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Qualified Employees can Be Full Time

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

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

– public holiday pay plus premium pay for all hours worked on the general public vacation and not receive another day off (called a “substitute” vacation);.
or.

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

Some workers may be needed to deal with a public vacation. (See “Special rules for particular industries” later on in this Chapter.) While many employees are qualified for the public holiday entitlement, some staff members work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To determine whether a task is covered, or if special guidelines use, job please refer to the Guide to employment requirements special rules and exemptions.

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

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

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

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

Performing both covered and exempt work

Some workers perform more than one kind of work for a company. A few of this work might be covered by the public vacation part of the ESA, while another sort of work may be exempt from public holiday coverage.

If a staff member carries out both sort of work, exempt and covered, they are eligible for the public holiday entitlement with respect to a specific public holiday if a minimum of 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 cab motorist (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is qualified for the general public vacation privilege for Canada Day.

Qualifying for public holiday entitlements

Generally, workers get approved for the general public holiday entitlement unless they:

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

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

Note: Most employees who fail to receive the public vacation privilege are still entitled to be paid superior pay for every hour they work on the holiday.

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 vacation.

The “last and first guideline”

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

For instance, an employee may not be scheduled to work the day right before or after the vacation. As long as the worker works all of their last frequently set up shift before the holiday and all of the very first one after it, or has affordable cause for not working either of those days, they meet this qualifying requirement.

Reasonable cause

A worker is normally thought about to have “reasonable cause” for missing work when something beyond their control prevents the staff member from working. Employees are responsible for showing that they had affordable cause for keeping away from work. If they can do so, they still certify for public vacation entitlements.

How the last and first guideline works

Rosie’s regular work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s office 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 reasonable cause for failing to work either of those days, she qualifies to be paid for the holiday.

Example: When a staff member takes a day of rest

A public vacation falls on a Monday, and Lev’s office closes down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his company for authorization to remove the Thursday before the public vacation due to the fact that he has an individual consultation. His company agrees. Lev’s last frequently arranged work day before the vacation is now considered to be on the Wednesday.

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

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s office is closed for the holiday. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the general public vacation. The employer agrees. Doris’s routinely arranged 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 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 getaway from June 25 to July 9. If George works all of his last frequently scheduled shift before his holiday and first routinely arranged shift after his holiday – on June 24 and July 10 – or has sensible cause for failing to do so, he will receive the paid public vacation.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last regularly set up day of work before her leave, and her very first routinely arranged day of work after her leave, or has affordable 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 vacation. Ellen does not deal with her last scheduled day before the vacation, and she does not have reasonable cause for missing that day. She gets no pay for the vacation.

Public holiday pay

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

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

The quantity of trip pay payable to consist of in the estimation of public vacation pay depends on whether the staff member is on getaway at any time throughout the 4 work weeks prior to the public holiday, and the manner in which the worker is to be paid trip pay. Please describe the Vacation chapter for information on the different methods holiday pay can be paid.

Vacation pay payable

If the worker is to be paid their vacation pay before they take a holiday or on or before the pay day for the period in which the holiday falls, holiday pay will be included in the computation of public vacation pay if the worker 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 computation.

If the worker is to be paid trip pay with every pay cheque the amount of vacation pay to consist of in the calculation of public holiday pay will be at least 4 percent of all of the employee’s earnings earned during the four work week duration. (Note that if a worker earns a greater percentage of getaway pay, such as 6 per cent of earnings, then the “getaway pay payable” will be based upon that higher portion.)

If a staff member is to receive their getaway pay in a swelling amount on a specific date or dates, vacation pay will be included in the computation of public vacation pay only if that date or dates falls throughout the relevant 4 work week period.

