Qualified Employees can Be Full-time

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

Alternatively, the staff member can concur electronically or in writing to work on the vacation and be paid:

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

– be paid their routine incomes for job all hours worked on the general public holiday and get another substitute holiday for which they should be paid public holiday pay.

Some employees may be required to work on a public holiday. (See “Special guidelines for certain industries” later on in this Chapter.) While a lot of staff members are qualified for the public vacation privilege, job some staff members work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a task is covered, or if special rules apply, please refer to the Guide to employment standards unique rules and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular salaries 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 assignment pay payable to an employee.

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 carry out more than one sort of work for a company. A few of this work may be covered by the public vacation part of the ESA, while another sort of work might be exempt from public vacation protection.

If an employee performs both kinds of work, exempt and covered, they are qualified for the general public vacation entitlement with regard to a particular public holiday if at least half of the work carried out in the work week of the public vacation is work that is covered.

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public holiday protection) 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 vacation part of the ESA, he is eligible for the general public holiday privilege for Canada Day.

Receiving public vacation privileges

Generally, employees certify for the general public vacation entitlement unless they:

– fail without reasonable 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.

– stop working without affordable cause to work their whole shift on the general public holiday if they agreed to or were required to work that day.

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

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

The “last and first rule”

The “last frequently arranged day of work before the public holiday” and the “very first regularly arranged day of work after the general public holiday” do not need to be the days right in the past and right after the vacation.

For example, an employee might not be scheduled 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 holiday and all of the first one after it, or has sensible cause for not working either of those days, they satisfy this qualifying criterion.

Reasonable cause

A staff member is typically thought about to have “sensible cause” for missing work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had sensible cause for remaining away from work. If they can do so, they still qualify for public holiday privileges.

How the last and job first rule works

Rosie’s regular work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s work environment 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 holiday falls on a Monday, and Lev’s office closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his company for authorization to remove the Thursday before the general public holiday because he has an individual visit. His employer concurs. Lev’s last routinely scheduled work day before the vacation is now thought about to be on the Wednesday.

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

Example: When an employee leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the holiday. 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 general public vacation. The company agrees. Doris’s regularly scheduled shift on the Thursday before the 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: job When a worker 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 regularly scheduled shift before his holiday and very first frequently set up shift after his holiday – on June 24 and July 10 – or has sensible cause for stopping working to do so, he will qualify for the paid public vacation.

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 scheduled day of work before her leave, and her first routinely set up day of work after her leave, or has reasonable cause for stopping working to do so, she will be entitled to the paid public vacation.

Example: When there is no reasonable cause

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

Public holiday pay

The amount of public vacation pay to which a staff member is entitled is all of the regular salaries earned by the staff member in the four work weeks before the work week with the general public vacation plus all of the getaway pay payable to the staff member with respect to the four work weeks before the work week with the general public vacation, divided by 20.

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

The quantity of holiday pay payable to include in the calculation of public holiday pay depends on whether the employee is on trip at any time during the four work weeks prior to the general public vacation, and the way in which the worker is to be paid holiday pay. Please refer to the Vacation chapter for info on the different ways holiday pay can be paid.

Vacation pay payable

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

If the employee is to be paid vacation pay with every pay cheque the amount of holiday pay to include in the calculation of public holiday pay will be at least 4 percent of all of the worker’s wages made during the four work week duration. (Note that if a staff member earns a greater percentage of vacation pay, such as 6 percent of incomes, then the “trip pay payable” will be based on that greater percentage.)

If a worker is to receive their holiday pay in a swelling sum on a certain date or dates, holiday pay will be consisted of in the calculation of public holiday pay just if that date or dates falls throughout the relevant 4 work week duration.

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

The 4 weeks before the general public holiday is based on 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 runs from Thursday to Wednesday. In this case, the four work weeks utilized to determine public vacation pay are those 4 weeks counting backwards from the 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 regular wages earned by the staff member and the vacation pay payable to the employee with respect to the four work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

Calculating public vacation pay

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

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

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

3. Combine her total earnings made and holiday 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 trip time is included

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

1. Calculate Brock’s overall routine earnings earned:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.

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

3. Add together his overall salaries earned and holiday payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Example: When a staff member works part-time and each pay cheque includes getaway pay

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

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

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

3. Add together her routine wages earned and trip 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 vacation pay

Bertie does not work a set number of hours each day or days each week. Her pay differs from week to week, according to the time she has worked. She and her company have agreed in writing that she will receive 4 per cent trip pay on each pay cheque.

1. Bertie’s routine incomes 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 salaries earned and getaway pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When a staff member is on a leave

Zoe typically works five days a week, making $120 a day. She receives vacation 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 received maternity and adult benefits from the federal Employment Insurance program, but these benefits are ruled out “salaries.”

