 4 work weeks before the public holiday = $0.
3. Add together her overall wages earned and getaway 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 2 of the four weeks before the public vacation. He receives trip pay before he takes his vacation. He is paid $1,600 vacation spend for his 2 weeks of trip. Brock worked his last frequently arranged work day before the general public vacation and his first routinely scheduled work day after the holiday.
1. Calculate Brock’s overall routine earnings made:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.
2. Calculate the quantity of trip pay:.
Brock was on getaway for two of the four work weeks prior to the work week with the public vacation, and is paid getaway pay before he takes his trip. The amount of vacation pay payable with respect to the 4 work weeks prior to the work week with the general public vacation = $1,600.
3. Total his overall earnings earned and holiday payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.
Result: Brock is entitled to $160 public vacation pay.
Example: When a staff member works part-time and each pay cheque includes vacation pay
Tegan works 3 days a week and makes $120 a day. She worked her last routinely scheduled work day before the public vacation and her very first regularly set up day after the holiday. She and her company have actually agreed in composing that she will get four percent holiday pay on each paycheque.
1. Calculate Tegan’s routine wages made:.
$ 120 daily X 3 days = $360 each week.
$ 360 weekly X 4 weeks = $1,440.
2. Calculate her vacation pay payable:.
$ 4.80 per day (4% of $120) X 3 days = $14.40 each week.
$ 14.40 per week X 4 weeks = $57.60.
3. Add together her routine incomes made and vacation 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 holiday pay
Bertie does not work a set number of hours daily or days each week. Her pay varies from week to week, according to the time she has worked. She and her employer have actually agreed in writing that she will get 4 per cent trip pay on each pay cheque.
1. Bertie’s regular salaries made during the four work weeks before the holiday are $1,500.
2. Calculate her vacation pay payable:.
$ 1,500 X 4% = $60.
3. Combine her regular incomes earned and vacation pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
Result: Bertie is entitled to $78 public holiday pay.
Example: When an employee is on a leave
Zoe generally works five days a week, making $120 a day. She gets getaway pay before she goes on holiday. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.
During her leaves, referall.us she was not paid incomes or getaway pay. She received maternity and adult take advantage of the federal Employment Insurance program, but these benefits are ruled out “earnings.”
Zoe is entitled to receive public vacation spend for the general public vacations that fall throughout her leave as long as she works her last regularly set up day before her leave and her very first routinely arranged day after her leave, or has reasonable cause for 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 holiday spend for Canada Day is:
– Regular salaries made: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on holiday during the 4 work week duration).
– Public holiday pay: ($ 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 due to the fact that she will not have made any earnings or holiday pay on any of the days during the four work weeks before each of those vacations.
Example: When a worker is on a layoff
Eugene generally 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 holiday pay. He got work insurance advantages during this time, however these advantages are not considered “incomes.”
Eugene was recalled to work on December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last routinely scheduled day before the layoff and his first frequently set up day after the layoff, or has sensible cause for failing to do so.
However, because Eugene did not make any earnings or holiday pay in the 4 work weeks before those two public vacations, the amount of public holiday pay he is entitled to will be $0.
Premium pay
Premium pay is 1 1/2 times an employee’s regular rate of pay. If a worker is entitled to receive superior spend for work on a public vacation, they need to be paid 1 1/2 times their regular rate of pay for each hour worked.
For example, Nathan’s regular rate of pay is $20 an hour. This suggests that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).
Substitute holiday
A substitute vacation is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday pay for a substitute holiday.
An alternative vacation should be set up for a day that is no later than 3 months after the general public vacation for which it was made, or, if the worker has actually concurred electronically or in composing, the alternative day of rest can be scheduled approximately 12 months after the public vacation.
If a worker gets a substitute holiday, the company needs to provide the worker with a composed declaration that sets out the public vacation that is being replaced, the date of the alternative holiday, and the date that the statement was provided to the employee. This declaration must be supplied to the worker before the public vacation.
Entitlements for public vacations
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 employee deals with the vacation. The various entitlements are set out listed below.
When a public holiday falls on a working day however the worker does not work
Most employees deserve to get the public holiday off and make money public holiday pay. (Some employees may be required to work on a public holiday. See “Special rules for certain industries” later on in this chapter.)
When a public vacation falls on a worker’s non-working day or during an employee’s getaway
When a public vacation falls on a day that is not normally a working day for a worker, or throughout the employee’s getaway, the worker is entitled to either:
– an alternative holiday off with public holiday pay;.
or.
– public vacation spend for the public holiday, if the worker consents to this digitally or in composing (in this case, the staff member will not be given a substitute day off).
When a worker who gets approved for the day of rest has actually concurred electronically or in writing to deal with a public holiday
Most employees deserve to get the public holiday off and earn money public holiday pay. However, if a staff member agrees electronically or in writing to deal with the public holiday, there are two choices:
– the employee is entitled to get regular wages for all hours worked on the public holiday, plus an alternative day of rest work with public vacation pay;.
or.
– if the employee concurs electronically or in composing, they are entitled to public holiday pay for the general public holiday 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 of rest.
