Qualified Employees can Be Full-time
Most employees who certify are entitled to take these days off work and employment be paid public pay.
Alternatively, the staff member can concur electronically or in composing to deal with 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” vacation);.
or.
– be paid their regular incomes for all hours worked on the public holiday and receive another alternative holiday for which they need to be paid public vacation pay.
Some staff members might be required to deal with a public vacation. (See “Special guidelines for specific markets” later on in this Chapter.) While a lot of employees are qualified for the public vacation entitlement, some employees work in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To figure out whether a job is covered, or if unique rules apply, please describe the Guide to work standards special rules and exemptions.
Use the Employment Standards Self-Service Tool to inspect compliance with public holidays and other employment requirements entitlements.
See “Public holiday pay” later on in this chapter.
Regular incomes does not include any overtime pay, holiday pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of assignment pay payable to an employee.
While some companies give 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 carry out more than one sort of work for a company. Some of this work may be covered by the public vacation part of the ESA, while another kind of work might be exempt from public holiday coverage.
If a staff member performs both sort of work, exempt and covered, they are qualified for the public vacation entitlement with respect to a particular public vacation if a minimum of half of the work performed in the work week of the general public vacation is work that is covered.
Rupert works for a taxi company as both a taxi cab driver (work that is exempt from public holiday protection) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is eligible for the general public holiday entitlement for Canada Day.
Getting approved for public vacation entitlements
Generally, staff members get approved for the general public vacation entitlement unless they:
– fail without sensible cause to work all of their last frequently set up day of work before the public vacation or all of their first routinely arranged day of work after the general public holiday (this is called the “Last and First Rule”);.
or.
– stop working without reasonable cause to work their whole shift on the public vacation if they agreed to or were needed to work that day.
Note: Most employees who stop working 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 full time, part time, long-term or on term contract. It does not matter how just recently they were worked with, or the number of days they worked before the general public holiday.
The “last and very first guideline”
The “last frequently scheduled day of work before the public holiday” and the “very first routinely arranged day of work after the general public vacation” do not have to be the days right in the past and right after the vacation.
For instance, 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 routinely 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 requirement.
Reasonable cause
A staff member is usually considered to have “sensible cause” for missing out on work when something beyond their control avoids the worker from working. Employees are accountable for revealing that they had reasonable cause for keeping away from work. If they can do so, they still receive public holiday entitlements.
How the last and very first guideline works
Rosie’s routine work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment closes down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the holiday, or has sensible cause for failing to work either of those days, she certifies to be spent for employment the holiday.
Example: When a staff member takes a day of rest
A public vacation falls on a Monday, and Lev’s workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for permission to remove the Thursday before the general public holiday due to the fact that he has a personal appointment. His company agrees. Lev’s last frequently scheduled work day before the holiday is now thought about to be on the Wednesday.
If Lev works his entire Wednesday shift before the holiday and his whole Tuesday shift after the vacation, or has affordable cause for not working either of those days, he qualifies for the paid public holiday.
Example: When a staff member leaves early
A public vacation falls on a Friday, and Doris’s office is closed for the holiday. Doris typically 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 public holiday. The employer concurs. Doris’s regularly scheduled shift on the Thursday before the general 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 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 frequently scheduled shift before his vacation and first frequently scheduled shift after his vacation – on June 24 and employment July 10 – or employment has sensible cause for stopping working 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 holiday occurs. If Lydia works her last routinely set up day of work before her leave, and her very first routinely 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 holiday falls on a Monday, and Ellen’s work environment is closed for the vacation. Ellen does not deal with her last scheduled day before the vacation, and she does not have affordable cause for missing that day. She gets no spend for the holiday.
Public vacation pay
The amount of public vacation pay to which a staff member is entitled is all of the routine wages earned by the employee in the four work weeks before the work week with the general public holiday plus all of the vacation 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 trip pay in the estimation of public vacation pay
The amount of getaway pay payable to include in the estimation of public holiday pay depends on whether the staff member is on getaway at any time throughout the 4 work weeks prior to the public holiday, and the manner in which the staff member is to be paid vacation pay. Please refer to the Vacation chapter for info on the various ways trip pay can be paid.
