Qualified Employees can Be Full-time
Most workers who qualify are entitled to take nowadays 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 pay for all hours worked on the public vacation and not receive another day of rest (called a «substitute» vacation);.
or.
– be paid their regular salaries for all hours worked on the general public holiday and get another replacement holiday for which they must be paid public vacation pay.
Some staff members might be needed to work on a public holiday. (See «Special rules for particular industries» later on in this Chapter.) While the majority of workers are qualified for the general public holiday entitlement, some employees operate in tasks 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 rules use, please refer to the Guide to work requirements unique guidelines and exemptions.
Use the Employment Standards Self-Service Tool to check compliance with public holidays and other employment requirements privileges.
See «Public holiday pay» later on in this chapter.
Regular incomes does not include any overtime pay, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to a staff member.
While some 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 type of work for an employer. A few of this work might be covered by the public vacation part of the ESA, while another sort of work might be exempt from public holiday coverage.
If an employee carries out both kinds of work, exempt and covered, they are qualified for the public vacation entitlement with regard to a particular public vacation if a minimum of half of the work carried out in the work week of the public holiday is work that is covered.
Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public vacation coverage) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, a minimum of 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 entitlement for Canada Day.
Qualifying for public vacation entitlements
Generally, workers receive the public holiday entitlement unless they:
– stop working without reasonable cause to work all of their last routinely scheduled day of work before the general public holiday or all of their very first regularly set up day of work after the general public vacation (this is called the «Last and First Rule»);.
or.
– stop working without sensible cause to work their entire shift on the public vacation if they concurred to or were needed to work that day.
Note: Most employees who fail to get approved for the general public holiday privilege are still entitled to be paid exceptional spend for every hour they deal with the holiday.
Qualified staff members can be full-time, part-time, irreversible or on term contract. It does not matter how just recently they were worked with, or the number of days they worked before the public vacation.
The «last and very first rule»
The «last frequently scheduled day of work before the general public vacation» and the «first regularly set up day of work after the public vacation» do not need to be the days right previously and right after the vacation.
For example, a staff member might not be arranged to work the day right before or after the holiday. As long as the employee works all of their last regularly arranged shift before the vacation and all of the very first one after it, or has reasonable cause for employment not working either of those days, they meet this qualifying requirement.
Reasonable cause
An employee is typically thought about to have «reasonable cause» for missing out on work when something beyond their control avoids the worker from working. Employees are accountable for revealing that they had affordable cause for keeping away from work. If they can do so, they still certify for public vacation entitlements.
How the last and very first guideline works
Rosie’s regular 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 vacation and the Tuesday after the holiday, or has reasonable cause for employment failing to work either of those days, she qualifies to be spent for the vacation.
Example: When a staff member takes a day off
A public vacation falls on a Monday, and Lev’s workplace closes down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his company for consent to remove the Thursday before the public holiday because he has an individual appointment. His employer concurs. Lev’s last regularly scheduled work day before the holiday is now thought about to be on the Wednesday.
If Lev works his whole Wednesday shift before the holiday and his entire Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he receives 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 wishes to leave at 3 p.m. on the Thursday before the public vacation. The company concurs. Doris’s routinely scheduled shift on the Thursday before the 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 sensible cause for stopping working to do so, she is entitled to the paid public vacation.
Example: When a worker is on getaway
Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last routinely arranged shift before his holiday and very first routinely arranged shift after his holiday – on June 24 and July 10 – or has reasonable cause for failing to do so, he will certify for the paid public vacation.
Example: When an employee is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day holiday occurs. If Lydia works her last regularly set up day of work before her leave, and her very first frequently scheduled day of work after her leave, or has affordable cause for failing to do so, she will be entitled to the paid public vacation.
Example: When there is no sensible cause
A public holiday falls on a Monday, and Ellen’s work environment 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 gets no spend for employment the vacation.
Public holiday pay
The amount of public holiday pay to which a worker is entitled is all of the regular incomes made by the worker in the four work weeks before the work week with the general public holiday plus all of the trip pay payable to the staff member with regard to the four work weeks before the work week with the public vacation, divided by 20.
