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Qualified Employees can Be Full-time

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

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

– public holiday pay plus premium pay for all hours dealt with the public holiday and not get another day of rest (called a “alternative” holiday);.
or.

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

Some workers might be required to work on a public holiday. (See “Special rules for particular markets” later on in this Chapter.) While most employees are qualified for the general public vacation entitlement, some staff members work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To determine whether a job is covered, or if special rules apply, please describe the Guide to work standards unique guidelines and exemptions.

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

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

Regular earnings does not consist of any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to an employee.

While some companies provide their staff members a holiday on Easter Sunday, Easter Monday, the very 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 kind of work may be exempt from public vacation coverage.

If a staff member performs both sort of work, exempt and covered, they are eligible for the general public vacation entitlement with respect to a particular public holiday if at least half of the work performed 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 coverage) and a dispatcher (work that is covered by the public vacation 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 qualified for the general public holiday privilege for Canada Day.

Getting approved for public vacation entitlements

Generally, staff members certify for the general public holiday privilege unless they:

– fail without affordable cause to work all of their last frequently scheduled day of work before the public vacation or all of their first routinely scheduled 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 whole shift on the public vacation if they accepted or were required to work that day.

Note: Most employees who fail to get approved for the general public vacation entitlement are still entitled to be paid exceptional pay for every hour they work on the vacation.

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

The “last and very first rule”

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

For instance, a staff member may not be scheduled to work the day right before or after the vacation. As long as the staff member works all of their last regularly set up shift before the vacation and all of the very first one after it, or has sensible cause for not working either of those days, they meet this qualifying criterion.

Reasonable cause

An employee is normally considered to have “sensible cause” for missing out on work when something beyond their control prevents the staff member from working. Employees are accountable for showing that they had affordable cause for keeping away from work. If they can do so, they still qualify for public holiday privileges.

How the last and first guideline works

Rosie’s regular work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s workplace 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 reasonable cause for failing to work either of those days, she certifies to be paid for the holiday.

Example: When an employee takes a day of rest

A public vacation falls on a Monday, and Lev’s workplace shuts down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for permission to take off the Thursday before the general public vacation due to the fact that he has a personal visit. His employer concurs. Lev’s last routinely set up work day before the holiday is now considered to be on the Wednesday.

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

Example: When a staff member leaves early

A public vacation falls on a Friday, and Doris’s office is closed for the holiday. Doris usually 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 company concurs. Doris’s regularly arranged shift on the Thursday before the public vacation 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 affordable cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When an employee is on trip

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly arranged shift before his trip and very first routinely arranged shift after his trip – on June 24 and July 10 – or has sensible cause for failing to do so, he will get approved 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 occurs. If Lydia works her last routinely arranged day of work before her leave, and her first frequently scheduled day of work after her leave, or has sensible cause for failing 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 work environment is closed for the holiday. Ellen does not work on her last scheduled day before the vacation, and she does not have reasonable cause for missing out on that day. She receives no spend for the vacation.

Public vacation pay

The amount of public holiday pay to which a worker is entitled is all of the routine incomes made by the employee in the 4 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 4 work weeks before the work week with the public vacation, divided by 20.

When to include holiday pay in the computation of public holiday pay

The amount of vacation pay payable to include in the estimation of public holiday pay depends upon whether the worker is on getaway at any time throughout the four work weeks prior to the public holiday, and the way in which the employee is to be paid holiday pay. Please describe the Vacation chapter for details on the different methods vacation pay can be paid.

Vacation pay payable

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

If the employee is to be paid trip pay with every pay cheque the quantity of trip pay to consist of in the computation of public holiday pay will be at least four per cent of all of the worker’s wages earned during the 4 work week period. (Note that if a worker makes a greater portion of vacation pay, such as 6 percent of wages, then the “trip pay payable” will be based on that greater portion.)

If a staff member is to receive their holiday pay in a swelling sum on a specific date or dates, vacation pay will be consisted of in the computation of public vacation pay just if that date or dates falls during the appropriate four work week duration.