Calculating the four work week duration before the work week with a public holiday

The 4 weeks before the general public vacation is based upon the company’s work week and is not necessarily 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 4 work weeks used to compute public holiday pay are those 4 weeks counting backwards from the first Wednesday (the last day of the employer’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, job December 12

– Week 4: Thursday, December 13 – Wednesday, December 19

Public holiday: Tuesday, December 25

In this example, the regular incomes made by the employee and the holiday pay payable to the employee with respect to the four work weeks from November 22 to December 19 are utilized in the computation of public vacation pay.

Calculating public holiday pay

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

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

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

3. Combine her total salaries made and trip 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 vacation time is included

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

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

2. Calculate the quantity of getaway pay:.
Brock was on vacation 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 amount of holiday pay payable with regard to the 4 work weeks prior to the work week with the public holiday = $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 vacation pay.

Example: When a worker works part-time and each pay cheque consists of vacation pay

Tegan works three days a week and earns $120 a day. She worked her last routinely set up work day before the general public vacation and her very first frequently set up day after the vacation. She and her company have actually agreed in composing that she will receive four percent trip pay on each paycheque.

1. Calculate Tegan’s regular salaries made:.
$ 120 each day X 3 days = $360 per week.
$ 360 weekly X 4 weeks = $1,440.

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

3. Total her regular salaries made and vacation 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 holiday pay.

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

Bertie does not work a set number of hours each day or days per week. Her pay differs from week to week, according to the time she has actually worked. She and her company have agreed in composing that she will get four per cent vacation pay on each pay cheque.

1. Bertie’s routine salaries earned throughout the 4 work weeks before the vacation are $1,500.

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

3. Total her regular earnings made and vacation pay payable and divide the amount 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 usually works five days a week, making $120 a day. She receives vacation 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 wages or getaway pay. She maternity and adult gain from the federal Employment Insurance program, but these benefits are ruled out “wages.”

Zoe is entitled to get public vacation spend for the public vacations that fall throughout her leave as long as she works her last regularly arranged day before her leave and her first routinely scheduled day after her leave, or has reasonable cause for stopping working to do so.

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

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

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

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

Her public holiday pay for the rest of the public holidays that fall throughout her leave will be $0. This is since she will not have actually earned any incomes or trip pay on any of the days throughout the 4 work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene usually works 5 days a week, making $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid salaries or vacation pay. He received employment insurance advantages throughout this time, but these advantages are not considered “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 frequently scheduled day before the layoff and his very first frequently arranged day after the layoff, or has sensible cause for stopping working to do so.

However, job because Eugene did not make any salaries or getaway 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 routine rate of pay. If a staff member is entitled to receive superior spend for work on a public vacation, they must 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 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 replacement holiday.

An alternative holiday should be arranged for a day that is no behind three months after the public vacation for which it was made, or, if the employee has agreed electronically or in writing, the substitute day of rest can be scheduled up to 12 months after the general public vacation.

If a staff member gets a replacement vacation, the company needs to supply the staff member with a written statement that sets out the general public holiday that is being substituted, the date of the substitute holiday, and the date that the declaration was provided to the staff member. This statement needs to be provided to the staff member before the general public vacation.

Entitlements for public vacations

Entitlements for public holidays differ 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 different entitlements are set out listed below.

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

Most employees can get the public vacation off and make money public vacation pay. (Some staff members may be needed to work on a public holiday. See “Special rules for specific markets” later in this chapter.)

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

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

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

– public vacation pay for the general public holiday, if the worker agrees to this digitally or in writing (in this case, the employee will not be given an alternative day off).

When a staff member who receives the day of rest has concurred electronically or in composing to deal with a public holiday

Most staff members can get the general public vacation off and make money public holiday pay. However, if a staff member agrees electronically or in writing to deal with the general public vacation, there are 2 choices:

– the staff member is entitled to receive routine incomes for all hours worked on the public holiday, plus an alternative day of rest work with public vacation pay;.
or.

