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 employee can agree electronically or in composing to work on the holiday 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 “replacement” holiday);.
or.

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

Some workers might be required to work on a public holiday. (See “Special rules for particular markets” later on in this Chapter.) While many workers are eligible for the general public holiday privilege, some staff members work in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if unique rules apply, please refer to the Guide to work requirements special guidelines and exemptions.

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

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

Regular salaries does not consist of any overtime pay, holiday pay, public holiday 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 provide 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 staff members perform more than one sort of work for an employer. Some of this work may be covered by the public holiday part of the ESA, while another sort of work may be exempt from public vacation coverage.

If a worker carries out both type of work, exempt and covered, they are qualified for the general public vacation privilege with regard to a particular public holiday if a minimum of half of the work performed in the work week of the general public holiday is work that is covered.

Rupert works for a taxi company as both a taxi cab motorist (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 holiday part of the ESA, he is eligible for the general public vacation entitlement for Canada Day.

Getting approved for public vacation entitlements

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

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

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

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

Qualified workers can be complete time, part-time, irreversible or on term contract. It does not matter how just recently they were hired, or how lots of days they worked before the general public holiday.

The “last and very first guideline”

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

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

Reasonable cause

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

How the last and first rule works

Rosie’s routine 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 holiday and the Tuesday after the holiday, or has sensible 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 vacation falls on a Monday, and Lev’s office shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his employer for permission to remove the Thursday before the public holiday due to the fact that he has a personal consultation. His employer concurs. Lev’s last regularly scheduled work day before the vacation is now thought about to be on the Wednesday.

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

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the vacation. Doris generally 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 frequently set up 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 affordable cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When an employee is on getaway

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

Example: job 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 frequently arranged day of work before her leave, and her first routinely arranged 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 affordable cause

A public vacation falls on a Monday, and Ellen’s work environment is closed for the vacation. Ellen does not work on her last scheduled day before the holiday, and she does not have reasonable cause for missing that day. She gets no pay for the holiday.

Public holiday pay

The quantity of public holiday pay to which a worker is entitled is all of the regular earnings earned by the worker in the 4 work weeks before the work week with the public vacation plus all of the holiday pay payable to the employee with respect to the four work weeks before the work week with the public vacation, divided by 20.

When to consist of trip pay in the computation of public vacation pay

The quantity of trip pay payable to consist of in the computation of public vacation pay depends on whether the worker is on getaway at any time throughout the 4 work weeks prior to the public holiday, and the way in which the worker is to be paid getaway pay. Please refer to the Vacation chapter for details on the different methods getaway pay can be paid.

Vacation pay payable

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

If the employee is to be paid holiday pay with every pay cheque the amount of vacation pay to include in the computation of public vacation pay will be at least 4 per cent of all of the employee’s incomes earned during the 4 work week period. (Note that if an employee makes a higher percentage of getaway pay, such as six percent of earnings, then the “vacation pay payable” will be based on that higher percentage.)

If a worker is to receive their vacation pay in a swelling sum on a particular date or dates, holiday pay will be consisted of in the calculation of public holiday pay just if that date or dates falls during the pertinent four work week duration.

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

The 4 weeks before the general public holiday is based on the employer’s work week and is not necessarily 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 utilized to compute public holiday pay are those four weeks counting backwards from the first Wednesday (the last day of the employer’s work week) before the work week in which the 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 vacation pay payable to the worker with regard to the 4 work weeks from November 22 to December 19 are used in the computation of public vacation pay.

Calculating public holiday pay

Iryna works 5 days a week and makes $120 a day. She worked her last frequently scheduled work day before the public vacation and her first regularly scheduled day after the holiday. She receives her getaway pay when her trip is taken. She was not on holiday during the four work weeks leading up to the public holiday.

1. Calculate Iryna’s overall 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 regular wages in the 4 work weeks before the general public vacation.

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

3. Combine her overall salaries made and holiday 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 holiday for two of the four weeks before the public holiday. He gets trip pay before he takes his holiday. He is paid $1,600 vacation pay for his 2 weeks of holiday. Brock worked his last routinely set up work day before the public vacation and his very first routinely scheduled work day after the holiday.

1. Calculate Brock’s total routine earnings earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Total his total incomes made and vacation payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public vacation pay.

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

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

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

3. Total her routine incomes made and holiday 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 includes trip pay

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

1. Bertie’s routine salaries earned throughout the 4 work weeks before the holiday are $1,500.

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

3. Combine her routine earnings made and trip pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When a staff member is on a leave

Zoe usually works five days a week, earning $120 a day. She receives trip 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, she was not paid earnings or vacation pay. She got maternity and adult advantages from the federal Employment Insurance program, but these advantages are not thought about “wages.”

Zoe is entitled to receive public vacation pay for the general public vacations that fall during her leave as long as she works her last frequently scheduled day before her leave and her first frequently scheduled day after her leave, or has reasonable cause for stopping working to do so.

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

– Regular wages 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 vacation pay.

Her public vacation pay for the remainder of the public holidays that fall throughout her leave will be $0. This is because she will not have made any salaries or vacation pay on any of the days throughout the four work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene typically works five days a week, earning $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid salaries or vacation pay. He got employment insurance benefits throughout this time, however these benefits are ruled out “earnings.”

