Qualified Employees can Be Full-time

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

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

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

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

Some staff members might be required to deal with a public holiday. (See “Special rules for particular industries” later on in this Chapter.) While the majority of staff members are qualified for the public vacation privilege, some staff members work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if unique rules apply, please describe the Guide to work 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 vacation pay” later on in this chapter.

Regular incomes does not include any overtime pay, holiday 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 give their staff members a vacation on Easter Sunday, Easter Monday, the very 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 workers carry out more than one type 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 might be exempt from public holiday protection.

If a staff member performs both sort of work, exempt and covered, they are qualified for the public holiday privilege with regard to a specific public vacation if a minimum of half of the work carried out 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 holiday protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, referall.us 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 qualified for the public vacation privilege for Canada Day.

Qualifying for public vacation entitlements

Generally, staff members get approved for 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 holiday or all of their very first frequently scheduled day of work after the public vacation (this is called the “Last and First Rule”);.
or.

– fail without affordable cause to work their whole shift on the general public vacation if they agreed to or were needed to work that day.

Note: Most staff members who stop working to receive the public holiday privilege are still entitled to be paid superior spend for every hour they work on the vacation.

Qualified staff members can be complete time, part-time, irreversible or on term agreement. It does not matter how just recently they were worked with, or the number of days they worked before the general public holiday.

The “last and first guideline”

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

For example, a worker might not be set up to work the day right before or after the holiday. As long as the employee works all of their last routinely scheduled 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 meet this qualifying criterion.

Reasonable cause

A worker is typically considered to have “reasonable cause” for missing work when something beyond their control avoids the worker from working. Employees are accountable for revealing that they had reasonable cause for remaining away from work. If they can do so, they still qualify for public vacation privileges.

How the last and first guideline works

Rosie’s regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s workplace closes down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the vacation, or has reasonable cause for failing 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 office closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for approval to remove the Thursday before the general public holiday since he has an individual consultation. His company agrees. Lev’s last routinely 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 entire Tuesday shift after the vacation, or has affordable cause for not working either of those days, he receives the paid public vacation.

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the vacation. Doris normally 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 company agrees. Doris’s routinely 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 affordable cause for failing to do so, she is entitled to the paid public vacation.

Example: When a staff member is on vacation

Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last regularly arranged shift before his holiday and first frequently arranged shift after his trip – on June 24 and July 10 – or has sensible cause for failing to do so, he will qualify for the paid public vacation.

Example: When an employee is on a leave or layoff

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

Example: When there is no affordable cause

A public holiday falls on a Monday, and Ellen’s workplace 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 holiday pay

The quantity of public holiday pay to which a worker is entitled is all of the routine incomes earned by the worker in the four work weeks before the work week with the general public vacation plus all of the trip pay payable to the staff member with respect to the 4 work weeks before the work week with the general public vacation, divided by 20.

When to include vacation pay in the computation of public vacation pay

The amount of getaway pay payable to include in the estimation of public holiday pay depends upon whether the staff member is on trip at any time during the 4 work weeks prior to the general public vacation, and the manner in which the worker is to be paid vacation pay. Please refer to the Vacation chapter for info on the different ways vacation pay can be paid.

Vacation pay payable

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

If the employee is to be paid trip pay with every pay cheque the quantity of trip pay to consist of in the computation of public holiday pay will be at least four percent of all of the worker’s salaries made throughout the 4 work week duration. (Note that if a worker earns a higher portion of getaway pay, such as 6 percent of incomes, then the “holiday pay payable” will be based on that greater portion.)

If a staff member is to get their holiday pay in a swelling amount on a particular date or dates, vacation pay will be consisted of in the estimation of public holiday pay just if that date or dates falls during the appropriate 4 work week period.

Calculating the 4 work week duration before the work week with a public vacation

The 4 weeks before the public vacation is based upon the company’s work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that an employer’s work week ranges from Thursday to Wednesday. In this case, the four work weeks utilized to calculate public holiday pay are those 4 weeks counting in reverse from the very first Wednesday (the last day of the employer’s work week) before the work week in which the general 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 routine wages made by the employee and the getaway pay payable to the worker with regard 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 earns $120 a day. She worked her last regularly set up work day before the public holiday and her first routinely set up day after the vacation. She gets her trip pay when her holiday is taken. She was not on holiday during the four work weeks leading up to the general public holiday.

