Qualified Employees Can Be Full-time
Most employees who certify are entitled to take nowadays off work and be paid public holiday pay.
Alternatively, the worker can concur electronically or in composing to deal with the holiday and be paid:
- public vacation pay plus premium pay for all hours worked on the public holiday and not receive another day off (called a "substitute" vacation);.
or.
- be paid their routine salaries for all hours worked on the public vacation and get another replacement vacation for which they should be paid public holiday pay.
Some workers may be required to deal with a public vacation. (See "Special rules for certain markets" later on in this Chapter.) While most employees are qualified for the general public holiday entitlement, some employees operate in tasks that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To determine whether a job is covered, job or if unique guidelines use, please refer to the Guide to employment requirements special rules and exemptions.
Use the Employment Standards Self-Service Tool to inspect compliance with public vacations and other employment requirements privileges.
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 project pay payable to an employee.
While some employers 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 employees carry out more than one kind of work for a company. Some of this work may be covered by the public vacation part of the ESA, while another type of work may be exempt from public vacation protection.
If a staff member performs both sort of work, exempt and covered, they are eligible for the general public vacation entitlement with regard to a specific public holiday if at least half of the work performed in the work week of the public vacation is work that is covered.
Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert's work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.
Receiving public holiday entitlements
Generally, employees receive the public vacation entitlement unless they:
- stop working without affordable cause to work all of their last regularly set up day of work before the public holiday or all of their first frequently scheduled day of work after the general public vacation (this is called the "Last and First Rule");.
or.
- fail without reasonable cause to work their entire shift on the general public vacation if they agreed to or were needed to work that day.
Note: Most staff members who fail to certify for the general public vacation privilege are still entitled to be paid premium pay for every hour they deal with the vacation.
Qualified workers can be full-time, part-time, irreversible or on term agreement. It does not matter how recently they were worked with, or how lots of days they worked before the public holiday.
The "last and first rule"
The "last routinely scheduled day of work before the general public vacation" and the "first regularly arranged day of work after the public vacation" do not need to be the days right before and right after the holiday.
For example, a staff member might not be scheduled to work the day right before or after the vacation. As long as the employee works all of their last regularly 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 satisfy this certifying criterion.
Reasonable cause
A staff member is generally considered to have "reasonable cause" for missing out on work when something beyond their control avoids the worker from working. Employees are accountable for revealing that they had sensible cause for staying away from work. If they can do so, they still get approved for public vacation entitlements.
How the last and first rule works
Rosie's regular work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie's workplace 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 reasonable cause for failing to work either of those days, she certifies to be spent for the vacation.
Example: When a staff member takes a day of rest
A public vacation falls on a Monday, and Lev's work environment closes 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 holiday since he has a personal visit. His employer concurs. Lev's last frequently set up work day before the vacation is now thought about to be on the Wednesday.
If Lev works his whole 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 qualifies for the paid public vacation.
Example: When a worker leaves early
A public vacation falls on a Friday, and Doris's workplace is closed for the vacation. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public holiday. The employer agrees. Doris's regularly scheduled shift on the Thursday before the public holiday is now thought about to be from 9 a.m. to 3 p.m.
. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has reasonable cause for stopping working to do so, she is entitled to the paid public holiday.
Example: When a staff member is on trip
Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last frequently arranged shift before his getaway and first regularly set up shift after his holiday - 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 staff member is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day vacation takes place. If Lydia works her last routinely scheduled day of work before her leave, and her first routinely scheduled day of work after her leave, or has affordable cause for failing to do so, she will be entitled to the paid public holiday.
Example: When there is no affordable cause
A public vacation falls on a Monday, and Ellen's workplace is closed for the holiday. Ellen does not deal with her last scheduled day before the holiday, and she does not have sensible cause for missing that day. She receives no pay for the vacation.
Public holiday pay
The amount of public vacation pay to which a worker is entitled is all of the routine earnings made by the staff member in the four work weeks before the work week with the public vacation plus all of the vacation pay payable to the staff member with respect to the four work weeks before the work week with the public vacation, divided by 20.