When to include trip pay in the computation of public holiday pay
The amount of trip pay payable to include in the estimation of public vacation pay depends on whether the employee is on getaway at any time during the four work weeks prior to the general public holiday, and the way in which the worker is to be paid getaway pay. Please describe the Vacation chapter for info on the different ways trip pay can be paid.
Vacation pay payable
If the staff member is to be paid their getaway pay before they take a holiday or on or before the pay day for the period in which the getaway falls, holiday pay will be consisted of in the estimation of public holiday pay if the worker was on getaway throughout that four work week duration. If the staff member was not on trip throughout that duration, no trip pay will be included in the computation.
If the worker is to be paid getaway pay with every pay cheque the quantity of getaway pay to consist of in the computation of public holiday pay will be at least 4 per cent of all of the employee’s wages earned during the four work week duration. (Note that if an employee earns a higher portion of vacation pay, such as 6 per cent of wages, then the «getaway pay payable» will be based upon that higher percentage.)
If a worker is to get their getaway pay in a swelling sum on a particular date or dates, holiday pay will be included in the calculation of public holiday pay only if that date or dates falls throughout the relevant four work week duration.
Calculating the four work week period before the work week with a public holiday
The four weeks before the general public vacation is based on the employer’s work week and is not always 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 used to calculate public vacation pay are those four weeks counting in reverse from the very first Wednesday (the last day of the employer’s work week) before the work week in which the 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 incomes made by the employee and the vacation pay payable to the staff member with regard to the four work weeks from November 22 to December 19 are utilized in the computation of public holiday pay.
Calculating public vacation pay
Iryna works five days a week and earns $120 a day. She worked her last routinely set up work day before the public holiday and her very first regularly scheduled day after the holiday. She receives her vacation pay when her holiday is taken. She was not on getaway during the four work weeks leading up to the public vacation.
1. Calculate Iryna’s total routine earnings earned:
$ 120 per day X 5 days = $600 per week
$ 600 each week X 4 work weeks = $2,400.
Iryna earned $2,400 of routine salaries in the 4 work weeks before the public vacation.
2. Calculate the amount of holiday pay payable with respect to the four work week duration:.
Iryna gets her vacation pay when she takes her trip. Because she was not on trip throughout the 4 work week duration, the amount of vacation pay payable with regard to the 4 work weeks before the general public holiday = $0.
3. Combine her overall salaries made and holiday pay payable and divide the amount 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 involved
Brock works five days a week and earns $160 a day. He was on trip for two of the 4 weeks before the general public holiday. He receives vacation pay before he takes his getaway. He is paid $1,600 vacation pay for his 2 weeks of trip. Brock worked his last frequently set up work day before the general public vacation and his very first routinely set up work day after the holiday.
1. Calculate Brock’s overall routine salaries earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.
2. Calculate the amount of getaway pay:.
Brock was on trip for two of the four work weeks prior to the work week with the general public vacation, and is paid vacation pay before he takes his holiday. The quantity 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 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 worker works part-time and each pay cheque consists of trip pay
Tegan works three days a week and makes $120 a day. She worked her last routinely set up work day before the public vacation and her first routinely scheduled day after the vacation. She and her company have concurred in composing that she will get four percent holiday pay on each paycheque.
1. Calculate Tegan’s regular salaries earned:.
$ 120 daily X 3 days = $360 weekly.
$ 360 weekly X 4 weeks = $1,440.
2. Calculate her holiday pay payable:.
$ 4.80 each day (4% of $120) X 3 days = $14.40 per week.
$ 14.40 each week X 4 weeks = $57.60.
3. Combine her routine earnings earned and trip 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 includes holiday 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 actually worked. She and her employer have agreed in composing that she will get four percent trip pay on each pay cheque.
1. Bertie’s regular incomes earned during the four work weeks before the vacation are $1,500.
2. Calculate her getaway pay payable:.
$ 1,500 X 4% = $60.
3. Add together her regular wages earned and vacation pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
Result: Bertie is entitled to $78 public holiday pay.
Example: When a worker is on a leave
Zoe normally works five days a week, earning $120 a day. She gets getaway pay before she goes on trip. 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 salaries or trip pay. She received maternity and parental take advantage of the federal Employment Insurance program, however these advantages are not considered «earnings.»