Vacation pay payable
If the employee is to be paid their trip pay before they take a trip or on or before the pay day for the period in which the vacation falls, holiday pay will be included in the calculation of public vacation pay if the staff member was on holiday during that four work week period. If the worker was not on trip during that duration, no vacation pay will be consisted of in the computation.
If the staff member is to be paid holiday 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 earnings earned during the four work week duration. (Note that if a staff member earns a greater portion of getaway pay, such as six percent of incomes, then the “getaway pay payable” will be based upon that greater portion.)
If a worker is to get their getaway pay in a swelling sum on a particular date or dates, getaway pay will be consisted of in the computation of public holiday pay just 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 holiday
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 a company’s work week ranges from Thursday to Wednesday. In this case, the four work weeks utilized to calculate public holiday pay are those 4 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 regular wages made by the worker and the holiday pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public vacation pay.
Calculating public vacation pay
Iryna works 5 days a week and earns $120 a day. She worked her last routinely scheduled work day before the public vacation and her first frequently arranged day after the holiday. She gets her getaway pay when her vacation is taken. She was not on getaway during the 4 work weeks leading up to the general public vacation.
1. Calculate Iryna’s overall regular incomes earned:
$ 120 daily X 5 days = $600 each week
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of regular wages in the 4 work weeks before the general public vacation.
2. Calculate the amount of vacation pay payable with regard to the four work week duration:.
Iryna gets her trip pay when she takes her trip. Because she was not on holiday during the four work week period, the quantity of holiday pay payable with regard to the four work weeks before the public vacation = $0.
3. Add together her total wages 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 holiday pay.
Example: When getaway time is involved
Brock works 5 days a week and earns $160 a day. He was on getaway for 2 of the four weeks before the public holiday. He receives trip pay before he takes his holiday. He is paid $1,600 vacation pay for his two weeks of getaway. Brock worked his last routinely arranged work day before the general public vacation and his first routinely set up work day after the holiday.
1. Calculate Brock’s overall regular earnings made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the amount of vacation pay:.
Brock was on getaway for 2 of the four work weeks prior to the work week with the public vacation, and is paid vacation pay before he takes his trip. The amount of getaway pay payable with respect to the 4 work weeks prior to the work week with the general public vacation = $1,600.
3. Combine his total earnings earned and vacation 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 an employee works part-time and each pay cheque consists of vacation pay
Tegan works three days a week and makes $120 a day. She worked her last frequently set up work day before the general public holiday and her first routinely arranged day after the vacation. She and her company have actually agreed in composing that she will get four percent trip pay on each paycheque.
1. Calculate Tegan’s routine earnings made:.
$ 120 per day X 3 days = $360 per week.
$ 360 weekly X 4 weeks = $1,440.
2. Calculate her getaway pay payable:.
$ 4.80 per day (4% of $120) X 3 days = $14.40 each week.
$ 14.40 weekly X 4 weeks = $57.60.
3. Add together her routine incomes 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 holiday pay.
Example: When there are no set hours and each pay cheque includes vacation pay
Bertie does not work a set variety 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 company have actually agreed in composing that she will receive 4 percent getaway pay on each pay cheque.
1. Bertie’s routine earnings earned during the four work weeks before the holiday are $1,500.
2. Calculate her holiday pay payable:.
$ 1,500 X 4% = $60.
3. Total her regular salaries made and holiday pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
Result: Bertie is entitled to $78 public holiday pay.
Example: When a staff member is on a leave
Zoe generally works five days a week, earning $120 a day. She gets holiday 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 trip pay. She got maternity and adult gain from the federal Employment Insurance program, but these benefits are ruled out “earnings.”
Zoe is entitled to receive public holiday pay for the general public holidays that fall throughout her leave as long as she works her last regularly scheduled day before her leave and her very first regularly arranged day after her leave, or has sensible cause for stopping working to do so.
