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Qualified Employees can Be Full-time

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

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

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

– be paid their regular salaries for all hours dealt with the public holiday and receive another substitute holiday for which they must be paid public holiday pay.

Some staff members might be required to work on a public holiday. (See “Special guidelines for particular markets” later in this Chapter.) While many employees are qualified for the general public vacation entitlement, some employees operate in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To figure out whether a job is covered, or if special rules use, please describe the Guide to work requirements special 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, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of assignment pay payable to a worker.

While some companies provide their employees a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.

Performing both covered and exempt work

Some workers 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 sort of work might be exempt from public vacation coverage.

If an employee performs both kinds of work, exempt and covered, they are eligible for the public holiday 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 business as both a taxi cab driver (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 vacation privilege for Canada Day.

Receiving public vacation entitlements

Generally, employees receive the public holiday privilege unless they:

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

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

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

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

The “last and very first guideline”

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

For example, an employee might not be arranged to work the day right before or job after the holiday. As long as the staff member works all of their last frequently arranged shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they meet this certifying requirement.

Reasonable cause

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

How the last and very first guideline works

Rosie’s routine work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s work environment shuts down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the holiday, or has sensible cause for failing to work either of those days, she certifies to be paid for the holiday.

Example: When an employee takes a day off

A public vacation falls on a Monday, and Lev’s work environment shuts down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for authorization to take off the Thursday before the general public holiday due to the fact that he has an individual visit. His company 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 whole Tuesday shift after the vacation, or has sensible cause for not working either of those days, he receives the paid public holiday.

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s workplace is closed for the holiday. Doris normally works from 9 a.m. to 5 p.m., job Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public vacation. The company agrees. Doris’s frequently arranged shift on the Thursday before the general public holiday is now considered to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has affordable cause for failing to do so, job 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 frequently scheduled shift before his getaway and first frequently scheduled shift after his vacation – on June 24 and July 10 – or has reasonable 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 takes place. If Lydia works her last routinely arranged day of work before her leave, and her very first frequently set up 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 affordable cause

A public vacation 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 sensible cause for missing out on 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 made by the worker in the 4 work weeks before the work week with the general public vacation plus all of the vacation pay payable to the staff member with regard to the four work weeks before the work week with the general public holiday, divided by 20.

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

The amount of vacation pay payable to include in the estimation of public vacation pay depends on whether the employee is on trip 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 trip pay. Please refer to the Vacation chapter for details on the different ways vacation pay can be paid.

Vacation pay payable

If the employee is to be paid their getaway pay before they take a vacation 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 holiday pay if the worker was on getaway throughout that four work week duration. If the worker was not on trip during that duration, no getaway pay will be consisted of in the estimation.

If the staff member is to be paid trip pay with every pay cheque the amount of trip pay to consist of in the calculation of public holiday pay will be at least 4 percent of all of the worker’s incomes earned throughout the 4 work week duration. (Note that if an employee makes a greater percentage of getaway pay, such as 6 per cent of incomes, then the “getaway pay payable” will be based on that higher percentage.)

If an employee is to receive their getaway pay in a lump amount on a specific date or dates, vacation pay will be consisted of in the calculation of public holiday pay only if that date or dates falls during the relevant four work week duration.

Calculating the four work week duration before the work week with a public vacation

The four weeks before the 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 4 work weeks utilized to calculate public vacation pay are those four weeks counting backwards from the very first Wednesday (the last day of the company’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 holiday: job Tuesday, December 25

In this example, the routine incomes made by the employee and the getaway pay payable to the worker with respect to the four work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

Calculating public holiday pay

Iryna works 5 days a week and makes $120 a day. She worked her last frequently arranged work day before the general public holiday and her very first routinely arranged day after the holiday. She receives her getaway pay when her vacation is taken. She was not on holiday throughout the 4 work weeks leading up to the public vacation.

1. Calculate Iryna’s overall routine salaries made:
$ 120 each day X 5 days = $600 per week
$ 600 weekly X 4 work weeks = $2,400.
Iryna made $2,400 of routine wages 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 period:.
Iryna gets her trip pay when she takes her getaway. Because she was not on holiday during the four work week period, the amount of vacation pay payable with regard to the four work weeks before the general public vacation = $0.

3. Combine her total incomes made and trip pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public vacation pay.

Example: When vacation time is included

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

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

2. Calculate the amount of holiday pay:.
Brock was on trip 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 vacation. The quantity of holiday pay payable with respect to the four work weeks prior to the work week with the public holiday = $1,600.

3. Total his total earnings made 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 vacation pay.

Example: When a staff member works part-time and each pay cheque consists of holiday pay

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

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

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

3. Add together her regular wages earned and getaway 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 number of hours per day or days weekly. Her pay varies from week to week, according to the time she has worked. She and her employer have actually agreed in composing that she will receive 4 per cent vacation 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 trip pay payable:.
$ 1,500 X 4% = $60.

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

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

Example: When a worker is on a leave

Zoe typically works 5 days a week, earning $120 a day. She receives holiday pay before she goes on holiday. 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 earnings or holiday pay. She got maternity and parental take advantage of the federal Employment Insurance program, however these advantages are not thought about “incomes.”

Zoe is entitled to get public holiday spend for the general public holidays that fall throughout her leave as long as she works her last frequently arranged day before her leave and her very first routinely arranged 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 four work weeks before the Canada Day public holiday. Her public vacation spend for Canada Day is:

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

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

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

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

Example: When a staff member is on a layoff

Eugene usually works 5 days a week, making $100 a day. He was positioned on short-term layoff on November 15. During his layoff, Eugene was not paid wages or vacation pay. He got employment insurance benefits throughout this time, but these benefits are ruled out “salaries.”

