Qualified Employees can Be Full Time

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

Alternatively, the staff member can concur electronically or in composing to deal with the vacation and be paid:

– public holiday pay plus premium spend for all hours worked on the general public holiday and not get another day off (called a «substitute» vacation);.
or.

– be paid their regular earnings for all hours worked on the public holiday and receive another substitute holiday for which they must be paid public holiday pay.

Some employees might be needed to deal with a public holiday. (See «Special rules for specific industries» later in this Chapter.) While a lot of staff members are qualified for the public vacation entitlement, some staff members operate in tasks that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To identify whether a task is covered, or if unique rules apply, please describe the Guide to employment requirements special guidelines and exemptions.

Use the Employment Standards Self-Service Tool to inspect compliance with public holidays and other work requirements privileges.

See «Public holiday pay» later on in this chapter.

Regular wages does not include any overtime pay, getaway pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to a worker.

While some employers offer their staff members a vacation on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

Some employees carry out more than one sort of work for an employer. Some of this work might be covered by the public vacation part of the ESA, while another type of work may be exempt from public vacation protection.

If an employee carries out both type of work, exempt and covered, they are eligible for the general public holiday privilege with respect to a specific public vacation if a minimum of half of the work performed in the work week of the public holiday is work that is covered.

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public vacation coverage) 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 holiday part of the ESA, he is eligible for the privilege for Canada Day.

Getting approved for public vacation entitlements

Generally, workers receive the public vacation entitlement unless they:

– stop working without sensible cause to work all of their last regularly arranged day of work before the general public vacation or all of their very first routinely scheduled day of work after the general public vacation (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 concurred to or were needed to work that day.

Note: Most staff members who stop working to receive the general public vacation entitlement are still entitled to be paid exceptional spend for every hour they deal with the vacation.

Qualified employees can be full time, part-time, permanent or on term agreement. It does not matter how just recently they were employed, or the number of days they worked before the public holiday.

The «last and very first guideline»

The «last routinely set up day of work before the general public holiday» and the «very first regularly arranged day of work after the public vacation» do not have to be the days right previously and right after the vacation.

For instance, a worker may not be set up to work the day right before or after the holiday. As long as the staff member works all of their last routinely set up shift before the holiday and all of the very first one after it, or has reasonable cause for not working either of those days, they fulfill this certifying requirement.

Reasonable cause

A worker is normally considered to have «affordable cause» for missing work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had reasonable cause for staying away from work. If they can do so, they still qualify for public holiday entitlements.

How the last and very first rule works

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

Example: When a worker takes a day off

A public holiday falls on a Monday, and Lev’s office closes down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his employer for permission to remove the Thursday before the general public holiday because he has a personal appointment. His employer concurs. Lev’s last regularly arranged 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 entire Tuesday shift after the vacation, or has affordable cause for not working either of those days, he certifies for the paid public vacation.

Example: When a staff member leaves early

A public vacation falls on a Friday, and Doris’s workplace is closed for the vacation. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the general public holiday. The employer agrees. Doris’s regularly scheduled shift on the Thursday before the public vacation is now considered to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has reasonable cause for stopping working to do so, 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 trip 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 get approved for the paid public vacation.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last frequently set up day of work before her leave, and her very first regularly set up day of work after her leave, or has reasonable cause for failing to do so, she will be entitled to the paid public vacation.

Example: When there is no sensible cause

A public vacation falls on a Monday, and Ellen’s work environment is closed for the holiday. Ellen does not work on her last scheduled day before the holiday, and job she does not have reasonable cause for missing out on that day. She receives no spend for the vacation.

Public holiday pay

The amount of public vacation pay to which a staff member is entitled is all of the regular salaries earned by the worker in the 4 work weeks before the work week with the public holiday plus all of the trip pay payable to the employee with regard to the four work weeks before the work week with the public vacation, divided by 20.

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

The quantity of vacation pay payable to include in the computation of public holiday pay depends upon whether the worker is on trip at any time throughout the four work weeks prior to the public vacation, job and the way in which the employee is to be paid vacation pay. Please refer to the Vacation chapter for information on the different ways getaway pay can be paid.

Vacation pay payable

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

If the staff member is to be paid getaway pay with every pay cheque the quantity of getaway pay to include in the estimation of public vacation pay will be at least 4 percent of all of the employee’s incomes earned throughout the four work week period. (Note that if an employee makes a higher portion of trip pay, such as six percent of incomes, then the «vacation pay payable» will be based upon that higher percentage.)

