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Qualified Employees can Be Full-time
Most employees who qualify are entitled to take these days off work and be paid public holiday pay.
Alternatively, the worker can concur electronically or in composing to work on the vacation and be paid:
– public vacation pay plus premium pay for all hours worked on the public holiday and not get another day of rest (called a “alternative” vacation);.
or.
– be paid their regular earnings for all hours dealt with the public holiday and receive another substitute vacation for which they should be paid public vacation pay.
Some staff members may be needed to deal with a public holiday. (See “Special guidelines for particular industries” later in this Chapter.) While most staff members are eligible for the general public vacation entitlement, some workers work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To identify whether a job is covered, or if special rules use, please describe the Guide to work standards special rules and exemptions.
Use the Employment Standards Self-Service Tool to examine compliance with public vacations and other employment requirements entitlements.
See “Public vacation pay” later in this chapter.
Regular wages does not consist of any overtime pay, vacation pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to a worker.
While some companies offer their staff members 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 employees carry out 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 may be exempt from public holiday coverage.
If an employee carries out both type of work, employment exempt and covered, they are qualified for the public vacation entitlement with respect to a specific 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 taxi driver (work that is exempt from public vacation coverage) 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 holiday part of the ESA, he is qualified for the public holiday entitlement for Canada Day.
Qualifying for public holiday privileges
Generally, workers receive the public vacation entitlement unless they:
– stop working without reasonable cause to work all of their last routinely set up day of work before the public vacation or all of their very first routinely set up day of work after the public holiday (this is called the “Last and First Rule”);.
or.
– stop working without reasonable cause to work their entire shift on the public holiday if they agreed to or were needed to work that day.
Note: Most workers who stop working to qualify for the general public holiday entitlement are still entitled to be paid premium pay for every hour they work on the vacation.
Qualified workers can be full time, part time, employment long-term or on term agreement. It does not matter how recently they were hired, or how numerous days they worked before the public holiday.
The “last and first guideline”
The “last routinely set up day of work before the public holiday” and the “very first regularly set up day of work after the general public holiday” do not need to be the days right before and right after the holiday.
For instance, a worker might not be set up to work the day right before or after the vacation. As long as the staff member works all of their last routinely set up shift before the vacation and all of the very first one after it, or has affordable cause for not working either of those days, they fulfill this certifying requirement.
Reasonable cause
A worker is typically thought about 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 reasonable cause for staying away from work. If they can do so, they still certify for public vacation 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 office shuts down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the vacation, or has affordable cause for stopping working 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 holiday falls on a Monday, and Lev’s work environment shuts down for that day. Lev routinely works Monday to Thursday. Lev has asked his company for authorization to take off the Thursday before the general public vacation due to the fact that he has a personal consultation. His employer concurs. Lev’s last routinely scheduled work day before the vacation is now thought about to be on the Wednesday.
If Lev works his whole Wednesday shift before the vacation and his whole Tuesday shift after the holiday, or has affordable cause for not working either of those days, he receives 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 frequently scheduled shift on the Thursday before the general public vacation 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 employment has sensible cause for stopping working to do so, she is entitled to the paid public holiday.
Example: When an employee is on vacation
Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last regularly set up shift before his holiday and very first routinely set up shift after his trip – on June 24 and July 10 – or has sensible cause for failing to do so, he will certify for the paid public vacation.
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 regularly scheduled day of work before her leave, and her very first routinely scheduled day of work after her leave, or has reasonable cause for failing to do so, she will be entitled to the paid public holiday.
Example: When there is no sensible cause
A public holiday falls on a Monday, and Ellen’s workplace is closed for the vacation. 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 gets no spend for the holiday.
Public vacation pay
The amount of public vacation pay to which a worker is entitled is all of the routine earnings earned by the worker in the four work weeks before the work week with the public vacation plus all of the getaway pay payable to the employee with regard to the 4 work weeks before the work week with the public holiday, divided by 20.