When to consist of getaway pay in the calculation of public holiday pay
The quantity of getaway pay payable to include in the computation of public vacation pay depends upon whether the employee is on trip at any time throughout the 4 work weeks prior to the general public vacation, and the manner in which the staff member is to be paid trip pay. Please refer to the Vacation chapter for information on the different methods trip pay can be paid.
Vacation pay payable
If the staff member is to be paid their getaway pay before they take a holiday or on or before the pay day for the period in which the trip falls, vacation pay will be included in the calculation of public vacation pay if the staff member was on getaway throughout that four work week period. If the worker was not on holiday throughout that period, no trip pay will be included in the calculation.
If the worker is to be paid getaway pay with every pay cheque the quantity of holiday pay to include in the calculation of public holiday pay will be at least 4 percent of all of the worker's earnings made throughout the 4 work week period. (Note that if a worker makes a greater portion of trip pay, such as six percent of salaries, then the "vacation pay payable" will be based on that greater percentage.)
If an employee is to get their trip pay in a swelling amount on a particular date or dates, holiday pay will be included in the estimation of public vacation pay just if that date or dates falls throughout the pertinent four work week period.
Calculating the four work week duration before the work week with a public holiday
The four weeks before the general public holiday is based upon 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 backwards from the first Wednesday (the last day of the company's work week) before the work week in which the general 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: Tuesday, December 25
In this example, the routine salaries earned by the employee and the holiday 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 earns $120 a day. She worked her last routinely arranged work day before the public holiday and her very first routinely set up day after the holiday. She receives her vacation pay when her vacation is taken. She was not on trip during the four work weeks leading up to the general public holiday.
1. Calculate Iryna's overall regular wages earned:
$ 120 per day X 5 days = $600 per week
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of routine salaries in the 4 work weeks before the general public vacation.
2. Calculate the amount of vacation pay payable with regard to the 4 work week duration:.
Iryna gets her getaway pay when she takes her trip. Because she was not on holiday during the 4 work week duration, the amount of getaway pay payable with regard to the four work weeks before the public vacation = $0.
3. Combine her total salaries 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 vacation pay.
Example: When getaway time is involved
Brock works 5 days a week and earns $160 a day. He was on holiday for two of the four weeks before the public holiday. He receives getaway pay before he takes his getaway. He is paid $1,600 vacation spend for his 2 weeks of getaway. Brock worked his last routinely arranged work day before the public vacation and his first regularly scheduled work day after the holiday.
1. Calculate Brock's total routine earnings earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the quantity of holiday pay:.
Brock was on trip for two of the 4 work weeks prior to the work week with the general public holiday, and is paid trip pay before he takes his holiday. The quantity of vacation pay payable with respect to the 4 work weeks prior to the work week with the general public holiday = $1,600.
3. Combine his total wages earned and vacation 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 worker works part-time and each pay cheque includes vacation pay
Tegan works three days a week and makes $120 a day. She worked her last frequently set up work day before the public vacation and her very first regularly set up day after the holiday. She and her company have actually concurred in writing that she will get 4 percent trip pay on each paycheque.
1. Calculate Tegan's routine salaries earned:.
$ 120 daily 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 each week.
$ 14.40 per week X 4 weeks = $57.60.
3. Add together her routine wages made and vacation 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 includes trip pay
Bertie does not work a set number of hours daily or days weekly. Her pay varies from week to week, according to the time she has actually worked. She and her employer have actually agreed in composing that she will get 4 percent holiday pay on each pay cheque.
1. Bertie's regular wages earned during the 4 work weeks before the holiday are $1,500.
2. Calculate her getaway pay payable:.
$ 1,500 X 4% = $60.
3. Add together her regular wages 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 worker is on a leave
Zoe typically works five days a week, earning $120 a day. She gets trip pay before she goes on holiday. 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 parental benefits from the federal Employment Insurance program, but these benefits are not thought about "incomes."