If an employee is to get their trip pay in a lump amount on a certain date or job dates, getaway pay will be consisted of in the computation of public holiday pay only if that date or dates falls throughout the pertinent 4 work week duration.

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

The four weeks before the general 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 runs from Thursday to Wednesday. In this case, the four work weeks utilized to determine 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: Tuesday, December 25

In this example, the routine wages made by the employee and the getaway pay payable to the staff member with regard to the four work weeks from November 22 to December 19 are utilized in the calculation of public holiday pay.

Calculating public holiday pay

Iryna works five days a week and makes $120 a day. She worked her last routinely arranged work day before the general public holiday and her first regularly scheduled day after the holiday. She gets her vacation pay when her holiday is taken. She was not on vacation during the four work weeks leading up to the general public holiday.

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

2. Calculate the quantity of vacation pay payable with respect to the 4 work week duration:.
Iryna gets her getaway pay when she takes her holiday. Because she was not on trip throughout the four work week period, the amount of vacation pay payable with regard to the four work weeks before the public holiday = $0.

3. Combine her total wages earned and vacation 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 holiday time is involved

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

1. Calculate Brock’s total routine earnings made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Total his total salaries made 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 holiday pay.

Example: When an employee works part-time and each pay cheque includes trip pay

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

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

2. Calculate her holiday 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. Combine her routine incomes made 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 holiday pay.

Example: When there are no set hours and each pay cheque includes holiday pay

Bertie does not work a set number of hours per day or days per week. Her pay varies from week to week, according to the time she has worked. She and her company have agreed in writing that she will receive 4 percent trip pay on each pay cheque.

1. Bertie’s routine wages made throughout the four work weeks before the vacation are $1,500.

2. Calculate her getaway pay payable:.
$ 1,500 X 4% = $60.

3. Total her regular incomes earned and vacation 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 normally works five days a week, making $120 a day. She receives getaway pay before she goes on vacation. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave.

During her leaves, she was not paid wages or getaway pay. She received maternity and job adult advantages from the federal Employment Insurance program, however these benefits are not considered «earnings.»

Zoe is entitled to receive public holiday spend for the public vacations that fall throughout her leave as long as she works her last regularly set up day before her leave and her very first routinely arranged day after her leave, or has affordable cause for failing to do so.

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

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

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

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

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

Example: When a worker is on a layoff

Eugene usually works five days a week, earning $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid incomes or job getaway pay. He got work insurance benefits throughout this time, however these benefits are ruled out «wages.»

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 routinely set up day before the layoff and his first frequently set up day after the layoff, or has sensible cause for failing to do so.

However, because Eugene did not earn any wages or vacation pay in the four 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 exceptional spend for deal with a public holiday, they should be paid 1 1/2 times their regular rate of pay for each hour worked.

For instance, Nathan’s routine rate of pay is $20 an hour. This implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

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

An alternative vacation must be set up for a day that is no later than three months after the general public holiday for which it was made, or, if the employee has actually agreed electronically or in composing, the alternative day of rest can be scheduled up to 12 months after the general public vacation.

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

Entitlements for public holidays

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

When a public vacation falls on a working day however the worker does not work

Most workers can get the public vacation off and make money public vacation pay. (Some employees may be required to deal with a public holiday. See «Special guidelines for certain industries» later on in this chapter.)

When a public holiday falls on an employee’s non-working day or throughout an employee’s holiday

When a public vacation falls on a day that is not ordinarily a working day for a staff member, or throughout the staff member’s getaway, the employee is entitled to either:

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

– public vacation spend for the general public vacation, if the worker agrees to this electronically or in composing (in this case, the employee will not be given an alternative day off).

When an employee who gets approved for the day off has agreed digitally or in writing to deal with a public holiday

Most workers deserve to get the public vacation off and make money public holiday pay. However, if a worker agrees electronically or in writing to work on the general public vacation, there are 2 alternatives:

– the staff member is entitled to get routine wages for all hours dealt with the public vacation, plus a substitute day of rest deal with public holiday pay;.
or.

– if the worker agrees digitally or in composing, they are entitled to public holiday pay for the general public holiday plus premium pay for all hours dealt with the general public vacation. In this case, the staff member will not be provided an alternative day of rest.

Example: Calculating public vacation pay plus premium pay

A public vacation falls on one of John-Duncan’s regular working days. He and his employer have concurred digitally or in composing that he will deal with the general public vacation and that, instead of getting a substitute holiday, he will be paid public vacation pay plus premium spend for all the hours he works on the holiday.

