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Company Description

Qualified Employees can Be Full-time

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

Alternatively, the employee can agree digitally or in composing to work on the vacation and be paid:

– public holiday 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 dealt with the general public holiday and get another substitute vacation for which they need to be paid public holiday pay.

Some staff members might be needed to deal with a public vacation. (See “Special guidelines for certain markets” later in this Chapter.) While the majority of workers are eligible for the public holiday privilege, some workers operate in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To determine whether a job is covered, or if special rules apply, employment please describe the Guide to employment requirements special rules and exemptions.

Use the Employment Standards Self-Service Tool to inspect compliance with public holidays and other work standards privileges.

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

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

While some companies offer their employees a vacation on Easter Sunday, Easter Monday, the very 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 carry out more than one type of work for a company. Some of this work may be covered by the public holiday part of the ESA, while another kind of work may be exempt from public vacation protection.

If an employee carries out both kinds of work, exempt and covered, they are qualified for the general public vacation entitlement with respect to a specific public holiday if a minimum of half of the work performed in the work week of the public vacation is work that is covered.

Rupert works for a taxi business as both a taxi cab driver (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public vacation 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.

Receiving public holiday privileges

Generally, employees receive the general public vacation entitlement unless they:

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

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

Note: Most employees who stop working to qualify for the public vacation privilege are still entitled to be paid premium spend for every hour they work on the holiday.

Qualified workers can be complete time, part time, irreversible or on term agreement. It does not matter how recently they were worked with, or the number of days they worked before the public vacation.

The “last and very first rule”

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

For instance, an employee may not be set up to work the day right before or after the vacation. As long as the employee works all of their last routinely scheduled shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they fulfill this certifying criterion.

Reasonable cause

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

How the last and first rule works

Rosie’s routine work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace closes down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the holiday, or has reasonable cause for stopping working to work either of those days, she certifies to be spent for the holiday.

Example: When a staff member takes a day off

A public holiday falls on a Monday, and Lev’s work environment shuts down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for permission to remove the Thursday before the public vacation since he has a personal consultation. His company agrees. Lev’s last frequently set up work day before the vacation is now considered to be on the Wednesday.

If Lev works his entire Wednesday shift before the vacation and his entire Tuesday shift after the vacation, or has sensible 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 work environment is closed for the holiday. 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 holiday. The company agrees. Doris’s regularly scheduled shift on the Thursday before the general public holiday 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 vacation.

Example: When an employee is on trip

Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last frequently set up shift before his holiday and first frequently arranged shift after his holiday – on June 24 and July 10 – or has affordable cause for failing 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 routinely scheduled day of work before her leave, and her very first regularly 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 affordable cause

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

Public holiday pay

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

When to consist of vacation pay in the estimation of public holiday pay

The amount of holiday pay payable to consist of in the computation of public vacation pay depends on whether the staff member is on trip at any time throughout the four work weeks prior to the general public vacation, and the way in which the staff member is to be paid trip pay. Please describe the Vacation chapter for information on the different ways vacation pay can be paid.

Vacation pay payable

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

If the worker is to be paid vacation pay with every pay cheque the quantity of getaway pay to consist of in the computation of public holiday pay will be at least four percent of all of the employee’s wages earned throughout the four work week duration. (Note that if a staff member makes a higher percentage of trip pay, such as 6 per cent of salaries, then the “vacation pay payable” will be based upon that higher portion.)

If an employee is to get their trip pay in a swelling sum on a specific date or dates, holiday pay will be included in the calculation of public vacation pay just if that date or dates falls throughout the appropriate 4 work week period.

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

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

Example:

Christmas Day falls on a Tuesday. Suppose that an employer’s work week ranges from Thursday to Wednesday. In this case, the four work weeks used to determine 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 wages made by the staff member and the vacation pay payable to the staff member with regard to the four work weeks from November 22 to December 19 are used in the computation of public holiday pay.

Calculating public vacation pay

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

1. Calculate Iryna’s overall regular wages earned:
$ 120 daily X 5 days = $600 per week
$ 600 each 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 vacation pay payable with regard to the 4 work week period:.
Iryna gets her getaway pay when she takes her vacation. Because she was not on getaway throughout the 4 work week duration, the amount of vacation pay payable with regard to the four work weeks before the general public holiday = $0.

3. Total her total wages made and getaway pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public vacation pay.

Example: When vacation time is included

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

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

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

3. Combine his total wages 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 staff member works part-time and each pay cheque consists of holiday pay

Tegan works 3 days a week and earns $120 a day. She worked her last frequently arranged work day before the general public vacation and her very first frequently arranged day after the holiday. She and her employer have actually concurred in composing that she will receive four percent vacation pay on each paycheque.

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

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

3. Total her regular wages made and getaway pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

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

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

Bertie does not work a set variety of hours each day or days weekly. Her pay differs from week to week, according to the time she has actually worked. She and her employer have actually agreed in composing that she will get 4 per cent holiday pay on each pay cheque.

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

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

3. Total her regular wages made and holiday pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When a worker is on a leave

Zoe generally works five days a week, earning $120 a day. She gets holiday pay before she goes on holiday. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid wages or vacation pay. She got maternity and parental gain from the federal Employment Insurance program, however these benefits are ruled out “incomes.”

