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 worker can agree digitally or in composing to work on the vacation and be paid:

– public vacation pay plus premium pay for all hours dealt with the general public vacation and not get another day off (called a “alternative” vacation);.
or.

– be paid their regular wages for all hours worked on the general public holiday and receive another substitute vacation for which they need to be paid public vacation pay.

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

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

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

Regular earnings 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 a worker.

While some employers offer their employees a vacation on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the company is not required to do so under the ESA.

Performing both covered and exempt work

Some staff members carry out more than one type of work for a company. A few of this work may be covered by the public holiday part of the ESA, while another kind of work might be exempt from public holiday coverage.

If a worker carries out both sort of work, exempt and covered, they are qualified for the general public holiday entitlement with regard to a particular public vacation if at least half of the work carried out in the work week of the 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 coverage) and a dispatcher (work that is covered by the 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 holiday entitlement for Canada Day.

Getting approved for public holiday entitlements

Generally, staff members receive the public holiday entitlement unless they:

– fail without affordable cause to work all of their last frequently scheduled day of work before the general public holiday or all of their very first frequently scheduled day of work after the public vacation (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 accepted or were required to work that day.

Note: Most staff members who stop working to get approved for the public holiday entitlement are still entitled to be paid superior spend for every hour they deal with the holiday.

Qualified staff members can be full time, part-time, long-term or on term agreement. It does not matter how recently they were hired, or the number of days they worked before the general public holiday.

The “last and first rule”

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

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

Reasonable cause

A staff member is normally considered to have “affordable cause” for missing work when something beyond their control avoids the worker from working. Employees are responsible for showing that they had affordable cause for staying away from work. If they can do so, they still get approved for public holiday entitlements.

How the last and referall.us very first rule works

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

Example: When an employee takes a day of rest

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his company for approval to take off the Thursday before the general public holiday due to the fact that he has an individual visit. His company concurs. Lev’s last routinely set up work day before the holiday is now thought about to be on the Wednesday.

If Lev works his entire Wednesday shift before the vacation and his entire Tuesday shift after the holiday, or has reasonable cause for not working either of those days, he receives the paid public holiday.

Example: When an employee leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the vacation. Doris normally 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 public vacation. The employer agrees. Doris’s regularly arranged shift on the Thursday before the general public vacation 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 holiday.

Example: When a staff member is on getaway

Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last routinely arranged shift before his trip and first regularly set up shift after his vacation – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will receive the paid public vacation.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. 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 holiday.

Example: When there is no sensible cause

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

Public holiday pay

The quantity of public holiday pay to which a worker is entitled is all of the routine wages earned by the staff member in the four work weeks before the work week with the general public vacation plus all of the vacation pay payable to the employee with regard to the 4 work weeks before the work week with the general public vacation, divided by 20.

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

The quantity of holiday pay payable to include in the estimation of public vacation pay depends on whether the employee is on vacation at any time during the 4 work weeks prior to the public holiday, and the manner in which the worker is to be paid holiday pay. Please refer to the Vacation chapter for information on the various methods trip pay can be paid.

Vacation pay payable

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

If the worker is to be paid vacation pay with every pay cheque the amount of vacation pay to include in the calculation of public vacation pay will be at least 4 per cent of all of the staff member’s earnings earned throughout the four work week period. (Note that if a worker earns a higher portion of getaway pay, such as six percent of salaries, then the “holiday pay payable” will be based on that higher portion.)

If an employee is to receive their vacation pay in a lump sum on a specific date or dates, vacation pay will be consisted of in the calculation of public vacation pay just if that date or dates falls throughout the relevant four work week period.

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

The four weeks before the general 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 runs from Thursday to Wednesday. In this case, the four work weeks utilized to calculate public vacation pay are those 4 weeks counting backwards from the very first Wednesday (the last day of the company’s work week) before the work week in which the general public holiday falls.

– Week 1: Thursday, November 22 – Wednesday, November 28

– Week 2: Thursday, November 29 – Wednesday, December 5

– Week 3: Thursday, December 6 – Wednesday, December 12

– Week 4: Thursday, December 13 – Wednesday, December 19

Public holiday: Tuesday, December 25

In this example, the routine incomes made by the worker 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 calculation of public holiday pay.

Calculating public vacation pay

Iryna works 5 days a week and earns $120 a day. She worked her last routinely scheduled work day before the general public vacation and her first routinely scheduled day after the vacation. She gets her vacation pay when her vacation is taken. She was not on getaway throughout the four work weeks leading up to the general public vacation.

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

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

3. Combine her total salaries made and vacation 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 five days a week and makes $160 a day. He was on getaway for 2 of the four weeks before the general public holiday. He receives holiday pay before he takes his trip. He is paid $1,600 getaway spend for his 2 weeks of holiday. Brock worked his last regularly set up work day before the general public vacation and his very first frequently arranged work day after the vacation.

1. Calculate Brock’s overall routine wages made:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

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

3. Total his total earnings earned and getaway 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 getaway pay

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

1. Calculate Tegan’s regular earnings made:.
$ 120 each day X 3 days = $360 per 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 each week X 4 weeks = $57.60.

3. Add together her routine incomes earned and getaway pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

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

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

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

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

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

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

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

Example: When a staff member is on a leave

Zoe usually works five days a week, earning $120 a day. She gets trip 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 earnings or trip pay. She received maternity and parental take advantage of the federal Employment Insurance program, but these advantages are not thought about “incomes.”

