Qualified Employees can Be Full-time

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

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

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

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

Some workers might be needed to deal with a public vacation. (See “Special rules for particular markets” later on in this Chapter.) While many workers are eligible for the general public holiday entitlement, some workers operate in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To figure out whether a job is covered, or if unique guidelines use, please describe the Guide to work requirements special rules and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular salaries does not include any overtime pay, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of assignment pay payable to an employee.

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

Performing both covered and exempt work

Some staff members perform more than one kind 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 might be exempt from public holiday coverage.

If a staff member carries out both sort of work, exempt and covered, they are eligible for the general public vacation privilege with regard to a specific public vacation if at least half of the work carried out in the work week of the public holiday is work that is covered.

Rupert works for a taxi business as both a taxi cab chauffeur (work that is exempt from public holiday protection) 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 vacation part of the ESA, he is eligible for the public vacation entitlement for Canada Day.

Receiving public vacation entitlements

Generally, staff members get approved for the public vacation privilege unless they:

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

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

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

Qualified workers can be complete time, part time, irreversible or on term agreement. It does not matter how recently they were employed, or how numerous days they worked before the general public holiday.

The “last and first rule”

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

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

Reasonable cause

A staff member is generally considered to have “affordable cause” for missing out on work when something beyond their control avoids the employee from working. Employees are accountable for revealing that they had reasonable cause for staying 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 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 vacation, or has sensible cause for failing to work either of those days, she certifies to be paid for the vacation.

Example: When a staff member takes a day off

A public holiday falls on a Monday, and Lev’s work environment closes down for that day. Lev frequently works Monday to Thursday. Lev has asked his employer for consent to take off the Thursday before the public vacation since he has an individual consultation. His employer concurs. Lev’s last frequently set up work day before the holiday 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 affordable cause for not working either of those days, he receives the paid public vacation.

Example: When a staff member leaves early

A public vacation 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 wishes to leave at 3 p.m. on the Thursday before the general public vacation. The employer agrees. Doris’s regularly arranged shift on the Thursday before the general 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 sensible cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When an employee is on getaway

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

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation takes place. If Lydia works her last frequently arranged day of work before her leave, and her very first regularly scheduled day of work after her leave, or has affordable 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 workplace is closed for the vacation. Ellen does not work on her last scheduled day before the holiday, and she does not have sensible cause for missing that day. She receives no pay for the holiday.

Public holiday pay

The amount of public holiday pay to which a worker is entitled is all of the regular incomes made by the staff member in the four work weeks before the work week with the public holiday plus all of the vacation pay payable to the employee with regard to the four work weeks before the work week with the public holiday, divided by 20.

When to consist of vacation pay in the calculation of public vacation pay

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

Vacation pay payable

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

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

If an employee is to receive their getaway pay in a swelling amount on a particular date or dates, trip pay will be included in the calculation of public holiday pay only if that date or dates falls during the relevant four work week period.

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

The 4 weeks before the 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 ranges from Thursday to Wednesday. In this case, the four work weeks utilized to compute public holiday pay are those four weeks counting in reverse 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 vacation: Tuesday, December 25

In this example, the routine wages earned by the worker and the vacation pay payable to the staff member with regard to the 4 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 regularly scheduled work day before the general public holiday and her very first routinely arranged day after the holiday. She gets her holiday pay when her holiday is taken. She was not on trip throughout the 4 work weeks leading up to the public holiday.

1. Calculate Iryna’s overall routine incomes earned:
$ 120 daily X 5 days = $600 per week
$ 600 weekly X 4 work weeks = $2,400.
Iryna made $2,400 of routine wages in the 4 work weeks before the general public vacation.

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

3. Add together her overall incomes earned and trip pay payable and divide the sum 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 five days a week and earns $160 a day. He was on vacation for two of the 4 weeks before the public vacation. He gets getaway pay before he takes his holiday. He is paid $1,600 trip pay for his two weeks of vacation. Brock worked his last regularly set up work day before the public vacation and his very first routinely arranged work day after the vacation.

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

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

3. Combine his total salaries made and trip 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 worker works part-time and each pay cheque consists of vacation pay

Tegan works 3 days a week and makes $120 a day. She worked her last frequently set up work day before the public vacation and her very first routinely arranged day after the vacation. She and her company have concurred in composing that she will get 4 percent getaway pay on each paycheque.

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

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

3. Add together her regular wages made and vacation pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

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

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

Bertie does not work a set number of hours daily or days each week. Her pay varies from week to week, according to the time she has worked. She and her employer have actually agreed in composing that she will receive 4 percent trip pay on each pay cheque.

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

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

3. Total her routine wages earned and trip pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When a worker is on a leave

Zoe normally works 5 days a week, making $120 a day. She gets trip pay before she goes on vacation. 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 holiday pay. She received maternity and adult gain from the federal Employment Insurance program, but these advantages are not considered “earnings.”

Zoe is entitled to receive public vacation pay 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 frequently scheduled day after her leave, or has reasonable cause for stopping working to do so.

Zoe went on leave on June 10 and only worked 7 days during the 4 work weeks before the Canada Day public holiday. Her public holiday spend for Canada Day is:

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

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

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

Her public holiday spend for the rest of the public holidays that fall throughout her leave will be $0. This is because she will not have earned any salaries or trip pay on any of the days throughout the 4 work weeks before each of those holidays.