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

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

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

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

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

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

Example: When a staff member is on a layoff

Eugene usually works 5 days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid wages or holiday pay. He received work insurance coverage benefits throughout this time, however these advantages are not thought about “incomes.”

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 regularly scheduled day before the layoff and his first regularly 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 4 work weeks before those 2 public holidays, 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 receive exceptional pay for work on a public vacation, job they must be paid 1 1/2 times their routine rate of spend 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 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 vacation spend for a replacement holiday.

An alternative vacation need to be scheduled for a day that is no later on than three months after the general public vacation for which it was made, or, if the employee has actually concurred electronically or in writing, the alternative day off can be arranged as much as 12 months after the public vacation.

If an employee gets an alternative vacation, the company should offer the worker with a composed statement that sets out the public vacation that is being replaced, the date of the replacement holiday, and the date that the declaration was offered to the worker. This declaration must be offered to the employee before the public vacation.

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 worker works on the vacation. The different entitlements are set out below.

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

Most workers deserve to get the public vacation off and get paid public holiday pay. (Some workers might be required to work on a public holiday. See “Special guidelines for certain industries” later on in this chapter.)

When a public vacation 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 a worker, or during the staff member’s holiday, the employee is entitled to either:

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

– public vacation spend for job the public vacation, if the staff member concurs to this electronically or in composing (in this case, the employee will not be offered an alternative day off).

When an employee who receives the day off has agreed electronically or in composing to deal with a public vacation

Most workers have the right to get the public holiday off and get paid public holiday pay. However, if a staff member agrees digitally or in composing to work on the general public holiday, there are 2 choices:

– the employee is entitled to receive regular wages for all hours dealt with the general public vacation, plus an alternative day off work with public vacation pay;.
or.

– if the worker agrees digitally or in writing, they are entitled to public vacation pay for the public holiday plus premium spend for all hours worked on the general public holiday. In this case, the employee will not be provided a substitute day of rest.

Example: Calculating public vacation pay plus premium pay

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

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

Step 1: determine public holiday pay:

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

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

3. Combine his total earnings earned and getaway pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: calculate superior pay

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

When a worker accepts deal with a public holiday however fails to do so

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

However, if the employee has affordable cause for not working the general public vacation, then privileges will depend upon which of the two choices listed below the staff member selected in exchange for consenting to work on the general public vacation:

– if the employee had actually agreed electronically or in writing to deal with the public vacation for regular salaries plus a substitute day off with public vacation pay, the staff member is entitled to a substitute day off work with public vacation pay;.
or.

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

When a staff member works just a few of the hours they accepted deal with a public holiday

If an employee has agreed electronically or in composing to deal with the public holiday however works just some of the hours they consented to work, and does not have sensible cause for stopping working to work all of the hours, the worker is just entitled to receive superior spend for each hour worked on the vacation. The employee has no right to public vacation pay or a substitute day off work.

Example: A typical case

Trudi had actually concurred 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 staff member has affordable cause for working only some of the hours they consented to deal with the public holiday, then:

– the worker is entitled to their regular rate for all the hours worked plus an alternative day off deal with public vacation pay;.
or.

– if the worker had concurred electronically or in composing to work on 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 guidelines for certain industries

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

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– health centers and retirement home;.

– continuous 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 video games part of a casino if the games tables are open all the time).

A staff member who works in any of these organizations can be needed to deal with a public vacation without their contract, but only if the holiday falls on a day that the worker would generally work and the staff member is not on vacation.

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

– their regular rate for the hours dealt with the general public holiday, plus a substitute day of rest work with public holiday pay;.
or.

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

The company chooses which of these options will use.

Note that the company’s capability to need workers to work on a public vacation is subject to the staff member’s right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the worker’s work agreement. Note likewise that particular retail employees who work in continuous operations (for example, a 24-hour benefit shop) can refuse to work on a public holiday because of the special rules that apply to some retail employees. See the “Retail workers” chapter of this guide to find out more.

A worker in the formerly listed services who is required to work on a public holiday that falls on their working day however fails to do so, with sensible cause, is entitled to:

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

– public holiday pay for the vacation.

The company picks which alternative will use.

An employee in any of these businesses who is required to deal with a public holiday that falls on their regular working day but who fails, with reasonable cause, to work some of the hours they were required to deal with the vacation is entitled to either:

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

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

The employer chooses which option will use.

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

Overtime computations when a staff member gets superior pay

Any hours dealt with a public holiday that are compensated with premium pay are not included when figuring out whether a staff member has actually worked any overtime hours.

If employment ends

Sometimes a worker’s job comes to an end before the employee can take an alternative vacation with public vacation pay that they have actually earned. In this case, the company needs to pay the staff member’s public vacation pay at the same time it pays the worker’s final wages. This is so regardless of the reason the task pertained to an end, whether it is due to the fact that the staff member quit, was fired for excellent factor, or for some other reason.