Qualified Employees can Be Full-time

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

Alternatively, the employee can concur electronically or in writing to deal with the vacation and be paid:

– public vacation pay plus premium pay for all hours worked on the public holiday and not receive another day off (called a “alternative” holiday);.
or.

– be paid their regular salaries for all hours dealt with the public vacation and receive another alternative holiday for which they need to be paid public vacation pay.

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

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

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

Regular wages does not consist of any overtime pay, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to a staff member.

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 required to do so under the ESA.

Performing both covered and exempt work

Some employees perform more than one sort of work for a company. Some of this work might be covered by the public vacation part of the ESA, while another type of work may be exempt from public vacation protection.

If a staff member performs both type of work, exempt and covered, they are qualified for the general public vacation entitlement with regard to a particular public vacation if at least half of the work carried out in the work week of the general public vacation 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 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 public vacation privilege for Canada Day.

Receiving public vacation privileges

Generally, workers receive the public vacation privilege unless they:

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

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

Note: Most staff members who stop working to qualify for the public vacation privilege are still entitled to be paid superior pay for every hour they deal with the holiday.

Qualified employees can be full time, part-time, irreversible or on term agreement. It does not matter how just recently they were employed, or the number of days they worked before the general public holiday.

The “last and first guideline”

The “last regularly arranged day of work before the public holiday” and the “very first regularly 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 staff member might not be arranged to work the day right before or after the holiday. As long as the staff member works all of their last routinely scheduled shift before the holiday and all of the first one after it, or has affordable cause for not working either of those days, they meet this certifying requirement.

Reasonable cause

A staff member is normally thought about to have “reasonable cause” for missing work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had affordable cause for staying away from work. If they can do so, they still receive public vacation entitlements.

How the last and very first guideline 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 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 holiday.

Example: When an employee takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his company for permission to remove the Thursday before the general public vacation due to the fact that he has an individual consultation. His employer concurs. Lev’s last routinely scheduled work day before the holiday is now thought about to be on the Wednesday.

If Lev works his whole Wednesday shift before the holiday and his entire 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 an employee leaves early

A public vacation falls on a Friday, and Doris’s workplace is closed for the vacation. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the general public vacation. The company agrees. Doris’s regularly arranged shift on the Thursday before the public holiday 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 failing to do so, she is entitled to the paid public vacation.

Example: When a worker 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 frequently arranged shift before his holiday and very first regularly scheduled shift after his vacation – on June 24 and July 10 – or has sensible cause for stopping working to do so, he will get approved for the paid public holiday.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last frequently arranged day of work before her leave, and her very first frequently scheduled day of work after her leave, or has sensible cause for stopping working to do so, she will be entitled to the paid public holiday.

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 work on her last scheduled day before the holiday, and she does not have affordable cause for missing out on that day. She receives no spend for the vacation.

Public vacation pay

The amount of public holiday pay to which an employee is entitled is all of the routine earnings made 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 four work weeks before the work week with the general public vacation, divided by 20.

When to include trip pay in the estimation of public vacation pay

The amount of getaway pay payable to consist of in the calculation of public holiday pay depends upon whether the employee is on at any time throughout the 4 work weeks prior to the general public vacation, and the way in which the worker is to be paid getaway pay. Please describe the Vacation chapter for details on the different ways holiday pay can be paid.

Vacation pay payable

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

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

If an employee is to get their vacation pay in a lump sum on a specific date or dates, holiday pay will be included in the estimation of public holiday pay only if that date or dates falls throughout the pertinent 4 work week period.

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

The four weeks before the general public vacation is based upon the company’s work week and is not necessarily 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 four work weeks utilized to determine public vacation pay are those four weeks counting in reverse from the very first Wednesday (the last day of the employer’s work week) before the work week in which the general public vacation falls.

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

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

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

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

Public holiday: Tuesday, December 25

In this example, the routine incomes made by the worker and the vacation pay payable to the employee with regard to the four work weeks from November 22 to December 19 are used in the computation of public holiday pay.

Calculating public holiday pay

Iryna works 5 days a week and makes $120 a day. She worked her last routinely set up work day before the general public holiday and her first regularly scheduled day after the holiday. She gets her vacation pay when her getaway is taken. She was not on getaway during the 4 work weeks leading up to the general public vacation.

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

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

3. Total her overall salaries 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 trip for two of the 4 weeks before the public holiday. He gets holiday pay before he takes his holiday. He is paid $1,600 holiday spend for his 2 weeks of getaway. Brock worked his last regularly set up work day before the public holiday and his very first routinely set up work day after the vacation.

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

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

3. Total his total earnings made and trip payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

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

Tegan works three days a week and earns $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 vacation. She and her employer have actually concurred in writing that she will receive four percent vacation pay on each paycheque.

1. Calculate Tegan’s regular wages earned:.
$ 120 daily X 3 days = $360 per week.
$ 360 per week X 4 weeks = $1,440.

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

3. Total her regular salaries 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 each day or days per week. Her pay varies from week to week, according to the time she has worked. She and her employer have actually agreed in writing that she will get 4 percent getaway pay on each pay cheque.

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

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

3. Add together her regular wages earned and holiday 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, earning $120 a day. She gets holiday 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 wages or trip pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these advantages are not thought about “earnings.”

Zoe is entitled to get public holiday spend for the public holidays that fall throughout her leave as long as she works her last frequently scheduled day before her leave and her first routinely scheduled day after her leave, or has sensible cause for failing to do so.