Zoe is entitled to receive public holiday pay for the public holidays that fall during her leave as long as she works her last routinely set up day before her leave and her very first routinely scheduled day after her leave, or has sensible cause for stopping working to do so.
Zoe went on leave on June 10 and only worked seven days throughout the 4 work weeks before the Canada Day public holiday. Her public holiday pay for Canada Day is:
– Regular incomes earned: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on getaway during the four work week duration).
– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public vacation spend for the rest of the public vacations that fall throughout her leave will be $0. This is due to the fact that she will not have actually earned any wages or getaway pay on any of the days during the four work weeks before each of those holidays.
Example: When a staff member is on a layoff
Eugene typically works five days a week, making $100 a day. He was placed on short-lived layoff on November 15. During his layoff, Eugene was not paid wages or trip pay. He got employment insurance coverage benefits throughout this time, however these benefits are ruled out «incomes.»
Eugene was recalled to deal with December 27. He is entitled to be paid public vacation pay 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 stopping working to do so.
However, since Eugene did not make any incomes or vacation pay in the four 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 a staff member’s routine rate of pay. If a worker is entitled to get exceptional spend for work on a public holiday, they should be paid 1 1/2 times their regular rate of pay for each hour worked.
For instance, Nathan’s regular 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 off work that is designated to replace a public vacation. Employees are entitled to be paid public holiday pay for a substitute holiday.
A substitute holiday need to be arranged for a day that is no behind 3 months after the public holiday for which it was made, or, if the staff member has actually agreed electronically or in writing, the alternative day off can be scheduled as much as 12 months after the general public holiday.
If a staff member gets an alternative holiday, the employer must offer the worker with a composed statement that sets out the general public vacation that is being replaced, the date of the replacement holiday, employment and the date that the declaration was provided to the staff member. This statement needs to be provided to the worker before the general public vacation.
Entitlements for public vacations
Entitlements for public vacations differ depending on such things as whether the holiday 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 vacation falls on a working day but the worker does not work
Most workers deserve to get the general public vacation off and earn money public holiday pay. (Some employees may be required to deal with a public vacation. See «Special rules for particular industries» later in this chapter.)
When a public holiday falls on a staff member’s non-working day or throughout a staff member’s trip
When a public vacation falls on a day that is not generally a working day for a worker, or throughout the employee’s trip, the worker is entitled to either:
– a replacement vacation off with public vacation pay;.
or.
– public vacation spend for the general public vacation, employment if the employee concurs to this electronically or in composing (in this case, the staff member will not be provided an alternative day of rest).
When a worker who receives the day off has actually agreed digitally or in writing to work on a public vacation
Most staff members can get the general public holiday off and earn money public holiday pay. However, if a staff member concurs electronically or in composing to deal with the general public vacation, there are 2 options:
– the staff member is entitled to get routine earnings for all hours worked on the public holiday, plus a substitute day of rest work with public holiday pay;.
or.
– if the worker agrees electronically or in composing, they are entitled to public holiday spend for the general public vacation plus premium spend for all hours worked on the general public holiday. 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 one of John-Duncan’s normal working days. He and his employer have concurred digitally or in composing that he will work on the general public vacation which, rather of getting an alternative vacation, he will be paid public holiday pay plus premium spend for all the hours he works on the holiday.
John-Duncan frequently works eight hours a day, five days a week. His regular hourly pay rate is $20. He has actually dealt with all his scheduled work days in the four work weeks before the public vacation. He works eight hours on the public holiday. He gets his trip pay when his getaway is taken. He was not on getaway during the four work weeks leading up to the public holiday
Step 1: determine public holiday pay:
1. Calculate John-Duncan’s overall regular incomes earned in the 4 work weeks before the general public vacation:
8 hours per day X $20 per hour = $160 per day
$ 160 per day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the four work weeks before the public vacation.
2. Calculate the amount of getaway pay payable with respect to the 4 work week period:.
John-Duncan gets his holiday pay when he takes his vacation. Because he was not on getaway during the four work week duration, the quantity of holiday pay payable with regard to the 4 work weeks before the public holiday = $0.
3. Combine his total wages earned and vacation 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 superior pay
Finally, the premium pay owing to John-Duncan for his deal with the public vacation 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 privilege is $240.