When to include trip pay in the computation of public vacation pay
The amount of getaway pay payable to include in the computation of public holiday pay depends on whether the worker is on holiday at any time throughout the four work weeks prior to the general public holiday, and the manner in which the employee is to be paid vacation pay. Please refer to the Vacation chapter for information on the various ways trip 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 period in which the vacation falls, getaway pay will be included in the computation of public holiday pay if the worker was on vacation throughout that 4 work week duration. If the staff member was not on getaway throughout that period, no vacation pay will be included in the calculation.
If the worker is to be paid getaway pay with every pay cheque the amount of holiday pay to consist of in the calculation of public vacation pay will be at least 4 per cent of all of the employee’s earnings made throughout the 4 work week duration. (Note that if an employee makes a greater portion of getaway pay, such as 6 per cent of earnings, then the “holiday pay payable” will be based upon that greater portion.)
If a worker is to get their trip pay in a swelling amount on a particular date or dates, holiday pay will be consisted of in the estimation of public vacation pay just if that date or dates falls throughout the relevant four work week period.
Calculating the four work week duration before the work week with a public vacation
The four weeks before the general public holiday is based on the company’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 used to calculate public vacation pay are those four weeks counting in reverse from the 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 holiday: Tuesday, December 25
In this example, the regular earnings earned by the worker and the vacation pay payable to the staff member with regard to the 4 work weeks from November 22 to December 19 are used in the calculation of public holiday pay.
Calculating public holiday pay
Iryna works 5 days a week and makes $120 a day. She worked her last routinely scheduled work day before the general public vacation and her very first frequently set up day after the holiday. She receives her holiday pay when her trip is taken. She was not on holiday throughout the four work weeks leading up to the public vacation.
1. Calculate Iryna’s total regular earnings earned:
$ 120 daily X 5 days = $600 per week
$ 600 each week X 4 work weeks = $2,400.
Iryna earned $2,400 of regular incomes in the 4 work weeks before the general public vacation.
2. Calculate the quantity of vacation pay payable with regard to the four work week duration:.
Iryna receives her vacation pay when she takes her holiday. Because she was not on getaway throughout the 4 work week period, the amount of vacation pay payable with respect to the 4 work weeks before the public holiday = $0.
3. Total her overall wages 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 included
Brock works five days a week and makes $160 a day. He was on holiday for two of the four weeks before the public vacation. He receives vacation pay before he takes his getaway. He is paid $1,600 holiday spend for his two weeks of getaway. Brock worked his last regularly arranged work day before the public vacation and his first frequently set up work day after the vacation.
1. Calculate Brock’s total routine incomes made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the amount of vacation pay:.
Brock was on holiday for 2 of the four work weeks prior to the work week with the general public holiday, and is paid holiday pay before he takes his getaway. The amount of vacation pay payable with respect to the 4 work weeks prior to the work week with the general public holiday = $1,600.
3. Total his total salaries earned and trip payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.
Result: Brock is entitled to $160 public vacation pay.
Example: When a worker 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 general public vacation and her first frequently scheduled day after the vacation. She and her company have agreed in composing that she will get 4 percent vacation pay on each paycheque.
1. Calculate Tegan’s regular salaries earned:.
$ 120 per day X 3 days = $360 per week.
$ 360 per week X 4 weeks = $1,440.
2. Calculate her trip pay payable:.
$ 4.80 per day (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 each week X 4 weeks = $57.60.
3. Combine her regular incomes earned and holiday 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 vacation pay.
Example: When there are no set hours and each pay cheque consists of vacation pay
Bertie does not work a set variety of hours per day or days weekly. Her pay differs from week to week, according to the time she has worked. She and her company have actually agreed in composing that she will receive 4 percent trip pay on each pay cheque.
1. Bertie’s routine incomes made throughout the 4 work weeks before the vacation are $1,500.
2. Calculate her vacation pay payable:.
$ 1,500 X 4% = $60.
3. Add together her regular wages earned 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 receives holiday pay before she goes on getaway. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.
During her leaves, she was not paid salaries or holiday pay. She got maternity and adult benefits from the Insurance program, but these benefits are not considered “earnings.”