1. Calculate Iryna’s overall routine earnings earned:
$ 120 daily X 5 days = $600 per week
$ 600 per week X 4 work weeks = $2,400.
Iryna made $2,400 of routine salaries in the 4 work weeks before the public holiday.

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

3. Add together her total incomes earned and getaway pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When holiday time is included

Brock works five 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 getaway spend for his two weeks of getaway. Brock worked his last regularly arranged work day before the public holiday and his first frequently scheduled work day after the vacation.

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

2. Calculate the amount of getaway pay:.
Brock was on getaway for 2 of the 4 work weeks prior to the work week with the public vacation, 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 vacation = $1,600.

3. Combine his overall incomes made and getaway 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 an employee works part-time and each pay cheque consists of holiday pay

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

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

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

3. Total her routine wages made and getaway pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque consists of getaway pay

Bertie does not work a set variety of hours daily or days each week. 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 earned during the 4 work weeks before the holiday are $1,500.

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

3. Add together her routine salaries 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 vacation pay.

Example: When an employee is on a leave

Zoe generally works 5 days a week, earning $120 a day. She gets holiday pay before she goes on getaway. 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 incomes or trip pay. She received maternity and parental take advantage of the federal Employment Insurance program, but these benefits are not considered “earnings.”

Zoe is entitled to get public vacation pay for the general public holidays that fall throughout her leave as long as she works her last regularly scheduled day before her leave and her first routinely scheduled day after her leave, or has reasonable cause for failing 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 vacation. Her public vacation spend for Canada Day is:

– Regular wages earned: $120 a day X 7 days = $840.

– Vacation pay payable: $0 (she was not on vacation during the 4 work week period).

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

Her public vacation pay for the remainder of the public vacations that fall throughout her leave will be $0. This is since she will not have earned any wages or vacation pay on any of the days during the four work weeks before each of those vacations.

Example: When a worker is on a layoff

Eugene normally works 5 days a week, earning $100 a day. He was positioned on momentary layoff on November 15. During his layoff, Eugene was not paid incomes or trip pay. He received work insurance coverage benefits throughout this time, but these advantages are not thought about “wages.”

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

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

Premium pay

Premium pay is 1 1/2 times a worker’s routine rate of pay. If an employee is entitled to get exceptional pay for deal with a public holiday, 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 holiday

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 holiday spend for a substitute vacation.

An alternative vacation need to be arranged for a day that is no behind three months after the general public vacation for which it was made, or, if the staff member has actually agreed digitally or in composing, the alternative day off can be arranged as much as 12 months after the public holiday.

If a staff member receives a replacement vacation, the employer must offer the employee with a composed declaration that sets out the public vacation that is being replaced, the date of the substitute holiday, and the date that the declaration was provided to the worker. This statement needs to be provided to the staff member before the public holiday.

Entitlements for public holidays

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

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

Most employees deserve to get the general public holiday off and get paid public holiday pay. (Some staff members might be needed to work on a public vacation. See “Special rules for certain markets” later in this chapter.)

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

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

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

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

When a worker who gets approved for the day of rest has agreed digitally or in composing to deal with a public holiday

Most staff members deserve to get the general public holiday off and get paid public holiday pay. However, if an employee agrees digitally or in writing to deal with the public holiday, there are 2 choices:

– the employee is entitled to receive regular salaries for all hours dealt with the general public holiday, plus an alternative day off work with public holiday pay;.
or.

– if the staff member agrees digitally or in composing, they are entitled to public vacation pay for the general public vacation plus premium spend for all hours dealt with the public holiday. In this case, the worker will not be given a substitute day off.