Zoe is entitled to get public holiday spend for the general public vacations that fall throughout her leave as long as she works her last routinely set up day before her leave and her very first regularly set up day after her leave, or has sensible cause for stopping working to do so.

Zoe went on leave on June 10 and just worked 7 days throughout the 4 work weeks before the Canada Day public holiday. Her public vacation pay for Canada Day is:

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

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

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

Her public vacation spend for the rest of the public vacations that fall during her leave will be $0. This is since she will not have made any wages or trip 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 normally works 5 days a week, earning $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid salaries or trip pay. He got work insurance benefits during this time, however these advantages are not considered “incomes.”

Eugene was recalled 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 regularly arranged day before the layoff and his first frequently scheduled day after the layoff, or has affordable cause for stopping working to do so.

However, since Eugene did not make any earnings or getaway pay in the four work weeks before those two public vacations, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker’s regular rate of pay. If an employee is entitled to receive premium spend for deal with a public vacation, they need to be paid 1 1/2 times their regular rate of spend for each hour worked.

For instance, Nathan’s routine 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

An alternative holiday is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public holiday spend for a substitute holiday.

An alternative vacation need to be scheduled for a day that is no later than three months after the public vacation for which it was made, or, if the worker has agreed digitally or in writing, the substitute day off can be arranged as much as 12 months after the public holiday.

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

Entitlements for public vacations

Entitlements for public holidays differ depending on such things as whether the holiday falls on a working day or a non-working day and whether the worker works on the holiday. The various privileges are set out listed below.

When a public holiday falls on a working day but the worker does not work

Most workers can get the general public vacation off and earn money public holiday pay. (Some workers 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 a staff member’s non-working day or throughout an employee’s trip

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

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

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

When a worker who receives the day of rest has actually agreed electronically or in writing to deal with a public holiday

Most staff members can get the general public vacation off and earn money public vacation pay. However, if an employee concurs digitally or in writing to deal with the public holiday, there are 2 choices:

– the staff member is entitled to get routine salaries for all hours dealt with the general public vacation, plus a substitute day off deal with public holiday pay;.
or.

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

Example: Calculating public holiday pay plus premium pay

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

John-Duncan frequently 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 4 work weeks before the public vacation. He works 8 hours on the public holiday. He gets his trip pay when his vacation is taken. He was not on getaway throughout the four work weeks leading up to the public holiday

Step 1: compute public vacation pay:

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

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

3. Total his overall incomes earned and trip pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: determine superior pay

Finally, the premium pay owing to John-Duncan for his deal with 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 vacation pay of $160 and premium pay of $240, for an overall of $400.

When a worker accepts deal with a public holiday but stops working to do so

If an employee has actually concurred digitally or in composing to deal with the general public vacation but does refrain from doing so – and does not have reasonable cause for not having actually done so – the worker has no right to public vacation pay or to an alternative day off with pay.

However, if the staff member has reasonable cause for not working the general public vacation, then privileges will depend on which of the 2 alternatives below the staff member picked in exchange for consenting to deal with the public holiday:

– if the staff member had concurred digitally or in writing to deal with the general public holiday for routine earnings plus an alternative day off with public vacation pay, the worker is entitled to a substitute day off deal with public vacation pay;.
or.

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

When a worker works just some of the hours they agreed to work on a public vacation

If a worker has actually concurred electronically or in composing to work on the public holiday however works only a few of the hours they consented to work, and does not have sensible cause for stopping working 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 typical case

Trudi had agreed in composing that she would work eight hours on Canada Day however she just worked 4 hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled only to premium pay for the four hours she dealt with the vacation. She is not entitled to public holiday pay or to a substitute day off work.

However, if the employee has reasonable cause for working just some of the hours they accepted deal with the public vacation, then:

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

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

Special rules for particular markets

Special rules use to workers who work in the list below kinds of organizations:

– hotels, motels and tourist resorts;.

– restaurants and taverns;.

– hospitals and nursing homes;.

– 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 company 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 businesses can be required to deal with a public vacation without their arrangement, but just if the vacation falls on a day that the employee would normally work and the staff member is not on getaway.

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 a substitute day of rest deal with public holiday pay;.
or.

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

The employer chooses which of these options will use.

Note that the employer’s capability to require workers to deal with a public holiday goes through the employee’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the worker’s work agreement. Note likewise that particular retail workers who work in continuous operations (for example, a 24-hour benefit store) can decline to work on a public holiday because of the unique guidelines that apply to some retail workers. See the “Retail workers” chapter of this guide for more details.

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

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

– public vacation spend for the holiday.

The employer selects which alternative will apply.

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

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

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

The company picks which choice will use.

A staff member in any of these organizations who is required to work on a public holiday that falls on their common working day however who fails, without affordable cause, to work part or all of the general public holiday is just entitled to get superior spend for each hour dealt with the vacation (if any). The worker has no right to public vacation pay or a substitute day of rest work.

Overtime calculations when an employee receives exceptional pay

Any hours worked on a public holiday that are compensated with exceptional pay are not consisted of when determining whether a staff member has actually worked any overtime hours.

If employment ends

Sometimes a worker’s task concerns an end before the staff member can take a replacement holiday with public holiday pay that they have earned. In this case, the company should pay the employee’s public vacation pay at the exact same time it pays the employee’s final wages. This is so regardless of the reason the task concerned an end, whether it is due to the fact that the worker gave up, was fired for excellent reason, or for some other reason.