Qualified Employees can Be Full Time

Most workers who certify are entitled to take nowadays off work and be paid public holiday pay.

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

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

– be paid their routine incomes for all hours worked on the general public holiday and get another alternative vacation for which they need to be paid public vacation pay.

Some staff members may be needed to work on a public holiday. (See « Special guidelines for specific industries » later on in this Chapter.) While a lot of employees are qualified for the public vacation privilege, some staff members work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To figure out whether a task is covered, or if unique guidelines apply, please describe the Guide to work requirements unique rules and exemptions.

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

See « Public holiday pay » later in this chapter.

Regular salaries does not include any overtime pay, vacation pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of assignment pay payable to a staff member.

While some companies give their employees a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not needed to do so under the ESA.

Performing both covered and exempt work

Some staff members 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 sort of work may be exempt from public holiday coverage.

If an employee performs both type of work, exempt and covered, they are eligible for the general public holiday entitlement with respect to a particular public holiday if at least half of the work carried out in the work week of the 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 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 qualified for the public holiday privilege for Canada Day.

Qualifying for public holiday privileges

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

– stop working without affordable cause to work all of their last frequently 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 reasonable cause to work their entire shift on the public vacation if they agreed to or were required to work that day.

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

Qualified workers can be full time, part-time, long-term or on term contract. It does not matter how just recently they were worked with, or the number of 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 arranged day of work after the general public holiday » do not need to be the days right in the past and right after the vacation.

For instance, a staff member may not be scheduled to work the day right before or after the vacation. As long as the employee works all of their last frequently arranged shift before the vacation and all of the very first one after it, or has reasonable cause for not working either of those days, they meet this certifying requirement.

Reasonable cause

A staff member is typically considered to have « sensible cause » for missing work when something beyond their control prevents the employee from working. Employees are accountable for revealing that they had affordable cause for keeping away from work. If they can do so, they still qualify for public vacation entitlements.

How the last and first rule works

Rosie’s regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s office shuts down for that day. If Rosie works the whole shift on the Thursday before the holiday and the Tuesday after the vacation, or has affordable cause for failing to work either of those days, she qualifies to be spent for the vacation.

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev’s office shuts down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for approval to take off the Thursday before the general public holiday due to the fact that he has a personal visit. His employer concurs. Lev’s last frequently scheduled work day before the holiday is now considered to be on the Wednesday.

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

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the holiday. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the general public holiday. The employer concurs. Doris’s frequently arranged shift on the Thursday before the general public vacation is now considered to be from 9 a.m. to 3 p.m.

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

Example: When a staff member is on holiday

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently scheduled shift before his vacation and first frequently set up shift after his holiday – 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 vacation happens. If Lydia works her last routinely arranged day of work before her leave, and her very first regularly scheduled day of work after her leave, or has reasonable cause for stopping working 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 vacation, and she does not have sensible cause for missing that day. She gets no pay for the vacation.

Public holiday pay

The quantity of public holiday pay to which a staff member is entitled is all of the routine salaries earned by the staff member in the four work weeks before the work week with the general public holiday plus all of the trip pay payable to the employee with respect to the four work weeks before the work week with the public holiday, divided by 20.

When to include getaway pay in the calculation of public holiday pay

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

Vacation pay payable

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

If the staff member is to be paid vacation pay with every pay cheque the amount of vacation pay to include in the estimation of public holiday pay will be at least four per cent of all of the staff member’s salaries made throughout the 4 work week duration. (Note that if a staff member earns a greater percentage of trip pay, such as six percent of salaries, referall.us then the « trip pay payable » will be based on that greater portion.)

If a worker is to get their trip pay in a lump sum on a specific date or dates, vacation pay will be included in the computation of public vacation pay only if that date or dates falls throughout the relevant 4 work week duration.

Calculating the four work week period before the work week with a public holiday

The four weeks before the general public vacation 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 4 work weeks used to determine public vacation pay are those four weeks counting in reverse from the very first Wednesday (the last day of the company’s work week) before the work week in which the general public 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 respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public vacation pay.

Calculating public vacation pay

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

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

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

3. Total her overall incomes earned and vacation 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: When getaway time is involved

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

1. Calculate Brock’s total regular salaries made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Total his total salaries 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 holiday pay.

Example: When a worker works part-time and each pay cheque consists of holiday pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely scheduled work day before the general public holiday and her first routinely set up day after the vacation. She and her company have actually agreed in writing that she will get 4 percent holiday pay on each paycheque.

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

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

3. Add together her routine wages made and holiday 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 includes getaway pay

Bertie does not work a set number of hours each day or days each week. Her pay varies from week to week, according to the time she has worked. She and her company have actually concurred in writing that she will receive four percent getaway pay on each pay cheque.

1. Bertie’s regular incomes made during the four work weeks before the holiday are $1,500.

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

3. Add together her regular salaries made and getaway pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When a worker is on a leave

Zoe generally works 5 days a week, making $120 a day. She receives vacation pay before she goes on getaway. 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 earnings or vacation pay. She received maternity and parental advantages from the federal Employment Insurance program, however these are ruled out « wages. »

Zoe is entitled to get public holiday pay for the public holidays that fall throughout her leave as long as she works her last regularly arranged 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 7 days throughout the four work weeks before the Canada Day public holiday. Her public holiday spend for Canada Day is:

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

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

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

Her public vacation pay for the rest of the public vacations that fall throughout her leave will be $0. This is due to the fact that she will not have actually made any earnings or vacation pay on any of the days during the four work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene generally works five days a week, making $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid earnings or trip pay. He received employment insurance advantages throughout this time, but these benefits are ruled out « incomes. »

Eugene was remembered to work on December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last frequently arranged day before the layoff and his very first frequently set up day after the layoff, or has affordable cause for stopping working to do so.