Calculating the four work week duration 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 always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that an employer’s work week ranges from Thursday to Wednesday. In this case, the 4 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 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 vacation: Tuesday, December 25

In this example, the routine earnings earned by the employee and the trip pay payable to the staff member with respect to the 4 work weeks from November 22 to December 19 are utilized in the estimation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Combine her total salaries made and vacation 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 holiday time is included

Brock works 5 days a week and earns $160 a day. He was on getaway for two of the 4 weeks before the public holiday. He gets vacation pay before he takes his getaway. He is paid $1,600 vacation pay for his two weeks of holiday. Brock worked his last routinely set up work day before the general public holiday and his very first routinely set up work day after the holiday.

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

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

3. Total his overall earnings earned and getaway 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 frequently set up work day before the public holiday and her very first routinely scheduled day after the vacation. She and her company have concurred in composing that she will get 4 percent trip pay on each paycheque.

1. Calculate Tegan’s routine wages made:.
$ 120 per day X 3 days = $360 weekly.
$ 360 per week X 4 weeks = $1,440.

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

3. Total her routine salaries made 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 consists of trip pay

Bertie does not work a set number of hours daily or days per week. Her pay differs from week to week, according to the time she has worked. She and her company have agreed in composing that she will get four per cent 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 trip pay payable:.
$ 1,500 X 4% = $60.

3. Add together her routine earnings made and holiday pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When an employee is on a leave

Zoe generally 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 adult leave.

During her leaves, she was not paid wages or trip pay. She got maternity and parental benefits from the federal Employment Insurance program, but these advantages are ruled out “earnings.”

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

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

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

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

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

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

Example: When a staff member is on a layoff

Eugene generally works five days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid incomes or trip pay. He got work insurance coverage benefits throughout this time, however these advantages are ruled out “wages.”

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

However, because Eugene did not earn any salaries or vacation pay in the 4 work weeks before those 2 public vacations, the amount of public vacation 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 an employee is entitled to get exceptional spend for work on a public holiday, they need to be paid 1 1/2 times their routine rate of pay for each hour worked.

For example, Nathan’s routine 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 vacation

An alternative vacation is another working day of rest work that is designated to change a public vacation. Employees are entitled to be paid public holiday spend for an alternative vacation.

A replacement holiday must be arranged for a day that is no behind 3 months after the general public vacation for which it was made, or, if the worker has concurred electronically or in composing, the substitute day off can be arranged up to 12 months after the general public holiday.

If a worker gets a replacement holiday, the employer must offer the worker with a composed declaration that sets out the general public holiday that is being replaced, the date of the substitute vacation, and the date that the statement was given to the worker. This declaration must be provided to the employee before the public vacation.

Entitlements for public vacations

Entitlements for public holidays vary depending on such things as whether the holiday 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 staff member does not work

Most employees have the right to get the public vacation off and get paid public vacation pay. (Some employees may be needed to deal with a public holiday. See “Special rules for specific markets” later in this chapter.)

When a public vacation falls on a staff member’s non-working day or during a staff member’s holiday

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

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

– public holiday spend for the public vacation, if the staff member concurs to this digitally or in composing (in this case, the staff member will not be provided an alternative day of rest).

When a staff member who gets approved for the day of rest has concurred electronically or in composing to work on a public holiday

Most staff members can get the general public vacation off and make money public vacation pay. However, if an employee concurs digitally or in composing to work on the public vacation, there are 2 alternatives:

– the employee is entitled to receive regular earnings for all hours dealt with the public holiday, plus a substitute day of rest work with public holiday pay;.
or.

– if the staff member concurs electronically or in writing, they are entitled to public holiday spend for the public holiday plus premium spend for all hours worked on the public holiday. In this case, the staff member will not be offered a substitute day off.