Example: Calculating public holiday pay plus premium pay
A public vacation falls on among John-Duncan’s typical working days. He and his employer have actually agreed electronically or in writing that he will work on the public holiday which, instead of getting an alternative holiday, he will be paid public holiday pay plus premium spend for all the hours he deals with the vacation.
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 four work weeks before the general public vacation. He works 8 hours on the public vacation. He gets his getaway pay when his trip is taken. He was not on trip during the 4 work weeks leading up to the public vacation
Step 1: compute public vacation pay:
1. Calculate John-Duncan’s total regular incomes made in the 4 work weeks before the public vacation:
8 hours each day X $20 per hour = $160 daily
$ 160 each day X 5 days = $800 weekly
$ 800 X 4 work weeks = $3,200.
made $3,200 in the 4 work weeks before the public vacation.
2. Calculate the quantity of getaway pay payable with regard to the 4 work week duration:.
John-Duncan gets his vacation pay when he takes his trip. Because he was not on getaway during the four work week period, the quantity of vacation pay payable with respect to the 4 work weeks before the general public holiday = $0.
3. Total his total wages made and trip pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public holiday pay privilege is $160.
Step 2: determine premium pay
Finally, the premium pay owing to John-Duncan for his work on the general public vacation is computed:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240
John-Duncan’s premium pay entitlement is $240.
Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for a total of $400.
When an employee consents to work on a public vacation however fails to do so
If a worker has concurred digitally or in composing to deal with the general public vacation however does not do so – and does not have sensible cause for not having done so – the worker has no right to public holiday pay or to a substitute day of rest with pay.
However, if the employee has sensible cause for not working the public holiday, then privileges will depend on which of the two options listed below the staff member selected in exchange for consenting to deal with the public vacation:
– if the staff member had concurred digitally or in writing to deal with the general public holiday for routine incomes plus an alternative day off with public vacation pay, the staff member is entitled to 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 vacation pay for the holiday. The staff member is not entitled to get any exceptional pay because they did not perform any work on the holiday.
When an employee works only a few of the hours they consented to work on a public vacation
If a worker has actually agreed electronically or in composing to work on the public vacation but works just a few of the hours they consented to work, and does not have affordable cause for failing to work all of the hours, the worker is only entitled to receive superior spend for each hour worked on the vacation. The employee has no right to public vacation pay or an alternative day of rest work.
Example: A common case
Trudi had actually agreed in writing that she would work 8 hours on Canada Day but she only worked four hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled only to premium pay for the 4 hours she worked on the holiday. She is not entitled to public holiday pay or to an alternative day of rest work.
However, if the employee has affordable cause for working only a few of the hours they consented to work on the general public holiday, 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 agreed digitally or in composing to work on the public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour worked on the vacation.
Special guidelines for particular markets
Special guidelines use to staff members who work in the following kinds of businesses:
– hotels, motels and traveler resorts;.
– dining establishments and taverns;.
– hospitals and assisted living home;.
– constant operations (which are operations, or parts of operations, that do not stop or close more than when a week – such as an oil refinery, alarm-monitoring business or the video games part of a casino if the video games tables are open all the time).
An employee who works in any of these services can be needed to deal with a public vacation without their agreement, however just if the vacation falls on a day that the employee would usually work and the staff member is not on vacation.
If a staff member is required to work, they are entitled to either:
– their routine rate for the hours dealt with the public vacation, plus an alternative day off deal with public vacation pay;.
or.
– public vacation pay plus premium pay for each hour worked.
The company picks which of these alternatives will apply.
Note that the company’s capability to require employees to deal with a public holiday is subject to the staff member’s right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s employment contract. Note likewise that specific retail workers who work in constant operations (for example, a 24-hour corner store) can decline to work on a public holiday since of the special rules that apply to some retail employees. See the “Retail employees” chapter of this guide to learn more.
A staff member in the formerly listed organizations who is needed to deal with a public holiday that falls on their ordinary working day however stops working to do so, with reasonable cause, is entitled to:
– an alternative holiday with public holiday pay;.
or.
– public vacation spend for the vacation.
The company selects which choice will use.
A worker in any of these companies who is needed to work on a public holiday that falls on their regular working day but who fails, 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 an alternative holiday with public vacation pay;.
or.
– public holiday pay for the vacation plus premium pay for each hour worked.
The company chooses which option will use.
A worker in any of these organizations who is required to deal with a public holiday that falls on their regular working day however who stops working, without sensible cause, to work part or all of the public holiday is just entitled to receive exceptional pay for each hour dealt with the vacation (if any). The employee has no right to public holiday pay or an alternative day of rest work.
Overtime estimations when a worker gets superior pay
Any hours dealt with a public holiday that are compensated with premium pay are not included when determining whether a staff member has actually worked any overtime hours.
If employment ends
Sometimes an employee’s task comes to an end before the employee can take an alternative holiday with public vacation pay that they have earned. In this case, the company should pay the worker’s public holiday pay at the very same time it pays the employee’s last wages. This is so no matter the reason the task came to an end, whether it is because the employee gave up, was fired for good reason, or for some other reason.