Zoe is entitled to receive public holiday pay for the public vacations that fall during her leave as long as she works her last regularly scheduled day before her leave and her first frequently 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 throughout the four work weeks before the Canada Day public holiday. Her public holiday spend for Canada Day is:
- Regular salaries earned: $120 a day X 7 days = $840.
- Vacation pay payable: $0 (she was not on holiday during the 4 work week period).
- Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public vacation spend for the rest of the public vacations that fall throughout her leave will be $0. This is due to the fact that she will not have actually earned any earnings or holiday pay on any of the days throughout the four work weeks before each of those holidays.
Example: When a worker is on a layoff
Eugene typically works 5 days a week, making $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or getaway pay. He got work insurance advantages throughout this time, but these advantages are not considered "salaries."
Eugene was recalled 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 regularly scheduled day before the layoff and his first regularly scheduled day after the layoff, or has affordable cause for stopping working to do so.
However, since Eugene did not make any incomes or getaway pay in the 4 work weeks before those two public vacations, the amount of public holiday pay he is entitled to will be $0.
Premium pay
Premium pay is 1 1/2 times a staff member's regular rate of pay. If a staff member is entitled to receive exceptional spend for work on a public vacation, they need to be paid 1 1/2 times their regular rate of spend for each hour worked.
For example, Nathan's regular rate of pay is $20 an hour. This indicates that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).
Substitute vacation
A replacement 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 a replacement vacation.
A substitute holiday need to be scheduled for a day that is no behind 3 months after the public vacation for which it was made, or, if the worker has actually agreed electronically or in composing, the substitute day off can be scheduled up to 12 months after the public vacation.
If a worker gets a substitute holiday, the company needs to supply the worker with a composed statement that sets out the general public holiday that is being substituted, the date of the alternative holiday, and the date that the statement was provided to the staff member. This statement must be offered to the worker before the general public vacation.
Entitlements for public holidays
Entitlements for public vacations differ depending on such things as whether the vacation falls on a working day or a non-working day and whether the employee works on the vacation. The different privileges are set out listed below.
When a public vacation falls on a working day but the worker does not work
Most employees have the right to get the public holiday off and earn money public holiday pay. (Some employees might be required to work on a public vacation. See "Special rules for particular markets" later on in this chapter.)
When a public holiday falls on a worker's non-working day or throughout an employee's getaway
When a public holiday falls on a day that is not generally a working day for a staff member, or during the worker's getaway, the staff member is entitled to either:
- an alternative holiday off with public holiday pay;.
or.
- public vacation spend for the general public holiday, if the staff member accepts this electronically or in writing (in this case, the worker will not be offered an alternative day off).
When a staff member who qualifies for the day of rest has actually agreed digitally or in composing to work on a public holiday
Most staff members deserve to get the general public vacation off and make money public holiday pay. However, if an employee agrees electronically or in writing to deal with the general public vacation, there are 2 options:
- the worker is entitled to receive regular wages for all hours worked on the general public holiday, plus an alternative day off work with public vacation pay;.
or.
- if the employee concurs digitally or in composing, they are entitled to public holiday spend for the public holiday plus premium pay for all hours worked on the general public holiday. In this case, the employee will not be provided a substitute day off.
Example: Calculating public vacation pay plus premium pay
A public holiday falls on among John-Duncan's regular working days. He and his company have actually concurred electronically or in writing that he will deal with the public vacation which, rather of getting an alternative vacation, he will be paid public holiday pay plus premium pay for all the hours he works on the holiday.
John-Duncan regularly works eight hours a day, five days a week. His regular hourly pay rate is $20. He has actually worked on all his scheduled work days in the four work weeks before the public holiday. He works eight hours on the general public vacation. He receives his holiday pay when his holiday is taken. He was not on trip throughout the four work weeks leading up to the general public vacation
Step 1: calculate public vacation pay:
1. Calculate John-Duncan's overall routine salaries made in the four work weeks before the general public vacation:
8 hours each day X $20 per hour = $160 per day
$ 160 per day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the four work weeks before the public holiday.
2. Calculate the amount 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 vacation throughout the 4 work week duration, the amount of holiday pay payable with respect to the 4 work weeks before the general public vacation = $0.
