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Qualified Employees can Be Full-time

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

Alternatively, the staff member can agree digitally or in composing to work on the holiday and be paid:

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

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

Some workers might be needed to work on a public vacation. (See “Special rules for certain markets” later in this Chapter.) While many staff members are eligible for the public holiday privilege, some employees work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To determine whether a job is covered, or if special guidelines use, please refer to the Guide to employment standards unique rules and exemptions.

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

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

Regular wages 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 project pay payable to an employee.

While some companies give their employees a vacation 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 type of work for a company. A few of this work might be covered by the public holiday part of the ESA, while another sort of work may be exempt from public holiday protection.

If a worker carries out both kinds of work, exempt and covered, they are eligible for the public holiday privilege with respect to a specific public holiday if at least 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 cab motorist (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, at least 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 general public vacation privilege for Canada Day.

Receiving public holiday privileges

Generally, staff members receive the public vacation privilege unless they:

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

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

Note: Most workers who fail to qualify for the public holiday entitlement are still entitled to be paid premium pay for every hour they deal with the vacation.

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

The “last and first rule”

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

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

Reasonable cause

A staff member is generally considered to have “affordable cause” for missing work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had sensible cause for staying away from work. If they can do so, they still certify for public holiday privileges.

How the last and first rule works

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

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev’s workplace closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his company for approval to remove the Thursday before the general public holiday since he has a personal appointment. His employer concurs. Lev’s last routinely scheduled 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 whole 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 a staff member leaves early

A public vacation falls on a Friday, and Doris’s office is closed for the holiday. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the public holiday. The employer agrees. Doris’s regularly set up 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 reasonable cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When an employee is on holiday

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

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last routinely scheduled day of work before her leave, and her first routinely set up 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 holiday falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not work on her last scheduled day before the vacation, and she does not have affordable cause for missing out on that day. She receives no pay for the vacation.

Public vacation pay

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

When to consist of trip pay in the calculation of public holiday pay

The quantity of trip pay payable to consist of in the calculation of public vacation pay depends upon whether the staff member is on getaway at any time throughout the four work weeks prior to the general public vacation, and the way in which the staff member is to be paid getaway pay. Please describe the Vacation chapter for info on the various ways trip pay can be paid.

Vacation pay payable

If the worker is to be paid their vacation pay before they take a getaway or on or before the pay day for the duration in which the holiday falls, vacation pay will be consisted of in the calculation of public vacation pay if the worker was on getaway during that 4 work week duration. If the worker was not on vacation throughout that period, no holiday pay will be included in the calculation.

If the worker is to be paid trip pay with every pay cheque the quantity of trip pay to include in the estimation of public vacation pay will be at least 4 per cent of all of the staff member’s incomes made throughout the 4 work week duration. (Note that if an employee earns a higher percentage of vacation pay, such as six percent of salaries, then the “getaway pay payable” will be based on that higher portion.)

If a worker is to get their trip pay in a lump amount on a particular date or dates, trip pay will be consisted of in the estimation of public vacation pay just if that date or dates falls throughout the appropriate four work week duration.

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

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

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week ranges from Thursday to Wednesday. In this case, the 4 work weeks utilized to calculate public vacation pay are those four weeks counting in reverse from the first Wednesday (the last day of the company’s work week) before the work week in which the 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 holiday: Tuesday, December 25

In this example, the regular incomes made by the staff member and the getaway pay payable to the staff member with regard to the four work weeks from November 22 to December 19 are utilized in the computation of public vacation pay.

Calculating public vacation pay

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

1. Calculate Iryna’s total regular wages earned:
$ 120 each 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 four work weeks before the public vacation.

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

3. Combine her overall earnings earned and trip 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 trip time is included

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

1. Calculate Brock’s overall regular wages 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 holiday, and is paid holiday pay before he takes his getaway. The amount of getaway pay payable with respect to the four work weeks prior to the work week with the general public vacation = $1,600.

3. Combine his overall wages made 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 holiday pay.

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

Tegan works 3 days a week and makes $120 a day. She worked her last frequently arranged work day before the general public holiday and her first frequently set up day after the vacation. She and her company have concurred in composing that she will receive 4 percent vacation pay on each paycheque.

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

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

3. Total her routine wages earned and trip 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 vacation 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 each day or days per week. Her pay differs from week to week, according to the time she has actually worked. She and her employer have agreed in composing that she will receive 4 per cent trip pay on each pay cheque.

1. Bertie’s routine wages earned 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 routine salaries 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 vacation pay.

Example: When an employee is on a leave

Zoe usually works 5 days a week, earning $120 a day. She gets holiday pay before she goes on holiday. 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 incomes or trip pay. She got maternity and parental take advantage of the federal Employment Insurance program, however these advantages are ruled out “salaries.”

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

Zoe went on leave on June 10 and only worked seven days during the 4 work weeks before the Canada Day public vacation. 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 getaway during the 4 work week duration).