Zoe went on leave on June 10 and just worked seven days during the 4 work weeks before the Canada Day public vacation. Her public vacation pay for Canada Day is:
– Regular salaries earned: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on holiday throughout the four work week period).
– Public vacation pay: employment ($ 840 + $0) ÷ 20 = $42 public holiday pay.
Her public holiday spend for the rest of the public holidays that fall during her leave will be $0. This is due to the fact that she will not have actually made any incomes or getaway pay on any of the days during the 4 work weeks before each of those holidays.
Example: When a staff member is on a layoff
Eugene typically works 5 days a week, earning $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or holiday pay. He got employment insurance coverage benefits during this time, but these benefits are not considered “salaries.”
Eugene was remembered to deal with December 27. He is entitled to be paid public holiday spend for Christmas Day and Boxing Day as long as he works his last regularly arranged day before the layoff and his first routinely set up day after the layoff, or has reasonable cause for failing to do so.
However, due to the fact that Eugene did not earn any earnings or vacation pay in the 4 work weeks before those 2 public vacations, the quantity 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 get premium spend for deal with a public vacation, they should be paid 1 1/2 times their routine rate of spend 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 holiday
An alternative vacation 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 substitute vacation.
An alternative holiday need to be scheduled for a day that is no later than 3 months after the public holiday for which it was made, or, if the employee has actually agreed digitally or in writing, the alternative day off can be arranged up to 12 months after the public holiday.
If an employee gets a substitute vacation, the company must provide the worker with a composed declaration that sets out the general public vacation that is being substituted, the date of the replacement holiday, and the date that the statement was provided to the employee. This declaration should be supplied to the employee before the public vacation.
Entitlements for public vacations
Entitlements for public vacations differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the worker works on the vacation. The different privileges are set out below.
When a public holiday falls on a working day but the worker does not work
Most staff members can get the public vacation off and make money public holiday pay. (Some staff members may be needed to work on a public holiday. See “Special guidelines for particular markets” later in this chapter.)
When a public vacation 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 normally a working day for a worker, or throughout the worker’s trip, the staff member is entitled to either:
– a replacement vacation off with public vacation pay;.
or.
– public vacation spend for the public vacation, if the employee consents to this digitally or in composing (in this case, the worker will not be provided an alternative day off).
When an employee who qualifies for the day of rest has concurred digitally or in writing to deal with a public holiday
Most staff members deserve to get the general public vacation off and make money public holiday pay. However, if an employee concurs digitally or in composing to deal with the public holiday, there are 2 alternatives:
– the worker is entitled to get routine earnings for all hours worked on the public holiday, plus an alternative day off deal with public holiday pay;.
or.
– if the staff member concurs electronically or in writing, they are entitled to public holiday spend for the general public vacation plus premium pay for all hours worked on the general public vacation. In this case, the employee will not be given a substitute day off.
Example: Calculating public vacation pay plus premium pay
A public holiday falls on one of John-Duncan’s typical working days. He and his company have actually concurred electronically or in composing that he will work on the general public holiday which, instead of getting a substitute vacation, he will be paid public vacation pay plus premium spend for all the hours he works on the vacation.
John-Duncan frequently works 8 hours a day, 5 days a week. His regular hourly pay rate is $20. He has actually dealt with all his scheduled work days in the 4 work weeks before the public holiday. He works 8 hours on the public vacation. He receives his holiday pay when his vacation is taken. He was not on trip throughout the 4 work weeks leading up to the general public vacation
Step 1: determine public holiday pay:
1. Calculate John-Duncan’s overall routine earnings made in the 4 work weeks before the general public vacation:
8 hours each day X $20 per hour = $160 per day
$ 160 daily X 5 days = $800 weekly
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the general public holiday.
2. Calculate the quantity of holiday pay payable with regard to the 4 work week period:.
John-Duncan gets his getaway pay when he takes his trip. Because he was not on getaway throughout the 4 work week duration, the quantity of vacation pay payable with regard to the four work weeks before the public vacation = $0.
3. Combine his overall salaries earned and trip pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public holiday pay privilege is $160.
Step 2: determine exceptional pay
Finally, the premium pay owing to John-Duncan for his deal with the public vacation is determined:.
