Qualified Employees can Be Full-time

Most workers who certify are entitled to take nowadays off work and be paid public vacation pay.

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

– public vacation pay plus premium spend for all hours dealt with the general public holiday and not receive another day off (called a «substitute» holiday);.
or.

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

Some employees might be needed to work on a public vacation. (See «Special guidelines for certain markets» later on in this Chapter.) While a lot of staff members are qualified for the general public vacation privilege, some workers 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 unique rules apply, please describe the Guide to employment requirements unique guidelines and exemptions.

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

See «Public holiday pay» later in this chapter.

Regular salaries does not consist of 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 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 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 an employer. A few of this work might be covered by the public holiday part of the ESA, while another type of work may be exempt from public holiday protection.

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

Rupert works for a taxi company as both a taxi cab motorist (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is qualified for the public vacation entitlement for Canada Day.

Qualifying for public vacation entitlements

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

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

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

Note: Most staff members who fail to get approved for the public vacation entitlement are still entitled to be paid superior pay for every hour they deal with 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 how numerous days they worked before the general public holiday.

The «last and first guideline»

The «last regularly scheduled day of work before the general public vacation» and the «first regularly scheduled day of work after the public holiday» do not need to be the days right before and right after the vacation.

For example, a staff member 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 regularly set up shift before the holiday and all of the very first one after it, or has reasonable cause for not working either of those days, they fulfill this qualifying criterion.

Reasonable cause

A staff member is normally considered to have «sensible cause» for missing out on work when something beyond their control avoids the employee from working. Employees are responsible for showing that they had sensible cause for keeping away from work. If they can do so, they still get approved for public vacation 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 whole shift on the Thursday before the vacation and the Tuesday after the vacation, or has affordable cause for failing to work either of those days, she qualifies to be paid for the vacation.

Example: When a staff member takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his company for approval to remove the Thursday before the general public vacation due to the fact that he has a personal visit. His employer agrees. Lev’s last frequently scheduled work day before the vacation is now thought about to be on the Wednesday.

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

Example: When an employee 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 wants to leave at 3 p.m. on the Thursday before the general public holiday. The employer concurs. Doris’s frequently scheduled 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 stopping working to do so, she is entitled to the paid public holiday.

Example: employment When a worker is on holiday

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly set up shift before his vacation and first frequently scheduled shift after his getaway – on June 24 and July 10 – or has sensible cause for failing to do so, he will qualify 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 takes place. If Lydia works her last frequently set up day of work before her leave, and her very first regularly arranged day of work after her leave, or has affordable cause for failing to do so, she will be entitled to the paid public holiday.

Example: When there is no affordable cause

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

Public vacation pay

The quantity of public holiday pay to which an employee is entitled is all of the routine earnings made by the employee in the 4 work weeks before the work week with the general public vacation plus all of the trip pay payable to the worker with respect to the 4 work weeks before the work week with the public holiday, divided by 20.

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

The amount of vacation pay payable to include in the computation of public vacation pay depends upon whether the staff member is on holiday at any time throughout the 4 work weeks prior to the general public holiday, and the manner in which the employee is to be paid getaway pay. Please describe the Vacation chapter for information on the various ways holiday pay can be paid.

Vacation pay payable

If the employee 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 trip falls, holiday pay will be consisted of in the calculation of public vacation pay if the employee was on getaway throughout that 4 work week duration. If the staff member was not on getaway during that duration, no getaway pay will be included in the computation.

If the worker is to be paid getaway pay with every pay cheque the amount of trip pay to consist of in the computation of public holiday pay will be at least four per cent of all of the employee’s incomes made throughout the 4 work week period. (Note that if an employee makes a higher portion of holiday pay, such as 6 percent of wages, then the «getaway pay payable» will be based upon that greater percentage.)

If a worker is to get their holiday pay in a lump amount on a specific date or dates, getaway pay will be included in the calculation of public holiday pay only if that date or dates falls throughout the appropriate four work week period.

Calculating the four 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 runs from Thursday to Wednesday. In this case, the four work weeks used to calculate public holiday 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 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 earned by the worker and the vacation pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are utilized in the calculation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Add together her overall 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 holiday time is involved

Brock works 5 days a week and makes $160 a day. He was on getaway for 2 of the four weeks before the public holiday. He receives vacation pay before he takes his getaway. He is paid $1,600 trip spend for his 2 weeks of getaway. Brock worked his last routinely set up work day before the general public vacation and his very first regularly scheduled work day after the holiday.

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

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

3. Total his total wages earned 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 holiday pay.

Example: When an employee 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 regularly arranged work day before the public vacation and her first routinely set up day after the vacation. She and her company have actually agreed in writing that she will receive four percent vacation pay on each paycheque.

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

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

3. Total her routine salaries 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 holiday pay.

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

Bertie does not work a set variety of hours daily or days each week. Her pay varies from week to week, according to the time she has worked. She and her company have actually concurred in writing that she will receive 4 per cent getaway pay on each pay cheque.

1. Bertie’s routine incomes made during the four work weeks before the vacation are $1,500.

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

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

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

Example: When an employee is on a leave

Zoe normally works 5 days a week, making $120 a day. She receives vacation pay before she goes on getaway. 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 gain from the federal Employment Insurance program, however these advantages are not thought about «salaries.»

