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Qualified Employees can Be Full Time

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

Alternatively, the staff member can concur digitally or in composing to work on the holiday and be paid:

– public vacation pay plus premium pay for all hours worked on the public vacation and not get another day of rest (called a “alternative” vacation);.
or.

– be paid their routine earnings for all hours dealt with the general public vacation and receive another replacement vacation for which they should be paid public vacation pay.

Some employees may be required to deal with a public holiday. (See “Special guidelines for particular industries” later on in this Chapter.) While a lot of workers are eligible for the general public holiday entitlement, some staff members operate in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To figure out whether a task is covered, or if unique rules use, please describe the Guide to employment requirements special rules and exemptions.

Use the Employment Standards Self-Service Tool to check compliance with public vacations and other employment requirements entitlements.

See “Public holiday pay” later on in this chapter.

Regular incomes does not include any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a worker.

While some employers give their employees a holiday on Easter Sunday, Easter Monday, the 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 staff members perform more than one type of work for a company. A few of this work might be covered by the public vacation part of the ESA, employment while another type of work might be exempt from public holiday protection.

If an employee carries out both type of work, exempt and covered, they are qualified for the general public holiday entitlement with regard to a particular public holiday if at least half of the work performed in the work week of the general 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 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 public vacation entitlement for employment Canada Day.

Qualifying for employment public vacation entitlements

Generally, employees receive the public holiday entitlement unless they:

– stop working without affordable cause to work all of their last routinely arranged day of work before the public holiday or all of their first regularly arranged day of work after the public vacation (this is called the “Last and First Rule”);.
or.

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

Note: Most employees who stop working to qualify for the general public holiday privilege are still entitled to be paid premium spend for every hour they deal with the vacation.

Qualified workers 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 vacation.

The “last and first rule”

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

For example, a staff member might not be arranged to work the day right before or after the vacation. As long as the worker works all of their last frequently scheduled shift before the holiday and all of the very first one after it, or has sensible cause for not working either of those days, they meet this qualifying criterion.

Reasonable cause

A worker is generally considered to have “reasonable cause” for missing work when something beyond their control avoids the employee from working. Employees are accountable for revealing that they had reasonable cause for keeping 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 routine 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 vacation, or has affordable cause for stopping working to work either of those days, she certifies to be spent for the vacation.

Example: When a worker takes a day of rest

A public holiday falls on a Monday, and Lev’s workplace closes down for employment that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for authorization to take off the Thursday before the public holiday due to the fact that he has an individual consultation. His company concurs. Lev’s last routinely set up work day before the holiday is now thought about to be on the Wednesday.

If Lev works his entire Wednesday shift before the vacation and his whole Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he receives the paid public holiday.

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the vacation. Doris generally 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 vacation. The company concurs. Doris’s routinely scheduled shift on the Thursday before the general 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 affordable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When an employee is on holiday

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 regularly scheduled shift after his trip – on June 24 and July 10 – or has sensible cause for stopping working to do so, he will get approved for the paid public vacation.

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last frequently scheduled day of work before her leave, and her very first frequently arranged day of work after her leave, or has reasonable cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

A public vacation falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not work on her last scheduled day before the vacation, and she does not have affordable cause for missing that day. She receives no pay for the vacation.

Public vacation pay

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

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

The amount of vacation pay payable to include in the estimation of public vacation pay depends upon whether the employee is on vacation at any time during the 4 work weeks prior to the general public holiday, and the way in which the employee is to be paid vacation pay. Please refer to the Vacation chapter for information on the different methods trip pay can be paid.

Vacation pay payable

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

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

If a worker is to receive their holiday pay in a swelling sum on a certain date or dates, holiday pay will be included in the computation of public holiday pay just if that date or dates falls during the relevant 4 work week period.

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

The 4 weeks before the public holiday is based on the employer’s work week and is not necessarily 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 used to determine public holiday pay are those 4 weeks counting backwards from the first Wednesday (the last day of the company’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 vacation: Tuesday, December 25

In this example, the routine wages earned by the staff member and the trip pay payable to the employee with regard to the four work weeks from November 22 to December 19 are used in the estimation of public vacation pay.

Calculating public holiday pay

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

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

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

3. Combine her total earnings 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 vacation pay.

Example: When holiday time is involved

Brock works 5 days a week and makes $160 a day. He was on vacation for two of the 4 weeks before the public holiday. He receives holiday pay before he takes his trip. He is paid $1,600 getaway pay for his 2 weeks of vacation. Brock worked his last regularly set up work day before the public vacation and his first regularly set up work day after the holiday.

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

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

3. Add together his overall earnings earned and holiday 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 a worker works part-time and each pay cheque consists of holiday pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely scheduled work day before the public vacation and her first regularly arranged day after the vacation. She and her company have agreed in composing that she will receive 4 percent vacation pay on each paycheque.

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

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

3. Add together her routine salaries earned 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 variety of hours daily or days weekly. Her pay varies from week to week, according to the time she has worked. She and her employer have actually agreed in composing that she will receive 4 per cent vacation pay on each pay cheque.

1. Bertie’s regular incomes earned throughout the four work weeks before the vacation are $1,500.

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

3. Total her regular incomes made and getaway pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

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

Example: When a worker is on a leave

Zoe usually works 5 days a week, earning $120 a day. She receives getaway pay before she goes on trip. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave.

During her leaves, she was not paid earnings or getaway pay. She got maternity and adult gain from the federal Employment Insurance program, but these advantages are not thought about “wages.”