Zoe is entitled to receive public vacation pay for the public holidays that fall throughout her leave as long as she works her last frequently arranged day before her leave and her first regularly 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 during the 4 work weeks before the Canada Day public holiday. Her public holiday pay for Canada Day is:

– Regular wages made: $120 a day X 7 days = $840.

– Vacation pay payable: $0 (she was not on holiday throughout the 4 work week period).

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

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

Example: When a staff member is on a layoff

Eugene usually works 5 days a week, earning $100 a day. He was positioned on momentary layoff on November 15. During his layoff, Eugene was not paid wages or getaway pay. He got work insurance advantages throughout this time, but these benefits are not thought about “wages.”

Eugene was recalled to work on December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last regularly set up day before the layoff and his very first 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 trip pay in the 4 work weeks before those two public holidays, the amount 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 a worker is entitled to receive premium spend for work on a public holiday, they must 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 means that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

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

An alternative holiday must be arranged for a day that is no later than 3 months after the general public holiday for which it was earned, or, if the staff member has concurred digitally or in composing, the alternative day off can be scheduled up to 12 months after the public holiday.

If an employee gets a substitute vacation, employment the employer must offer the worker with a written declaration that sets out the public vacation that is being substituted, the date of the substitute vacation, and the date that the statement was provided to the staff member. This statement should be provided to the worker before the public holiday.

Entitlements for public holidays

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 employee deals with the vacation. The different entitlements are set out below.

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

Most employees can get the public holiday off and make money public vacation pay. (Some staff members 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 an employee’s non-working day or throughout a staff member’s holiday

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

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

– public vacation spend for the public vacation, if the employee consents to this electronically or in writing (in this case, the worker will not be offered an alternative day of rest).

When a staff member who certifies for the day of rest has actually agreed digitally or in composing to work on a public vacation

Most staff members can get the general public vacation off and get paid public vacation pay. However, if a staff member agrees digitally or in writing to deal with the public vacation, there are two alternatives:

– the worker is entitled to receive routine wages for all hours dealt with the general public vacation, plus an alternative day of rest deal with public vacation pay;.
or.

– if the staff member agrees electronically or in composing, they are entitled to public holiday pay for the general public vacation plus premium spend for all hours dealt with the general public vacation. In this case, the worker will not be provided a substitute day off.

Example: Calculating public vacation pay plus premium pay

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

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

Step 1: calculate public vacation pay:

1. Calculate John-Duncan’s total routine incomes earned in the four work weeks before the public vacation:
8 hours daily 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 vacation.

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

3. Combine his overall wages made and holiday pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: calculate premium pay

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

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

If a worker has actually concurred digitally or in composing to deal with the public holiday however does not do so – and does not have reasonable cause for not having actually done so – the employee has no right to public holiday pay or to an alternative day of rest with pay.

However, if the worker has sensible cause for not working the public holiday, then privileges will depend upon which of the 2 options below the staff member chose in exchange for accepting work on the public holiday:

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

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

When a staff member works just some of the hours they consented to work on a public vacation

If a staff member has concurred digitally or employment in composing to deal with the public holiday but works only a few of the hours they consented to work, and does not have reasonable cause for stopping working to work all of the hours, the employee is only entitled to get premium pay for each hour worked on the holiday. The employee has no right to public holiday pay or an alternative day of rest work.

Example: A common case

Trudi had actually agreed in writing that she would work eight hours on Canada Day but she only worked 4 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 four hours she dealt with the holiday. She is not entitled to public vacation pay or to an alternative day off work.

However, if the employee has reasonable cause for working only a few of the hours they accepted work on the general public holiday, then:

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

– if the worker 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 pay plus premium pay for every hour worked on the holiday.

Special rules for particular industries

Special rules use to workers who operate in the following types of organizations:

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– healthcare 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 company or the games part of a casino if the video games tables are open around the clock).

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

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

– their routine rate for the hours worked on the public holiday, plus an alternative day off work with public holiday pay;.
or.

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

The company selects which of these choices will use.

Note that the company’s capability to need staff members to work on a public holiday goes through the worker’s right to take a day of rest for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s employment contract. Note likewise that certain retail employees who work in continuous operations (for example, a 24-hour convenience shop) can decline to work on a public vacation due to the fact that of the special rules that use to some retail employees. See the “Retail employees” chapter of this guide for additional information.

An employee in the previously listed services who is needed to work on a public holiday that falls on their ordinary working day but fails to do so, with reasonable cause, is entitled to:

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

– public vacation pay for the holiday.

The employer selects which option will apply.

An employee in any of these businesses who is required to work on a public holiday that falls on their common 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 routine rate for each hour dealt with the vacation plus a replacement vacation with public vacation pay;.
or.

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

The employer chooses which option will apply.

A worker in any of these businesses who is required to deal with a public holiday that falls on their common working day but who fails, without reasonable cause, to work part or all of the general public holiday is only entitled to receive superior pay for each hour worked on the vacation (if any). The staff member has no right to public vacation pay or a substitute day off work.

Overtime calculations when a staff member gets premium pay

Any hours worked on a public vacation that are compensated with premium pay are not included when determining whether a staff member has worked any overtime hours.

If employment ends

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