However, due to the fact that Eugene did not earn any earnings or trip pay in the 4 work weeks before those two public holidays, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times an employee’s routine rate of pay. If a staff member is entitled to receive superior spend for work on a public holiday, they should be paid 1 1/2 times their regular rate of spend for each hour worked.

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

Substitute holiday

An alternative holiday is another working day off work that is designated to change a public holiday. Employees are entitled to be paid public vacation pay for a substitute holiday.

A substitute holiday need to be set up for a day that is no behind three months after the public holiday for which it was made, or, if the worker has concurred electronically or in composing, the alternative day of rest can be scheduled as much as 12 months after the public holiday.

If an employee receives an alternative holiday, the company should provide the employee with a written declaration that sets out the general public holiday that is being substituted, the date of the alternative holiday, and the date that the declaration was offered to the staff member. This statement should be offered to the staff member before the public vacation.

Entitlements for public holidays

Entitlements for public vacations differ depending on such things as whether the holiday falls on a working day or a non-working day and whether the staff member works on the holiday. The various entitlements are set out below.

When a public holiday falls on a working day however the employee does not work

Most employees deserve to get the public holiday off and make money public vacation pay. (Some staff members might be required to work on a public holiday. See « Special rules for specific industries » later in this chapter.)

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

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

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

– public holiday pay for the general public vacation, if the staff member agrees to this digitally or in writing (in this case, the staff member will not be offered an alternative day of rest).

When a staff member who receives the day off has actually agreed electronically or in composing to work on a public vacation

Most staff members can get the public holiday off and earn money public vacation pay. However, if a worker agrees electronically or in writing to deal with the general public vacation, there are 2 choices:

– the employee is entitled to get routine salaries for all hours worked on the public vacation, plus a substitute day of rest deal with public holiday pay;.
or.

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

Example: Calculating public holiday pay plus premium pay

A public vacation falls on one of John-Duncan’s typical working days. He and his employer have actually agreed digitally or in writing that he will deal with the public holiday which, rather of getting a substitute vacation, he will be paid public holiday pay plus premium spend for all the hours he deals with the holiday.

John-Duncan routinely works 8 hours a day, 5 days a week. His routine per hour pay rate is $20. He has dealt with all his scheduled work days in the four work weeks before the public vacation. He works 8 hours on the public holiday. He receives his holiday pay when his getaway is taken. He was not on holiday throughout the 4 work weeks leading up to the public holiday

Step 1: compute public vacation pay:

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

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 holiday. Because he was not on holiday during the four work week duration, somalibidders.com the amount of vacation pay payable with regard to the 4 work weeks before the public vacation = $0.

3. Combine his overall incomes made and vacation pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: compute exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with the 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 a total of $400.

When an employee accepts work on a public vacation however stops working to do so

If an employee has concurred electronically or in composing to deal with the general public vacation but does not do so – and does not have affordable cause for not having actually done so – the staff member has no right to public holiday pay or to a substitute day of rest with pay.

However, if the staff member has reasonable cause for not working the public vacation, then entitlements will depend on which of the two options listed below the employee selected in exchange for accepting work on the general public holiday:

– if the employee had actually concurred digitally or in composing to work on the public holiday for routine wages plus a substitute day of rest with public holiday pay, the employee is entitled to an alternative day off work with public holiday pay;.
or.

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

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 work on the public vacation but works just some of the hours they accepted work, and does not have reasonable cause for failing to work all of the hours, the staff member is just entitled to get exceptional pay for each hour worked on the vacation. The employee has no right to public vacation pay or a substitute day off work.

Example: A common case

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

However, if the staff member has reasonable cause for working only a few of the hours they agreed to work on the public vacation, then:

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

– if the worker had actually agreed electronically or in writing 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 dealt with the holiday.

Special rules for particular industries

Special guidelines use to employees who work in the following kinds of services:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– healthcare facilities and assisted living home;.

– continuous 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 company or the video games part of a gambling establishment if the video games tables are open all the time).

A staff member who works in any of these services can be required to deal with a public vacation without their contract, but just if the vacation falls on a day that the staff member would typically work and the staff member is not on trip.

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

– their regular rate for the hours dealt with the general public vacation, plus an alternative day off work with public holiday pay;.
or.

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

The employer picks which of these options will apply.

Note that the company’s capability to need workers to work on a public holiday 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 worker’s employment agreement. Note also that specific retail workers who operate in continuous operations (for instance, a 24-hour convenience store) can refuse to work on a public vacation since of the special guidelines that apply to some retail workers. See the « Retail workers » chapter of this guide to find out more.

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

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

– public holiday spend for the vacation.

The company chooses which choice will use.

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

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

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

The employer selects which alternative will apply.

A staff member in any of these companies who is required to work on a public holiday that falls on their regular working day but who fails, without affordable cause, to work part or all of the general public holiday is only entitled to receive exceptional pay for each hour dealt with the holiday (if any). The worker has no right to public holiday pay or a substitute day of rest work.

Overtime computations when a worker gets premium pay

Any hours worked on a public vacation that are compensated with exceptional pay are not consisted of when figuring out whether a staff member has worked any overtime hours.

If employment ends

Sometimes a staff member’s job comes to an end before the staff member can take an alternative holiday with public vacation pay that they have actually earned. In this case, the employer should pay the employee’s public holiday pay at the exact same time it pays the staff member’s final salaries. This is so regardless of the factor the job pertained to an end, whether it is because the employee quit, was fired for great reason, or for some other reason.