$ 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 an overall of $400.
When a worker consents to work on a public holiday however fails to do so
If an employee has actually agreed electronically or in writing to work on the public vacation but does refrain from doing so – and does not have sensible cause for not having done so – the employee has no right to public vacation pay or to a substitute day of rest with pay.
However, if the staff member has reasonable cause for not working the general public holiday, then privileges will depend upon which of the 2 choices listed below the employee chose in exchange for consenting to work on the public vacation:
– if the employee had agreed electronically or in composing to work on the public vacation for regular salaries plus an alternative day of rest with public holiday pay, the employee is entitled to a substitute day off work with public vacation pay;.
or.
– if the worker had actually concurred electronically or in composing to deal with the general public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the vacation. The staff member is not entitled to get any superior pay because they did not carry out any work on the vacation.
When a staff member works only a few of the hours they consented to deal with a public vacation
If a worker has concurred digitally or in composing to deal with the general public holiday but works only a few of the hours they agreed to work, and does not have reasonable cause for stopping working to work all of the hours, the staff member is only entitled to receive premium pay for each hour dealt with the vacation. The worker has no right to public holiday pay or a substitute day of rest work.
Example: A normal case
Trudi had agreed in writing that she would work 8 hours on Canada Day however she only worked four hours and did not have sensible cause for stopping working to work the other four hours. Trudi is entitled just to premium spend for the 4 hours she dealt with the holiday. She is not entitled to public vacation pay or to an alternative day off work.
However, if the employee has reasonable cause for working only some of the hours they agreed to deal with the general public holiday, then:
– the staff member is entitled to their routine rate for all the hours worked plus a substitute day off work with public holiday pay;.
or.
– if the staff member had actually concurred electronically or in composing to work on the public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour worked on the holiday.
Special rules for certain markets
Special rules use to workers who work in the following kinds of services:
– hotels, motels and traveler resorts;.
– dining establishments and pubs;.
– healthcare facilities and retirement home;.
– continuous 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 company or the video games part of a casino if the video games tables are open all the time).
A worker who operates in any of these services can be required to work on a public holiday without their arrangement, but just if the holiday falls on a day that the worker would typically work and the employee is not on getaway.
If a worker is required to work, they are entitled to either:
– their routine rate for the hours worked on the public holiday, plus an alternative day of rest work with public vacation pay;.
or.
– public holiday pay plus premium spend for each hour worked.
The employer selects which of these alternatives will apply.
Note that the company’s capability to need workers to work on a public vacation undergoes the worker’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note likewise that specific 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 special guidelines that apply to some retail workers. See the “Retail workers” chapter of this guide for more details.
A worker in the previously listed organizations who is required to work on a public vacation that falls on their normal working day however stops working to do so, with affordable cause, is entitled to:
– a substitute vacation with public holiday pay;.
or.
– public holiday pay for the holiday.
The employer picks which option will use.
An employee in any of these businesses who is required to work on a public vacation that falls on their regular working day but who stops working, with reasonable cause, to work some of the hours they were required to deal with the holiday is entitled to either:
– their routine rate for each hour worked on the holiday plus a substitute holiday with public vacation pay;.
or.
– public holiday pay for the vacation plus premium pay for each hour worked.
The company chooses which option will use.
An employee in any of these services who is required to work on a public holiday that falls on their normal working day but who fails, without affordable cause, to work part or all of the public vacation is just entitled to get premium pay for each hour worked on the vacation (if any). The employee has no right to public vacation pay or an alternative day of rest work.
Overtime estimations when an employee receives superior pay
Any hours dealt with a public holiday that are compensated with superior pay are not included when identifying whether a staff member has actually worked any overtime hours.
If employment ends
Sometimes a staff member’s job concerns an end before the employee can take a replacement vacation with public holiday pay that they have actually earned. In this case, the company must pay the employee’s public holiday pay at the very same time it pays the employee’s final salaries. This is so despite the reason the task came to an end, whether it is because the worker stopped, was fired for excellent factor, or for some other reason.