Result: John-Duncan is entitled to public holiday pay of $160 and exceptional pay of $240, for a total of $400.
When a worker agrees to deal with a public vacation but fails to do so
If an employee has actually agreed electronically or in writing to work on the public vacation however does not do so – and does not have sensible cause for not having done so – the worker has no right to public holiday pay or to a substitute day of rest with pay.
However, employment if the staff member has affordable cause for not working the public holiday, then entitlements will depend on which of the two choices below the worker selected in exchange for accepting deal with the public holiday:
– if the employee had actually agreed electronically or in writing to work on the public vacation for regular earnings plus an alternative day off with public holiday pay, the staff member is entitled to an alternative day of rest work with public holiday pay;.
or.
– if the staff member had actually concurred electronically or in writing 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 vacation. The employee is not entitled to receive any superior pay due to the fact that they did not perform any work on the holiday.
When a worker works just a few of the hours they accepted deal with a public holiday
If a worker has actually agreed digitally or in composing to deal with the general public vacation but 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 employee is just entitled to receive premium pay for each hour dealt with the vacation. The worker has no right to public vacation pay or a substitute day off work.
Example: A common case
Trudi had actually agreed in composing that she would work 8 hours on Canada Day however she just worked four hours and did not have sensible cause for stopping working to work the other four hours. Trudi is entitled only to premium spend for the four hours she dealt with the vacation. She is not entitled to public holiday pay or to an alternative day off work.
However, if the employee has reasonable cause for working just a few of the hours they consented to work on the public holiday, then:
– the employee is entitled to their routine rate for all the hours worked plus an alternative day of rest work with public holiday pay;.
or.
– if the staff member had actually agreed digitally or in writing to deal with the public holiday for public holiday pay plus premium spend for employment 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 particular industries
Special rules use to workers who work in the following kinds of businesses:
– hotels, motels and tourist 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 once a week – such as an oil refinery, alarm-monitoring business or the games part of a gambling establishment if the games tables are open all the time).
An employee who operates in any of these organizations can be required to work on a public holiday without their arrangement, but only if the holiday falls on a day that the employee would typically work and the staff member is not on vacation.
If an employee is needed to work, they are entitled to either:
– their routine rate for the hours worked on the general public vacation, plus a substitute day off work with public holiday pay;.
or.
– public vacation pay plus premium pay for each hour worked.
The employer picks which of these choices will apply.
Note that the employer’s capability to require staff members to work on a public vacation undergoes the worker’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the terms of the worker’s employment agreement. Note likewise that particular retail workers who work in continuous operations (for instance, a 24-hour corner store) can decline to work on a public vacation due to the fact that of the unique guidelines that use to some retail workers. See the «Retail employees» chapter of this guide for more details.
A worker in the previously noted businesses who is required to work on a public holiday that falls on their ordinary working day but stops working to do so, with sensible cause, is entitled to:
– an alternative vacation with public vacation pay;.
or.
– public vacation spend for the holiday.
The company picks which choice will apply.
A worker in any of these businesses who is needed to work on a public holiday that falls on their common working day but who stops working, with sensible cause, to work a few of the hours they were needed to deal with the holiday is entitled to either:
– their routine rate for each hour worked on the vacation plus a substitute vacation with public vacation pay;.
or.
– public holiday spend for the vacation plus premium spend for each hour worked.
The employer selects which option will use.
An employee in any of these organizations who is required to deal with a public holiday that falls on their regular working day however who fails, without reasonable cause, to work part or all of the public vacation is just entitled to get superior pay for each hour dealt with the holiday (if any). The staff member has no right to public holiday pay or an day of rest work.
Overtime calculations when an employee receives premium pay
Any hours dealt with a public holiday that are compensated with premium pay are not consisted of when determining whether a worker has worked any overtime hours.
If work ends
Sometimes an employee’s job pertains to an end before the worker can take a substitute holiday with public vacation pay that they have actually made. In this case, the company should pay the employee’s public vacation pay at the exact same time it pays the staff member’s last earnings. This is so despite the factor the task came to an end, whether it is due to the fact that the worker stopped, was fired for great reason, or for some other factor.