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

Her public vacation pay for the remainder of the public vacations that fall throughout her leave will be $0. This is since she will not have earned any earnings or trip pay on any of the days during the 4 work weeks before each of those vacations.

Example: When a worker is on a layoff

Eugene usually works five days a week, making $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid salaries or trip pay. He got work insurance coverage benefits during this time, but these advantages are ruled out “incomes.”

Eugene was recalled to deal with December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last regularly set up day before the layoff and his very first regularly set up day after the layoff, or has sensible cause for failing to do so.

However, since Eugene did not make any wages or vacation pay in the 4 work weeks before those two public vacations, 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 exceptional spend for deal with a public holiday, they should be paid 1 1/2 times their routine rate of pay for each hour worked.

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

Substitute vacation

A substitute holiday is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public vacation spend for a substitute vacation.

A replacement holiday need to be scheduled for a day that is no later than 3 months after the public holiday for which it was earned, or, if the employee has agreed electronically or in writing, the substitute day off can be scheduled as much as 12 months after the public vacation.

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

Entitlements for public vacations

Entitlements for public vacations differ depending on such things as whether the vacation falls on a working day or a non-working day and whether the staff member works on the vacation. 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 deserve to get the public vacation off and earn money public vacation pay. (Some employees may be required to deal with a public vacation. See “Special guidelines for particular markets” later in this chapter.)

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

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

– a substitute holiday off with public holiday pay;.
or.

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

When a worker who gets approved for the day of rest has concurred electronically or in composing to deal with a public holiday

Most staff members have the right to get the general public vacation off and earn money public holiday pay. However, if an employee agrees electronically or in writing to work on the public vacation, there are 2 alternatives:

– the worker is entitled to receive routine incomes for all hours worked on the general public vacation, plus a substitute day off deal with public holiday pay;.
or.

– if the worker agrees electronically or in composing, they are entitled to public holiday spend for the general public holiday plus premium spend for all hours dealt with the public vacation. In this case, the worker will not be given an alternative day off.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan regularly works eight hours a day, five days a week. His regular per hour pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public vacation. He works 8 hours on the public vacation. He gets his vacation pay when his vacation is taken. He was not on trip during the 4 work weeks leading up to the public vacation

Step 1: compute public holiday pay:

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

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

3. Total his overall wages earned and holiday 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 superior pay

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

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

Result: John-Duncan is entitled to public vacation pay of $160 and superior pay of $240, for a total of $400.

When a staff member consents to work on a public vacation but fails to do so

If a staff member has agreed digitally or in composing to work on the general public vacation however does not do so – and does not have reasonable cause for not having done so – the employee has no right to public holiday pay or to a substitute day off with pay.

However, if the employee has sensible cause for not working the general public vacation, then entitlements will depend upon which of the two options below the employee picked in exchange for concurring to work on the general public vacation:

– if the worker had concurred electronically or in composing to work on the general public holiday for regular salaries plus a substitute day of rest with public holiday pay, the staff member is entitled to an alternative day of rest work with public holiday pay;.
or.

– if the staff member had actually agreed 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 spend for the vacation. The employee is not entitled to get any superior pay because they did not carry out any work on the holiday.

When an employee works just a few of the hours they concurred to work on a public holiday

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

Example: A normal case

Trudi had actually concurred in composing that she would work 8 hours on Canada Day but she only worked four hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled just to premium pay for the four hours she worked on the holiday. She is not entitled to public holiday pay or to an alternative day off work.

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

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

– if the employee had concurred digitally or in composing to work on the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour dealt with the vacation.

Special rules for specific markets

Special guidelines use to employees who work in the list below types of businesses:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– health centers and assisted living home;.

– 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).

An employee who works in any of these companies can be required to work on a public vacation without their contract, but just if the vacation falls on a day that the staff member would usually work and the employee is not on trip.

If an employee is required to work, they are entitled to either:

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

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

The company picks which of these options will use.

Note that the company’s capability to require employees to deal with a public holiday undergoes the worker’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note likewise that particular retail employees who work in continuous operations (for instance, a 24-hour corner store) can decline to work on a public holiday because of the unique guidelines that use to some retail employees. See the “Retail employees” chapter of this guide for more details.

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

– a substitute holiday with public vacation pay;.
or.

– public vacation pay for the vacation.

The employer chooses which option will apply.

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

– their routine rate for each hour worked on the vacation plus a with public holiday pay;.
or.

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

The employer chooses which choice will apply.

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

Overtime computations when a staff member gets superior pay

Any hours worked on a public holiday that are compensated with exceptional pay are not consisted of when figuring out whether an employee has actually worked any overtime hours.

If employment ends

Sometimes an employee’s task pertains to an end before the worker can take a substitute vacation with public holiday pay that they have made. In this case, the company must pay the staff member’s public vacation pay at the very same time it pays the worker’s last earnings. This is so regardless of the reason the task pertained to an end, whether it is because the employee stopped, was fired for good factor, or for some other factor.