John-Duncan frequently works 8 hours a day, 5 days a week. His regular hourly pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public vacation. He works eight hours on the general public holiday. He receives his vacation pay when his vacation is taken. He was not on getaway throughout the 4 work weeks leading up to the public vacation

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s total regular wages earned in the four work weeks before the public vacation:
8 hours daily X $20 per hour = $160 each day
$ 160 daily X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 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 period:.
John-Duncan gets his vacation pay when he takes his vacation. Because he was not on vacation during the 4 work week period, the quantity of trip pay payable with respect to the 4 work weeks before the public holiday = $0.

3. Add together his overall incomes made and vacation pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public holiday pay entitlement is $160.

Step 2: compute exceptional pay

Finally, the premium pay owing to John-Duncan for his work on the public holiday is computed:.
$ 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 an overall of $400.

When a staff member consents to deal with a public vacation but stops working to do so

If an employee has actually agreed digitally or in writing to work on the general public holiday however does not do so – and does not have affordable cause for not having done so – the worker has no right to public vacation pay or to an alternative day of rest with pay.

However, if the staff member has affordable cause for not working the general public holiday, then entitlements will depend upon which of the 2 options below the worker selected in exchange for accepting deal with the general public vacation:

– if the worker had concurred electronically or in composing to deal with the public holiday for routine salaries plus a substitute day of rest with public vacation pay, the worker is entitled to a substitute day off deal with public holiday pay;.
or.

– if the employee had concurred electronically or in writing 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 spend for the vacation. The worker is not entitled to get any exceptional pay since they did not perform any work on the vacation.

When a worker works only a few of the hours they concurred to work on a public holiday

If a staff member has concurred digitally or in writing to deal with the general public holiday but works just a few of the hours they concurred to work, and does not have sensible cause for stopping working to work all of the hours, the employee is only entitled to get superior pay for each hour dealt with the holiday. The employee has no right to public holiday pay or an alternative day of rest work.

Example: A normal case

Trudi had actually agreed in writing that she would work 8 hours on Canada Day but she only worked four hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled just to premium spend for the 4 hours she worked on the vacation. She is not entitled to public holiday pay or to an alternative day off work.

However, if the employee has reasonable cause for working only a few of the hours they consented to work on the public holiday, then:

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

– if the worker had concurred electronically or in writing to deal with the public vacation for public holiday pay plus premium pay 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 specific markets

Special guidelines use to workers who operate in the following kinds of businesses:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– healthcare facilities and assisted living 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 games part of a casino if the games tables are open around the clock).

A staff member who works in any of these companies can be needed to deal with a public holiday without their arrangement, however just if the vacation falls on a day that the staff member would typically work and the staff member is not on holiday.

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

– their routine rate for the hours worked on the public vacation, plus an alternative day off work with public vacation pay;.
or.

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

The employer chooses which of these alternatives will use.

Note that the company’s capability to require employees to deal with a public vacation is subject to the employee’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 work agreement. Note also that particular retail workers who operate in constant operations (for instance, a 24-hour convenience shop) deserve to decline to work on a public vacation since of the special rules that apply to some retail employees. See the «Retail workers» chapter of this guide to find out more.

A staff member in the previously listed companies who is needed to work on a public vacation that falls on their ordinary working day but stops working to do so, with sensible cause, is entitled to:

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

– public holiday spend for the holiday.

The company selects which alternative will apply.

An employee in any of these businesses who is needed to deal with a public vacation that falls on their common working day but who fails, with reasonable cause, to work a few of the hours they were required to deal with the vacation is entitled to either:

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

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

The employer selects which alternative will use.

An employee in any of these organizations who is needed to deal with a public vacation that falls on their regular working day however who fails, without reasonable cause, to work part or all of the general public holiday is only entitled to get superior pay for each hour worked on the holiday (if any). The worker has no right to public holiday pay or a substitute day off work.

Overtime computations when a staff member receives superior pay

Any hours dealt with a public vacation that are compensated with premium pay are not consisted of when figuring out whether a staff member has actually worked any overtime hours.

If work ends

Sometimes a worker’s task comes to an end before the staff member can take a substitute vacation with public holiday pay that they have actually made. In this case, the company needs to pay the worker’s public vacation pay at the exact same time it pays the worker’s last wages. This is so despite the reason the job concerned an end, whether it is because the worker gave up, was fired for excellent factor, or job for some other reason.