Example: When an employee is on a layoff

Eugene usually works 5 days a week, earning $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or trip pay. He got work insurance benefits during this time, but these advantages are not considered “incomes.”

Eugene was remembered to work on December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last routinely set up day before the layoff and his very first regularly arranged day after the layoff, or has reasonable cause for failing to do so.

However, since Eugene did not earn any earnings or holiday pay in the four 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 an employee’s regular rate of pay. If a staff member is entitled to receive exceptional pay for deal with a public vacation, they need to be paid 1 1/2 times their regular rate of spend for each hour worked.

For instance, Nathan’s regular rate of pay is $20 an hour. This suggests that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

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

An alternative vacation need to be scheduled for a day that is no behind three months after the general public holiday for which it was made, or, if the worker has actually concurred digitally or somalibidders.com in writing, the substitute day off can be scheduled as much as 12 months after the public holiday.

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

Entitlements for public vacations

Entitlements for public vacations differ depending upon such things as whether the holiday falls on a working day or a non-working day and whether the employee works on the holiday. The different entitlements are set out below.

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

Most employees can get the general public holiday off and make money public vacation pay. (Some employees might be needed to deal with a public vacation. See “Special guidelines for particular industries” later on in this chapter.)

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

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

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

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

When a worker who gets approved for the day of rest has actually agreed digitally or in writing to work on a public holiday

Most employees have the right to get the public vacation off and make money public holiday pay. However, if a staff member agrees electronically or in writing to work on the public vacation, there are two alternatives:

– the worker is entitled to get routine incomes for all hours dealt with the general public vacation, plus an alternative day off deal with public holiday pay;.
or.

– if the staff member agrees digitally or in writing, they are entitled to public vacation spend for the general public vacation plus premium spend for all hours dealt with the general public vacation. In this case, the employee will not be given an alternative day of rest.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan regularly works 8 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 vacation. He works eight hours on the public holiday. He receives his vacation pay when his vacation is taken. He was not on vacation during the four work weeks leading up to the public vacation

Step 1: determine public holiday pay:

1. Calculate John-Duncan’s total routine earnings earned in the 4 work weeks before the public holiday:
8 hours each day X $20 per hour = $160 per day
$ 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 holiday.

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

3. Add together his total wages earned and holiday 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: calculate superior 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 entitlement is $240.

Result: John-Duncan is entitled to public vacation pay of $160 and premium pay of $240, for a total of $400.

When a worker agrees to deal with a public vacation however fails to do so

If an employee has concurred digitally or in writing to deal with the public vacation but does refrain from doing so – and does not have affordable cause for not having done so – the staff member has no right to public vacation pay or to an alternative day off with pay.

However, if the staff member has reasonable cause for not working the general public vacation, then privileges will depend upon which of the 2 alternatives listed below the employee chose in exchange for concurring to work on the public vacation:

– if the staff member had agreed digitally or in writing to work on the general public holiday for routine earnings plus a substitute day off with public vacation pay, the worker is entitled to a substitute day of rest work with public vacation pay;.
or.

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

When a staff member works only some of the hours they consented to work on a public holiday

If a worker has agreed digitally or in writing to deal with the public holiday but works just a few of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the staff member is just entitled to receive premium spend for each hour worked on the holiday. The staff member has no right to public vacation pay or a substitute 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 just worked four hours and did not have reasonable cause for stopping working to work the other four hours. Trudi is entitled just to premium spend for the 4 hours she worked on the vacation. She is not entitled to public vacation pay or to an alternative day of rest work.

However, if the employee has reasonable cause for working only some of the hours they concurred to work on the public holiday, then:

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

– if the staff member had actually agreed digitally or in composing to work on the general 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 certain industries

Special use to employees who work in the list below kinds of services:

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– 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 games part of a gambling establishment if the games tables are open around the clock).

An employee who works in any of these companies can be needed to deal with a public vacation without their arrangement, however only if the holiday falls on a day that the staff member would generally work and the staff member is not on vacation.

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 of rest deal with public holiday pay;.
or.

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

The company picks which of these choices will apply.

Note that the employer’s ability to need workers to deal with a public holiday goes through the staff member’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the worker’s work contract. Note also that particular retail workers who operate in constant operations (for instance, a 24-hour corner store) deserve to refuse to work on a public vacation because of the unique guidelines that apply to some retail workers. See the “Retail workers” chapter of this guide to learn more.

A worker in the formerly noted services who is needed to deal with a public vacation that falls on their normal working day however fails to do so, with reasonable cause, is entitled to:

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

– public holiday pay for the vacation.

The company selects which alternative will use.

A staff member 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, with sensible cause, to work a few of the hours they were required to deal with the holiday is entitled to either:

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

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

The employer picks which choice will apply.

An employee in any of these companies who is needed to work on a public holiday that falls on their ordinary working day but who fails, without affordable cause, to work part or all of the general public holiday is only entitled to get premium pay for each hour dealt with the holiday (if any). The worker has no right to public holiday pay or an alternative day off work.

Overtime estimations when a worker gets superior pay

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

If employment ends

Sometimes a staff member’s task comes to an end before the staff member can take a substitute vacation with public holiday pay that they have earned. In this case, the employer should pay the employee’s public holiday pay at the exact same time it pays the staff member’s final earnings. This is so despite the reason the job concerned an end, whether it is due to the fact that the employee stopped, was fired for excellent reason, or for some other reason.