Zoe is entitled to receive public vacation spend for the public vacations that fall throughout her leave as long as she works her last frequently arranged 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 only worked 7 days throughout the 4 work weeks before the Canada Day public vacation. Her public vacation pay for Canada Day is:

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

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

– Public holiday 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 made any salaries or vacation pay on any of the days during the four work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene generally works five days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid earnings or vacation pay. He received work insurance coverage advantages throughout this time, however these advantages are not considered “salaries.”

Eugene was recalled to deal with December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last frequently scheduled day before the layoff and his first regularly set up day after the layoff, or has sensible cause for failing to do so.

However, due to the fact that Eugene did not earn any incomes or employment trip pay in the four work weeks before those 2 public holidays, the quantity 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 exceptional pay for deal with a public holiday, they must 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 indicates that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

A substitute holiday is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday pay for a replacement holiday.

An alternative vacation need to be arranged for a day that is no later than three months after the public vacation for which it was earned, or, if the employee has actually agreed digitally or in composing, the substitute day off can be scheduled approximately 12 months after the general public vacation.

If an employee gets an alternative holiday, the company needs to offer the staff member with a composed declaration that sets out the general public holiday that is being substituted, the date of the alternative holiday, and the date that the statement was offered to the employee. This statement needs to be provided to the staff member before the public holiday.

Entitlements for public holidays

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

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

Most workers have the right to get the public vacation off and get paid public vacation pay. (Some workers might be required to deal with a public vacation. See “Special guidelines for certain markets” later on in this chapter.)

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

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

– an alternative vacation off with public vacation pay;.
or.

– public vacation pay for the general public holiday, if the worker accepts this digitally or in composing (in this case, the staff member will not be offered an alternative day off).

When an employee who gets approved for the day of rest has actually agreed electronically or in writing to work on a public holiday

Most workers can get the public vacation off and get paid public holiday pay. However, if an employee agrees digitally or in composing to deal with the public vacation, there are two alternatives:

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

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

Example: Calculating public vacation pay plus premium pay

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

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

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s overall routine incomes made in the 4 work weeks before the public holiday:
8 hours daily X $20 per hour = $160 per day
$ 160 each day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the general public vacation.

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

3. Total his overall earnings made and holiday 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 superior pay

Finally, employment the premium pay owing to John-Duncan for his deal with the general public vacation is calculated:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay entitlement is $240.

Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for an overall of $400.

When an employee accepts work on a public vacation however fails to do so

If a staff member has actually or in composing to work on the public holiday but does refrain from doing so – and does not have reasonable cause for not having done so – the staff member has no right to public holiday pay or to an alternative day off with pay.

However, employment if the employee has sensible cause for not working the general public holiday, then entitlements will depend upon which of the 2 alternatives below the employee chose in exchange for accepting deal with the general public holiday:

– if the worker had concurred electronically or in writing to deal with the general public vacation for regular salaries plus a substitute day of rest with public holiday pay, the staff member is entitled to an alternative day of rest work with public holiday pay;.
or.

– if the employee had agreed digitally 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 spend for the holiday. The employee is not entitled to receive any exceptional pay since they did not perform any work on the holiday.

When an employee works just some of the hours they agreed to work on a public vacation

If an employee has actually agreed electronically or in composing to deal with the public vacation however works just some of the hours they accepted work, and does not have reasonable cause for failing to work all of the hours, the worker is just entitled to receive superior pay for each hour worked on the holiday. The worker has no right to public vacation pay or a substitute day of rest work.

Example: A typical case

Trudi had concurred in writing that she would work 8 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 four hours she worked on the vacation. She is not entitled to public vacation pay or to a substitute day off work.

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

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

– if the employee had concurred digitally or in composing to deal with the public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay plus premium pay for every hour dealt with the vacation.

Special rules for specific markets

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

– hotels, motels and traveler resorts;.

– restaurants and pubs;.

– health centers and assisted living home;.

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

A worker who operates in any of these businesses can be required to deal with a public vacation without their arrangement, but just if the vacation falls on a day that the staff member would generally work and the worker is not on vacation.

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

– their regular rate for the hours worked on the general public holiday, plus a substitute day of rest work with public holiday pay;.
or.

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

The employer picks which of these options will use.

Note that the employer’s ability to need employees to deal with a public vacation goes through the worker’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the staff member’s work contract. Note also that certain retail employees who operate in constant operations (for example, a 24-hour convenience store) can refuse to work on a public vacation since of the unique guidelines that apply to some retail workers. See the “Retail employees” chapter of this guide for additional information.

A staff member in the formerly noted services who is required to deal with a public holiday that falls on their common working day however stops working to do so, with sensible cause, is entitled to:

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

– public vacation pay for the vacation.

The employer chooses which option will apply.

A staff member in any of these organizations who is needed to work on a public holiday that falls on their regular working day but who fails, with sensible cause, to work some of the hours they were required to work on the holiday is entitled to either:

– their regular rate for each hour dealt with the vacation plus a replacement vacation with public vacation pay;.
or.

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

The company chooses which alternative will use.

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

Overtime estimations when an employee receives premium pay

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

If employment ends

Sometimes a staff member’s job pertains to an end before the employee can take a replacement holiday with public vacation pay that they have actually made. In this case, the company should pay the staff member’s public holiday pay at the very same time it pays the worker’s final salaries. This is so despite the factor the task pertained to an end, whether it is because the staff member quit, was fired for great reason, or for some other reason.

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