3. Combine his overall wages earned and holiday pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan's public vacation pay entitlement is $160.
Step 2: determine exceptional pay
Finally, the premium pay owing to John-Duncan for his work on the public holiday 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 privilege is $240.
Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for a total of $400.
When an employee agrees to deal with a public holiday but stops working to do so
If a worker has actually concurred digitally or in writing to work on the public holiday but does not do so - and does not have sensible cause for not having actually done so - the employee has no right to public holiday pay or to a substitute day off with pay.
However, if the employee has affordable cause for not working the general public vacation, then privileges will depend upon which of the two choices listed below the staff member picked in exchange for agreeing to work on the public vacation:
- if the employee had agreed digitally or in composing to deal with the general public vacation for routine earnings plus a substitute day of rest with public vacation pay, the employee is entitled to an alternative day off work with public vacation pay;.
or.
- if the worker had actually concurred digitally or in writing to work on the general public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the vacation. The employee is not entitled to receive any exceptional pay due to the fact that they did not perform any work on the holiday.
When a staff member works just a few of the hours they agreed to deal with a public holiday
If a staff member has actually concurred electronically or in writing to deal with the general public holiday however 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 employee is only entitled to get superior pay for each hour worked on the holiday. The staff member has no right to public holiday pay or an alternative day off work.
Example: A common case
Trudi had concurred in writing that she would work eight hours on Canada Day but she just worked four hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled just to premium spend for the 4 hours she dealt with the vacation. She is not entitled to public holiday pay or to an alternative day off work.
However, if the worker has reasonable cause for working just a few of the hours they accepted deal with the public holiday, then:
- the worker 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 agreed electronically or in composing to deal with the 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 worked on the vacation.
Special rules for certain markets
Special guidelines use to staff members who work in the following types of services:
- hotels, motels and tourist resorts;.
- restaurants and pubs;.
- medical 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 all the time).
A worker who works in any of these services can be required to work on a public holiday without their arrangement, however only if the holiday falls on a day that the staff member would normally work and the staff member is not on holiday.
If a worker is required to work, they are entitled to either:
- their routine rate for the hours dealt with the general public holiday, plus an alternative day of rest deal with public vacation pay;.
or.
- public holiday pay plus premium spend for each hour worked.
The employer selects which of these alternatives will use.
Note that the company's ability to need employees to deal with 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 terms of the staff member's employment agreement. Note likewise that certain retail employees who work in constant operations (for example, a 24-hour corner store) have the right to decline to work on a public holiday because of the special rules that use to some retail employees. See the "Retail employees" chapter of this guide for more details.
A worker in the formerly noted services who is needed to work on a public holiday that falls on their common working day but stops working to do so, with affordable cause, is entitled to:
- a substitute holiday with public holiday pay;.
or.
- public holiday pay for the holiday.
The company selects which choice will use.
A worker in any of these organizations who is needed to deal with a public holiday that falls on their normal working day however who stops working, with affordable cause, to work a few of the hours they were required to deal with the holiday is entitled to either:
- their routine rate for each hour worked on the vacation plus a replacement holiday with public vacation pay;.
or.
- public holiday pay for the vacation plus premium spend for each hour worked.
The company chooses which alternative will use.
A worker in any of these organizations who is required to work on a public holiday that falls on their common working day but who stops working, without sensible cause, to work part or all of the public holiday is only entitled to get premium pay for each hour dealt with the vacation (if any). The staff member has no right to public holiday pay or a substitute day off work.
Overtime computations when a staff member receives premium pay
Any hours dealt with a public vacation that are compensated with superior pay are not included when figuring out whether a staff member has actually worked any overtime hours.
If employment ends
Sometimes an employee's task concerns an end before the staff member can take a replacement vacation with public holiday pay that they have made. In this case, the company needs to pay the employee's public vacation pay at the very same time it pays the staff member's last earnings. This is so despite the factor the task came to an end, whether it is because the worker quit, was fired for great reason, or for some other reason.