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

Example: Calculating public holiday pay plus premium pay

A public vacation falls on among John-Duncan’s normal working days. He and his company have concurred digitally or in composing that he will work on the general public holiday and that, job rather of getting an alternative vacation, he will be paid public vacation pay plus premium spend 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 worked on all his scheduled work days in the 4 work weeks before the general public vacation. He works eight hours on the general public vacation. He gets his trip pay when his holiday is taken. He was not on trip throughout the 4 work weeks leading up to the public vacation

Step 1: determine public vacation pay:

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

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

3. Total his overall earnings 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 privilege is $160.

Step 2: compute exceptional pay

Finally, the premium pay owing to John-Duncan for his work on the public holiday is calculated:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

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

Result: John-Duncan is entitled to public holiday pay of $160 and exceptional pay of $240, for a total of $400.

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

If a worker has concurred digitally or in composing to work on the general public vacation however does refrain from doing so – and does not have reasonable cause for not having actually done so – the staff member 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 2 alternatives below the staff member chose in exchange for accepting work on the public holiday:

– if the employee had agreed digitally or in composing to deal with the general public vacation for routine salaries plus an alternative day off with public vacation pay, the employee is entitled to a substitute day off deal 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 pay for each hour worked, they are entitled to be paid public holiday pay for the vacation. The employee is not entitled to receive any premium pay due to the fact that they did not perform any work on the vacation.

When a staff member works only some of the hours they accepted work on a public holiday

If a worker has actually concurred digitally or in writing to deal with the general public vacation however works only some of the hours they agreed to work, and does not have sensible cause for stopping working to work all of the hours, the employee is just entitled to get exceptional pay for each hour dealt with the vacation. The staff member has no right to public vacation pay or a substitute day of rest work.

Example: A common case

Trudi had actually agreed in writing that she would work eight hours on Canada Day but she only worked 4 hours and did not have affordable cause for failing 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 an alternative day of rest work.

However, if the worker has affordable cause for working only a few of the hours they consented to deal with the general public vacation, then:

– the worker is entitled to their regular rate for all the hours worked plus a substitute day off deal with public holiday pay;.
or.

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

Special rules for certain industries

Special rules use to employees who work in the list below types of companies:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– health centers and retirement home;.

– continuous operations (which are operations, or parts of operations, that do not stop or close more than as soon as a week – such as an oil refinery, alarm-monitoring company or the games part of a gambling establishment if the video games tables are open around the clock).

An employee who operates in any of these organizations can be required to deal with a public vacation without their agreement, however only if the vacation falls on a day that the employee would generally work and the worker is not on trip.

If an employee is needed to work, they are entitled to either:

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

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

The employer picks which of these options will apply.

Note that the company’s ability to require employees to deal with a public vacation is subject to the employee’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee’s employment agreement. Note likewise that certain retail workers who work in continuous operations (for instance, a 24-hour convenience shop) can decline to work on a public holiday because of the unique guidelines that apply to some retail workers. See the “Retail workers” chapter of this guide for additional information.

An employee in the previously noted companies who is needed to work on a public vacation that falls on their regular working day however fails to do so, with reasonable cause, is entitled to:

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

– public holiday pay for the holiday.

The employer picks which choice will apply.

An employee in any of these businesses who is needed to deal with a public holiday that falls on their ordinary working day however who stops working, with affordable cause, to work some of the hours they were required to deal with the holiday is entitled to either:

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

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

The company selects which alternative will apply.

A staff member in any of these organizations who is needed to work on a public vacation that falls on their regular working day but who stops working, without reasonable cause, to work part or all of the public vacation is just entitled to receive exceptional pay for each hour dealt with the holiday (if any). The worker has no right to public holiday pay or a substitute day off work.

Overtime computations when an employee receives superior pay

Any hours worked on a public vacation that are compensated with exceptional 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 worker can take a replacement vacation with public vacation pay that they have made. In this case, the employer needs to pay the employee’s public holiday pay at the very same time it pays the employee’s last salaries. This is so no matter the reason the job concerned an end, whether it is due to the fact that the staff member stopped, was fired for excellent factor, or for some other factor.