Zoe is entitled to receive public holiday spend for the general public holidays that fall during her leave as long as she works her last frequently scheduled day before her leave and her very first frequently scheduled day after her leave, or has affordable cause for failing 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 earnings earned: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on holiday during the 4 work week duration).
– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public vacation pay for the remainder of the public vacations that fall during her leave will be $0. This is due to the fact that she will not have made any salaries or trip pay on any of the days during the four work weeks before each of those holidays.
Example: When an employee is on a layoff
Eugene typically works 5 days a week, earning $100 a day. He was placed on short-lived layoff on November 15. During his layoff, Eugene was not paid salaries or holiday pay. He received employment insurance advantages throughout this time, however these advantages are not thought about “incomes.”
Eugene was remembered to deal with December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last frequently scheduled day before the layoff and his first frequently arranged day after the layoff, or has sensible cause for stopping working to do so.
However, due to the fact that Eugene did not make any wages or getaway pay in the four work weeks before those two public holidays, the amount of public vacation pay he is entitled to will be $0.
Premium pay
Premium pay is 1 1/2 times a worker’s regular rate of pay. If a staff member is entitled to get superior spend for deal with a public vacation, 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 suggests that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).
Substitute vacation
A replacement holiday is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public vacation spend for an alternative vacation.
A replacement vacation need to be scheduled for a day that is no behind 3 months after the general public holiday for which it was made, or, if the staff member has agreed digitally or in composing, the substitute day of rest can be arranged as much as 12 months after the general public holiday.
If a worker gets an alternative vacation, the employer needs to offer the worker with a composed statement that sets out the general public holiday that is being replaced, the date of the alternative vacation, and the date that the statement was provided to the employee. This declaration needs to be provided to the staff member before the public holiday.
Entitlements for public holidays
Entitlements for public holidays vary depending upon such things as whether the holiday falls on a working day or a non-working day and whether the employee deals with the holiday. The various entitlements are set out below.
When a public vacation falls on a working day however the staff member does not work
Most workers deserve to get the general public holiday off and earn money public vacation pay. (Some staff members might be needed to work on a public vacation. See “Special guidelines for certain industries” later in this chapter.)
When a public holiday falls on a worker’s non-working day or during an employee’s vacation
When a public vacation falls on a day that is not generally a working day for a worker, or during the worker’s trip, the employee is entitled to either:
– a substitute vacation off with public vacation pay;.
or.
– public holiday spend for the general public holiday, if the employee agrees to this digitally or in writing (in this case, the employee will not be offered a substitute day of rest).
When a staff member who qualifies for the day off has actually concurred digitally or in writing to deal with a public holiday
Most workers can get the general public holiday off and earn money public holiday pay. However, if an employee concurs electronically or in writing to deal with the public holiday, there are two alternatives:
– the worker is entitled to receive regular incomes for all hours worked on the public vacation, plus a substitute day off deal with public holiday pay;.
or.
– if the employee concurs electronically or in writing, they are entitled to public holiday pay for the public vacation plus premium spend for all hours dealt with the general public vacation. In this case, the staff member will not be given a substitute day of rest.
Example: Calculating public vacation pay plus premium pay
A public vacation falls on among John-Duncan’s typical working days. He and his employer have actually concurred electronically or in writing that he will deal with the general public holiday and that, rather of getting an alternative holiday, employment he will be paid public vacation pay plus premium pay for all the hours he deals with the vacation.
John-Duncan routinely works 8 hours a day, 5 days a week. His regular per hour pay rate is $20. He has worked on all his scheduled work days in the four work weeks before the public vacation. He works eight hours on the general public holiday. He receives his getaway pay when his getaway is taken. He was not on getaway throughout the four work weeks leading up to the general public holiday
Step 1: calculate public holiday pay:
1. Calculate John-Duncan’s overall routine wages earned in the four work weeks before the general public vacation:
8 hours each day X $20 per hour = $160 each day
$ 160 each day X 5 days = $800 weekly
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the public vacation.