Zoe went on leave on June 10 and only worked 7 days throughout the 4 work weeks before the Canada Day public vacation. Her public holiday spend 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 holidays that fall during her leave will be $0. This is due to the fact that she will not have earned any salaries or trip pay on any of the days during the four work weeks before each of those holidays.

Example: When a staff member is on a layoff

Eugene generally works five days a week, earning $100 a day. He was placed on short-lived layoff on November 15. During his layoff, Eugene was not paid salaries or vacation pay. He received work insurance benefits during this time, however these advantages are ruled out “earnings.”

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 frequently arranged day before the layoff and his very first frequently set up day after the layoff, or has reasonable cause for failing to do so.

However, due to the fact that Eugene did not make any earnings or getaway pay in the four work weeks before those two public vacations, the quantity of public holiday pay he is entitled to will be $0.

Premium pay

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

For example, Nathan’s regular 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 replacement holiday is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday pay for a replacement holiday.

A substitute vacation must be scheduled for a day that is no behind 3 months after the public vacation for which it was made, or, employment if the staff member has actually agreed digitally or in composing, the substitute day off can be arranged as much as 12 months after the general public holiday.

If an employee receives an alternative vacation, the company must provide the employee with a composed declaration that sets out the public holiday that is being replaced, the date of the replacement holiday, and the date that the declaration was provided to the staff member. This statement should be provided to the staff member before the public vacation.

Entitlements for public holidays

Entitlements for public holidays vary depending upon such things as whether the vacation falls on a working day or a non-working day and whether the employee deals with the vacation. The different privileges are set out listed below.

When a public vacation falls on a working day but the employee does not work

Most employees have the right to get the public vacation off and earn money public vacation pay. (Some workers may be needed to work on a public vacation. See “Special guidelines for specific markets” later on in this chapter.)

When a public vacation falls on a worker’s non-working day or during an employee’s trip

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

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

– public holiday pay for the public holiday, if the employee concurs to this electronically or in composing (in this case, the worker will not be given an alternative day off).

When a staff member who gets approved for the day off has agreed electronically or in composing to deal with a public vacation

Most workers deserve to get the general public vacation off and get paid public holiday pay. However, if a worker concurs electronically or in composing to work on the public holiday, there are 2 options:

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

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

Example: Calculating public holiday pay plus premium pay

A public holiday falls on one of John-Duncan’s normal working days. He and his employer have actually agreed electronically or in composing that he will work on the public vacation and that, employment instead of getting an alternative holiday, he will be paid public vacation pay plus premium pay for employment all the hours he works on the vacation.

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 general public vacation. He works 8 hours on the public vacation. He receives his vacation pay when his getaway is taken. He was not on trip throughout the four work weeks leading up to the public vacation

Step 1: compute public vacation pay:

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

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

3. Add together his total earnings earned and vacation 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: calculate exceptional pay

Finally, the premium pay owing to John-Duncan for his work on the general 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 entitlement is $240.

Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for an overall of $400.

When an employee consents to work on a public holiday but stops working to do so

If a worker has agreed digitally or in composing to deal with the general public holiday however does not do so – and does not have reasonable 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 general public vacation, then privileges will depend on which of the two options below the worker picked in exchange for concurring to work on the public vacation:

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

– if the staff member had actually concurred electronically or in composing to work on the general public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the holiday. The worker is not entitled to receive any superior pay due to the fact that they did not perform any deal with the holiday.

When an employee works just a few of the hours they agreed to deal with a public vacation

If a worker has agreed digitally or in writing to deal with the public holiday but works only a few of the hours they accepted work, and does not have affordable cause for failing to work all of the hours, the worker is only entitled to get premium spend for each hour dealt with the vacation. The worker has no right to public vacation pay or a substitute day of rest work.

Example: A typical case

Trudi had concurred in writing that she would work 8 hours on Canada Day but she only worked four hours and employment did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled just to premium spend for the four hours she worked on the vacation. 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 just a few of the hours they consented to deal with the general public holiday, then:

– the employee is entitled to their regular rate for all the hours worked plus a substitute day off deal with public holiday pay;.
or.

– if the staff member had agreed digitally or in writing 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 dealt with the vacation.

Special guidelines for certain markets

Special rules apply to staff members who operate in the following types of organizations:

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– medical facilities 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 video games tables are open around the clock).

A staff member who operates in any of these services can be needed to work on a public holiday without their contract, however just if the holiday falls on a day that the staff member would typically work and the staff member is not on trip.

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

– their regular rate for the hours worked on the public vacation, plus a substitute day off work with public vacation pay;.
or.

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

The company chooses which of these options will use.

Note that the company’s capability to need staff members to work on a public holiday is subject to the worker’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the regards to the staff member’s work contract. Note also that particular retail employees who operate in continuous operations (for example, a 24-hour benefit store) can refuse to work on a public holiday since of the unique guidelines that use to some retail workers. See the “Retail employees” chapter of this guide to find out more.

A worker in the previously noted companies who is needed to deal with a public holiday that falls on their common working day but fails to do so, with reasonable cause, is entitled to:

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

– public vacation spend for the vacation.

The company chooses which option will use.

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

– their regular rate for employment each hour dealt with the vacation plus a replacement holiday with public vacation pay;.
or.

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

The employer chooses which alternative will apply.

A staff member in any of these businesses who is required to deal with a public holiday that falls on their normal working day however who fails, without affordable cause, to work part or all of the public holiday is only entitled to get premium spend for each hour dealt with the vacation (if any). The employee has no right to public vacation pay or a substitute day off work.

Overtime estimations when a worker receives exceptional pay

Any hours dealt with a public vacation that are compensated with exceptional pay are not consisted of when figuring out whether a worker has actually worked any overtime hours.

If work ends

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