Eugene was recalled to deal with December 27. He is entitled to be paid public holiday spend for Christmas Day and Boxing Day as long as he works his last frequently set up day before the layoff and his first regularly 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 make any incomes or getaway pay in the four work weeks before those 2 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 routine rate of pay. If an employee is entitled to get exceptional spend for deal with a public vacation, they should be paid 1 1/2 times their regular rate of pay 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 holiday

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

An alternative holiday need to be arranged for a day that is no behind three months after the public vacation for which it was made, or, if the worker has actually concurred digitally or in composing, the alternative day of rest can be scheduled approximately 12 months after the public vacation.

If a staff member receives an alternative vacation, the company must offer the staff member with a composed statement that sets out the public vacation that is being replaced, the date of the substitute holiday, and the date that the statement was provided to the staff member. This statement needs to be supplied to the worker before the public vacation.

Entitlements for public vacations

Entitlements for public holidays differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the staff member deals with the vacation. The various privileges are set out below.

When a public holiday falls on a working day however the staff member 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 vacation. See “Special guidelines for specific industries” later in this chapter.)

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

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

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

– public vacation spend for the 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 an employee who gets approved for the day off has agreed electronically or in composing to work on a public vacation

Most workers deserve to get the public vacation off and get paid public holiday pay. However, if a worker concurs digitally or in composing to deal with the public vacation, there are two options:

– the employee is entitled to get regular wages for all hours dealt with the public vacation, plus a substitute day of rest work with public vacation pay;.
or.

– if the staff member concurs electronically or in writing, they are entitled to public vacation pay for the public holiday plus premium pay for job all hours worked on the public vacation. In this case, the employee will not be provided a substitute day off.

Example: Calculating public holiday pay plus premium pay

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

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

Step 1: determine public holiday pay:

1. Calculate John-Duncan’s overall routine salaries made in the four work weeks before the general public vacation:
8 hours daily X $20 per hour = $160 per day
$ 160 each day X 5 days = $800 weekly
$ 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 trip pay payable with respect to the four work week period:.
John-Duncan receives his getaway pay when he takes his holiday. Because he was not on holiday during the four work week period, the quantity of getaway pay payable with respect to the 4 work weeks before the public vacation = $0.

3. Total his total salaries earned and vacation pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: compute exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with 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 holiday pay of $160 and superior pay of $240, for a total of $400.

When a staff member consents to work on a public vacation however stops working to do so

If a worker has actually concurred digitally or in composing to work on the general public holiday however does refrain from doing so – and does not have affordable cause for job not having done so – the worker has no right to public holiday pay or to an alternative day off with pay.

However, if the worker has sensible cause for not working the public holiday, then entitlements will depend on which of the 2 choices listed below the worker selected in exchange for accepting work on the public holiday:

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

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

When a staff member works only a few of the hours they accepted deal with a public vacation

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

Example: A typical case

Trudi had actually concurred in composing that she would work eight hours on Canada Day but she just worked four hours and did not have reasonable cause for failing to work the other 4 hours. Trudi is entitled just to premium spend for the four hours she worked on the holiday. She is not entitled to pay or to a substitute day of rest work.

However, if the employee has affordable cause for working just some of the hours they agreed to work on the general public holiday, then:

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

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

Special rules for particular industries

Special guidelines apply to employees who work in the list below kinds of businesses:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– healthcare facilities and nursing homes;.

– continuous operations (which are operations, or job parts of operations, that do not stop or close more than once 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 all the time).

A staff member who operates in any of these services can be required to deal with a public holiday without their arrangement, however just if the vacation falls on a day that the staff member would usually work and the staff member is not on holiday.

If a staff member is required to work, job they are entitled to either:

– their regular rate for the hours worked on the general public vacation, plus an alternative day of rest deal with public vacation pay;.
or.

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

The employer picks which of these options will use.

Note that the employer’s ability to require staff members to deal with a public holiday goes through the employee’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 work contract. Note likewise that certain retail workers who work in continuous operations (for example, a 24-hour convenience store) deserve to decline to work on a public vacation since of the unique rules that apply to some retail employees. See the “Retail employees” chapter of this guide to find out more.

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

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

– public holiday pay for the vacation.

The employer chooses which choice will use.

A worker in any of these organizations who is required to work on a public holiday that falls on their regular working day however who stops working, 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 replacement vacation with public holiday pay;.
or.

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

The company picks which alternative will apply.

A worker in any of these companies who is needed to work on a public holiday that falls on their normal working day but who stops working, without reasonable cause, to work part or all of the general public holiday is just entitled to get exceptional pay for each hour dealt with the holiday (if any). The staff member has no right to public holiday pay or a substitute day off work.

Overtime computations when an employee receives premium pay

Any hours dealt with a public vacation that are compensated with exceptional pay are not included when determining whether an employee has actually worked any overtime hours.

If employment ends

Sometimes a worker’s job comes to an end before the worker can take a substitute holiday with public vacation pay that they have actually made. In this case, the employer must pay the employee’s public vacation pay at the exact same time it pays the employee’s final earnings. This is so no matter the factor the job concerned an end, whether it is because the staff member stopped, was fired for excellent reason, or for some other reason.