Example: Calculating public vacation pay plus premium pay

A public holiday falls on one of John-Duncan’s regular working days. He and his employer have actually concurred electronically or in writing that he will deal with the public holiday which, instead 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 regularly works eight hours a day, five days a week. His routine per hour pay rate is $20. He has dealt with all his scheduled work days in the 4 work weeks before the public holiday. He works eight hours on the public vacation. He receives his vacation pay when his holiday is taken. He was not on getaway during the 4 work weeks leading up to the general public vacation

Step 1: calculate public holiday pay:

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

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

3. Total his overall wages earned and getaway 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: compute premium pay

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

Result: John-Duncan is entitled to public vacation pay of $160 and exceptional pay of $240, for an overall of $400.

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

If a worker has agreed electronically or in composing to deal with the general public vacation but does refrain from doing so – and does not have affordable cause for somalibidders.com not having actually done so – the employee has no right to public vacation pay or to an alternative day of rest with pay.

However, if the staff member has sensible cause for not working the public holiday, then privileges will depend upon which of the two alternatives listed below the staff member picked in exchange for accepting deal with the general public vacation:

– if the employee had agreed electronically or in composing to deal with the public vacation for routine earnings plus an alternative day off with public vacation pay, the employee is entitled to an alternative day of rest work with public vacation pay;.
or.

– if the staff member had concurred electronically or in writing to work on the public holiday 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 get any exceptional pay since they did not perform any deal with the vacation.

When a worker works only a few of the hours they accepted work on a public vacation

If a worker has agreed electronically or in composing to work on the general public holiday but works only a few of the hours they accepted work, and does not have affordable 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 staff member has no right to public holiday pay or an alternative day of rest work.

Example: A common case

Trudi had concurred in writing that she would work eight hours on Canada Day but she just worked 4 hours and did not have affordable cause for stopping working to work the other four hours. Trudi is entitled just to premium spend for the four hours she dealt with the vacation. She is not entitled to public holiday pay or to a substitute day of rest work.

However, if the employee has affordable cause for referall.us working just some of the hours they accepted deal with the public holiday, then:

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

– if the staff member had concurred electronically or in composing to deal with the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour worked on the vacation.

Special guidelines for specific industries

Special rules apply to employees who operate in the list below kinds of companies:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– health centers and nursing homes;.

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

A staff member who works in any of these companies can be required to work on a public vacation without their agreement, but only if the vacation falls on a day that the worker would usually work and the worker is not on holiday.

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

– their regular rate for the hours worked on the public holiday, plus an alternative day of rest deal with public holiday pay;.
or.

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

The company chooses which of these alternatives will use.

Note that the company’s capability to require workers to work on a public vacation goes through the staff member’s right to take a day off for purposes of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s work agreement. Note likewise that certain retail employees who work in constant operations (for instance, a 24-hour benefit store) can decline to work on a public holiday because of the unique guidelines that apply to some retail employees. See the “Retail employees” chapter of this guide for additional information.

A worker in the previously listed organizations who is required to deal with a public holiday that falls on their common working day however stops working to do so, with affordable cause, is entitled to:

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

– public vacation spend for the holiday.

The company chooses which choice will use.

A staff member in any of these organizations who is required to deal with a public holiday that falls on their regular working day however who stops working, with reasonable cause, to work a few of the hours they were required to deal with the vacation is entitled to either:

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

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

The employer selects which option will apply.

A staff member in any of these organizations who is required 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 general public vacation is only entitled to receive exceptional pay for each hour dealt with the holiday (if any). The employee has no right to public vacation pay or an alternative day of rest work.

Overtime computations when an employee gets superior pay

Any hours worked on a public holiday that are compensated with superior pay are not included when whether an employee has actually worked any overtime hours.

If employment ends

Sometimes an employee’s job concerns an end before the employee can take a substitute vacation with public holiday pay that they have made. In this case, the company needs to pay the worker’s public vacation pay at the exact same time it pays the employee’s final earnings. This is so despite the reason the task concerned an end, whether it is due to the fact that the employee stopped, was fired for good factor, or for some other factor.