2. Calculate the amount of trip pay payable with respect to the four work week duration:.
John-Duncan receives his getaway pay when he takes his vacation. Because he was not on trip during the four work week duration, the quantity of trip pay payable with respect to the 4 work weeks before the public vacation = $0.
3. Combine his overall salaries 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 privilege is $160.
Step 2: compute premium 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 privilege is $240.
Result: John-Duncan is entitled to public vacation pay of $160 and premium pay of $240, for an overall of $400.
When an employee accepts deal with a public holiday however stops working to do so
If a staff member has concurred electronically or in composing to deal with the public holiday however does refrain from doing so – and does not have reasonable cause for not having done so – the worker has no right to public holiday pay or to a substitute day off with pay.
However, if the worker has reasonable cause for not working the general public holiday, then entitlements will depend on which of the two choices below the staff member chose in exchange for consenting to deal with the general public holiday:
– if the employee had agreed electronically or in writing to work on the public vacation for routine earnings plus an alternative day off with public holiday pay, the worker is entitled to an alternative day off work with public holiday pay;.
or.
– if the worker had actually concurred digitally or in composing to deal with the general public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the holiday. The staff member is not entitled to receive any premium pay due to the fact that they did not carry out any work on the vacation.
When a worker works just some of the hours they accepted work on a public vacation
If a staff member has actually agreed digitally or in writing to deal with the general public vacation but works only some of the hours they agreed to work, and does not have affordable cause for failing to work all of the hours, the staff member is only entitled to receive premium spend for each hour dealt with the vacation. The worker has no right to public holiday pay or a substitute day off work.
Example: A common case
Trudi had agreed in writing that she would work eight hours on Canada Day but she only worked four hours and did not have affordable cause for failing to work the other four 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 an alternative day off work.
However, if the staff member has affordable cause for working just some of the hours they concurred 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 worker had agreed digitally or in writing to work on the general public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour dealt with the holiday.
Special guidelines for particular industries
Special guidelines apply to employees who operate in the following types of businesses:
– hotels, motels and traveler resorts;.
– dining establishments and taverns;.
– healthcare facilities and nursing homes;.
– 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 company or the video games part of a gambling establishment if the games tables are open around the clock).
A worker who operates in any of these companies can be required to deal with a public vacation without their arrangement, but just if the holiday falls on a day that the staff member would generally work and the employee is not on getaway.
If an employee is required to work, they are entitled to either:
– their routine rate for the hours dealt with the public vacation, plus an alternative day of rest deal with public holiday pay;.
or.
– public vacation pay plus premium pay for each hour worked.
The employer chooses which of these choices will apply.
Note that the employer’s capability to require workers to work on a public vacation is subject to the staff member’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the employee’s employment agreement. Note likewise that particular retail employees who operate 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 rules that apply to some retail employees. See the “Retail workers” chapter of this guide for more details.
A staff member in the previously noted businesses who is needed to work on a public holiday that falls on their normal working day but fails to do so, with sensible cause, is entitled to:
– an alternative holiday with public holiday pay;.
or.
– public vacation pay for the vacation.
The company selects which option will use.
An employee in any of these companies who is needed to work on a public holiday that falls on their normal working day however who stops working, with sensible 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 dealt with the vacation plus a replacement vacation with public vacation pay;.
or.
– public vacation pay for the holiday plus premium spend for each hour worked.
The company chooses which alternative will apply.
A staff member in any of these businesses who is needed to work on a public vacation that falls on their regular working day but who fails, without affordable cause, to work part or all of the public vacation is only entitled to get exceptional pay for each hour dealt with the vacation (if any). The employee has no right to public vacation pay or a substitute day of rest work.
Overtime calculations when a staff member receives superior pay
Any hours worked on a public holiday that are compensated with superior pay are not included when determining whether a staff member has worked any overtime hours.
If employment ends
Sometimes a staff member’s task pertains to an end before the staff member can take an alternative holiday with public holiday pay that they have earned. In this case, the employer needs to pay the employee’s public vacation pay at the same time it pays the staff member’s final wages. This is so despite the reason the job concerned an end, whether it is because the employee stopped, employment was fired for excellent reason, or for some other factor.