Example: Calculating public holiday pay plus premium pay

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

John-Duncan frequently works eight hours a day, five days a week. His regular per hour pay rate is $20. He has worked on all his scheduled work days in the 4 work weeks before the public holiday. He works 8 hours on the general public vacation. He gets his vacation pay when his vacation is taken. He was not on vacation during the four work weeks leading up to the general public vacation

Step 1: determine public vacation pay:

1. Calculate John-Duncan’s overall regular incomes made in the 4 work weeks before the general public holiday:
8 hours daily X $20 per hour = $160 per day
$ 160 daily X 5 days = $800 per 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 quantity of getaway pay payable with respect to the four work week duration:.
John-Duncan gets his trip pay when he takes his getaway. Because he was not on vacation throughout the four work week duration, the amount of getaway pay payable with regard to the 4 work weeks before the general public holiday = $0.

3. Add together his total wages made and trip 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: calculate exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with the general public vacation 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 vacation pay of $160 and superior pay of $240, for a total of $400.

When a staff member agrees to deal with a public vacation however stops working to do so

If a worker has agreed electronically or in writing to deal with 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 worker has affordable cause for not working the general public holiday, then entitlements will depend upon which of the two alternatives listed below the staff member chose in exchange for accepting work on the public holiday:

– if the staff member had actually concurred digitally or in writing to work on the public vacation for regular salaries plus a substitute day of rest with public holiday pay, the staff member is entitled to a substitute day off deal with public vacation pay;.
or.

– if the employee had agreed digitally or in writing to work on the public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday spend 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 deal with 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 work on the general public holiday however works only a few of the hours they consented to work, and does not have affordable cause for failing to work all of the hours, the employee is just entitled to get premium pay for each hour dealt with the holiday. The worker has no right to public vacation pay or an alternative day off work.

Example: A common case

Trudi had actually agreed in writing that she would work 8 hours on Canada Day but she just worked 4 hours and did not have reasonable cause for failing to work the other 4 hours. Trudi is entitled just to premium pay for the 4 hours she worked on the holiday. She is not entitled to public holiday pay or to a substitute day of rest work.

However, if the employee has affordable cause for working just some of the hours they accepted work on the general public vacation, then:

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

– if the worker had actually agreed electronically or in writing to work on the public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour worked on the vacation.

Special rules for certain markets

Special rules use to employees who operate in the list below kinds of services:

– hotels, motels and tourist resorts;.

– restaurants and pubs;.

– health centers 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 business or the games part of a casino if the video games tables are open around the clock).

An employee who operates in any of these businesses can be needed to deal with a public holiday without their arrangement, but only if the holiday falls on a day that the worker would typically work and the employee is not on trip.

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

– their routine rate for the hours dealt with the public holiday, plus an alternative day of rest deal with public holiday pay;.
or.

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

The employer selects which of these options will apply.

Note that the company’s ability to need workers to work on a public vacation undergoes the worker’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the employee’s employment contract. Note also that specific retail employees who work in constant operations (for example, a 24-hour benefit store) deserve to refuse 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 for more details.

A worker in the previously noted companies who is required to work on a public vacation that falls on their normal working day however stops working to do so, with affordable cause, is entitled to:

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

– public vacation spend for the holiday.

The company chooses which alternative will use.

An employee in any of these companies who is needed to work on a public holiday that falls on their regular working day however who fails, with affordable cause, to work a few of the hours they were needed to deal with the vacation is entitled to either:

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

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

The employer chooses which choice will use.

A worker in any of these companies who is required to deal with a public vacation that falls on their ordinary working day but who stops working, without sensible cause, to work part or all of the public holiday is just entitled to receive premium spend for each hour worked on the vacation (if any). The employee has no right to public holiday pay or an alternative day off work.

Overtime calculations when a staff member gets exceptional pay

Any hours dealt with a public vacation that are compensated with superior pay are not included when identifying whether a worker has actually worked any overtime hours.

If employment ends

Sometimes a staff member’s job concerns an end before the staff member can take a substitute holiday with public vacation pay that they have earned. In this case, the employer should pay the worker’s public vacation pay at the same time it pays the employee’s last earnings. This is so no matter the factor the task came to an end, whether it is because the worker quit, was fired for good factor, or for some other reason.