Eugene was 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 routinely arranged day before the layoff and his first regularly set up day after the layoff, or has affordable cause for failing to do so.

However, since Eugene did not make any wages or holiday pay in the 4 work weeks before those 2 public holidays, the amount of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times an employee’s regular rate of pay. If a staff member is entitled to 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 instance, 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 off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday spend for an alternative vacation.

A substitute vacation should be scheduled for a day that is no behind 3 months after the public holiday for which it was made, or, if the worker has concurred digitally or in writing, the alternative day of rest can be arranged as much as 12 months after the public vacation.

If a staff member receives a replacement vacation, the employer should offer the staff member with a composed declaration that sets out the public holiday that is being substituted, the date of the alternative vacation, and the date that the declaration was offered to the employee. This statement should be offered to the worker before the public holiday.

Entitlements for public vacations

Entitlements for public vacations differ depending upon such things as whether the holiday falls on a working day or a non-working day and whether the staff member deals with the holiday. The different privileges are set out below.

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

Most staff members can get the general public holiday off and earn money public vacation pay. (Some workers might be required to deal with a public vacation. See “Special guidelines for particular industries” later in this chapter.)

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

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

– a substitute vacation off with public holiday pay;.
or.

– public vacation pay for the general public holiday, if the worker concurs to this electronically or in writing (in this case, the staff member will not be provided a substitute day of rest).

When a staff member who receives the day of rest has agreed electronically or in writing to deal with a public vacation

Most employees can get the general public vacation off and job make money public holiday pay. However, if a worker concurs digitally or in writing to work on the public vacation, there are 2 alternatives:

– the staff member is entitled to get routine salaries for all hours worked on the public holiday, plus an alternative day off work with public holiday pay;.
or.

– if the employee agrees electronically or in writing, they are entitled to public vacation spend for the public holiday plus premium pay for all hours dealt with the public holiday. In this case, the staff member will not be offered a substitute day of rest.

Example: Calculating public vacation pay plus premium pay

A public vacation falls on one of John-Duncan’s normal working days. He and his employer have actually concurred electronically or in writing that he will deal with the public holiday which, rather of getting an alternative holiday, he will be paid public holiday pay plus premium spend for all the hours he deals with the vacation.

John-Duncan regularly works 8 hours a day, 5 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 vacation. He works 8 hours on the public holiday. He gets his holiday pay when his getaway is taken. He was not on vacation throughout the 4 work weeks leading up to the general public holiday

Step 1: determine public vacation pay:

1. Calculate John-Duncan’s total regular incomes earned in the four work weeks before the general public holiday:
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 four work weeks before the public holiday.

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

3. Combine his overall salaries made and holiday pay and divide the sum 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 work on 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 entitlement is $240.

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

When an employee accepts work on a public holiday but stops working to do so

If a worker has agreed electronically or in writing to work on the general 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 holiday pay or to a substitute day off with pay.

However, if the staff member has affordable cause for not working the general public holiday, then privileges will depend on which of the 2 options below the employee selected in exchange for concurring to deal with the public holiday:

– if the employee had agreed digitally or in writing to work on the public vacation for regular earnings plus a substitute day off with public vacation pay, the worker is entitled to an alternative day off work with public holiday pay;.
or.

– if the employee had concurred digitally or in composing to work on the general public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the holiday. The employee is not entitled to receive any premium pay because they did not perform any work on the holiday.

When an employee works just some of the hours they accepted work on a public holiday

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

However, if the employee has affordable cause for working just some of the hours they consented to deal with the general public vacation, then:

– the staff member is entitled to their regular rate for all the hours worked plus a substitute day of rest work with public holiday pay;.
or.

– if the worker had actually concurred electronically or in composing to deal with the public vacation 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 dealt with the vacation.

Special rules for specific industries

Special guidelines apply to employees who operate in the following kinds of organizations:

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

An employee who works in any of these services can be required to deal with a public holiday without their contract, but only if the vacation falls on a day that the worker would normally work and the worker is not on getaway.

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

– their regular rate for the hours dealt with the public vacation, plus an alternative day off work with public holiday pay;.
or.

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

The employer chooses which of these alternatives will use.

Note that the company’s capability to need workers to work on a public vacation undergoes the employee’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the employee’s employment agreement. Note also that certain retail employees who operate in continuous operations (for instance, a 24-hour corner store) have the right to refuse to work on a public holiday due to the fact that of the unique rules that apply to some retail workers. See the “Retail workers” chapter of this guide for additional information.

A staff member in the previously noted businesses who is required to deal with a public holiday that falls on their ordinary working day however stops working to do so, with reasonable cause, is entitled to:

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

– public vacation pay for the vacation.

The company selects which alternative will use.

A staff member in any of these companies who is required to deal with a public vacation that falls on their ordinary working day but who fails, with reasonable cause, to work some of the hours they were required to work on the vacation is entitled to either:

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

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

The employer picks which choice will use.

An employee in any of these services who is needed to deal with a public holiday that falls on their ordinary working day but who stops working, without affordable cause, to work part or all of the general public vacation is just entitled to receive superior spend for each hour dealt with the vacation (if any). The worker has no right to public holiday pay or an alternative day off work.

Overtime computations when a worker gets premium pay

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

If employment ends

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