Zoe is entitled to receive public holiday spend for the general public vacations that fall during her leave as long as she works her last regularly arranged day before her leave and her first frequently scheduled day after her leave, or has reasonable 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 holiday. Her public vacation pay for Canada Day is:

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

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

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

Her public vacation spend for the rest of the public vacations that fall during her leave will be $0. This is since she will not have made any salaries or holiday pay on any of the days throughout the 4 work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene typically works five days a week, making $100 a day. He was placed on temporary layoff on November 15. During his layoff, Eugene was not paid salaries or holiday pay. He received employment insurance benefits during this time, but these advantages are ruled out «salaries.»

Eugene was remembered 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 routinely scheduled day before the layoff and his very first regularly arranged day after the layoff, or has reasonable cause for stopping working to do so.

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

Premium pay

Premium pay is 1 1/2 times a worker’s regular rate of pay. If a staff member is entitled to get premium pay for deal with a public vacation, they should be paid 1 1/2 times their regular rate of spend 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

An alternative 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 vacation.

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

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

Entitlements for public holidays

Entitlements for public vacations vary depending on such things as whether the holiday falls on a working day or a non-working day and whether the worker deals with the holiday. The different entitlements are set out listed below.

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

Most employees have the right to get the public holiday off and employment make money public holiday pay. (Some workers may be needed to deal with a public holiday. See «Special guidelines for certain markets» later in this chapter.)

When a public vacation falls on a staff member’s non-working day or throughout a staff member’s getaway

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

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

– public vacation pay for the general public holiday, if the staff member accepts this digitally or in composing (in this case, the staff member will not be provided a substitute day off).

When a staff member who certifies for the day off has agreed electronically or in composing to work on a public vacation

Most employees have the right to get the general public holiday off and get paid public vacation pay. However, if an employee agrees electronically or in composing to deal with the general public holiday, there are two options:

– the worker is entitled to get regular incomes for all hours dealt with the public vacation, plus an alternative day of rest work with public vacation pay;.
or.

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

Example: Calculating public holiday pay plus premium pay

A public vacation falls on among John-Duncan’s typical working days. He and his company have agreed electronically or in writing that he will deal with the general public vacation and that, rather of getting a substitute holiday, he will be paid public holiday pay plus premium spend for all the hours he works on the vacation.

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

Step 1: calculate public vacation pay:

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

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

3. Combine his total earnings made and employment trip 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: compute superior pay

Finally, the premium pay owing to John-Duncan for his deal with the public holiday 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 privilege is $240.

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

When an employee accepts deal with a public vacation however stops working to do so

If an employee has concurred electronically or in composing to deal with the general public vacation however does not do so – and does not have affordable cause for not having actually done so – the staff member has no right to public vacation pay or to an alternative day off with pay.

However, if the employee has reasonable cause for not working the public holiday, then privileges will depend on which of the 2 options listed below the employee selected in exchange for accepting work on the public vacation:

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

– if the employee had actually concurred electronically 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 spend for the holiday. The worker is not entitled to get any superior pay since they did not perform any deal with the holiday.

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

If an employee has actually concurred digitally or in composing to deal with the public holiday however works just some of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the employee is only entitled to get exceptional spend for each hour dealt with the vacation. The employee has no right to public vacation pay or a substitute day off work.

Example: A common case

Trudi had actually concurred in writing that she would work 8 hours on Canada Day but she just worked four hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled just to premium spend for the 4 hours she worked on the holiday. She is not entitled to public vacation pay or to an alternative day of rest work.

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

– the worker is entitled to their routine rate for all the hours worked plus an alternative day of rest work with public vacation pay;.
or.

– if the employee had actually agreed 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 holiday pay plus premium spend for every hour worked on the vacation.

Special guidelines for certain industries

Special rules use to staff members who work in the list below types of companies:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– hospitals and nursing homes;.

– constant operations (which are operations, or parts of operations, that do not stop or close more than when a week – such as an oil refinery, alarm-monitoring business or the video games part of a casino if the games tables are open all the time).

An employee who operates in any of these services can be required to work on a public holiday without their agreement, however only if the holiday falls on a day that the employee would typically work and the employee is not on vacation.

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

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

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

The company selects which of these will use.

Note that the employer’s ability to require staff members to deal with a public vacation goes through the staff member’s right to take a day off for employment purposes of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s work contract. Note also that certain retail employees who work in continuous operations (for instance, a 24-hour corner store) can refuse to work on a public vacation due to the fact that of the unique rules that apply to some retail workers. See the «Retail workers» chapter of this guide for more details.

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

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

– public vacation pay for the vacation.

The employer picks which option will use.

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

– their regular rate for each hour worked on the holiday plus an alternative vacation with public vacation pay;.
or.

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

The company selects which choice will apply.

A staff member in any of these companies who is required to deal with a public vacation that falls on their regular working day but who fails, without sensible cause, to work part or all of the public vacation is just entitled to get superior pay for each hour dealt with the vacation (if any). The staff member has no right to public holiday pay or an alternative day off work.

Overtime computations when a staff member gets exceptional pay

Any hours worked on a public holiday that are compensated with premium pay are not consisted of when determining whether a worker has actually worked any overtime hours.

If employment ends

Sometimes an employee’s job concerns an end before the staff member can take a substitute holiday with public holiday pay that they have earned. In this case, the employer needs to pay the worker’s public vacation pay at the same time it pays the staff member’s last incomes. This is so regardless of the reason the task concerned an end, whether it is because the worker stopped, was fired for excellent factor, or employment for some other reason.