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Qualified Employees can Be Full-time

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

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

- public vacation pay plus premium spend for all hours worked on the public holiday and job not receive another day off (called a "replacement" vacation);.
or.

- be paid their regular earnings for all hours worked on the general public holiday and get another alternative vacation for which they must be paid public holiday pay.

Some employees might be needed to work on a public vacation. (See "Special rules for particular markets" later on in this Chapter.) While most employees are eligible for the public holiday privilege, some staff members work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To determine whether a job is covered, or if unique rules use, please describe the Guide to employment standards special rules 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 incomes does not include any overtime pay, vacation pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to a worker.

While some companies give their employees a holiday on Easter Sunday, Easter Monday, the 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 carry out more than one sort of work for an employer. A few of this work may be covered by the public vacation part of the ESA, while another sort of work might be exempt from public holiday coverage.

If a staff member carries out both type of work, exempt and covered, they are eligible for the public holiday entitlement with regard to a specific public vacation if at least half of the work performed in the work week of the general public vacation is work that is covered.

Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, 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 public vacation privilege for Canada Day.

Getting approved for public holiday entitlements

Generally, employees get approved for the general public vacation entitlement unless they:

- stop working without sensible cause to work all of their last routinely set up day of work before the general public vacation or all of their very first frequently scheduled day of work after the general public holiday (this is called the "Last and First Rule");.
or.

- fail without affordable cause to work their entire shift on the public holiday if they consented to or were needed to work that day.

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

Qualified workers can be full-time, part time, irreversible or on term contract. It does not matter how recently they were worked with, or how many days they worked before the public holiday.

The "last and first guideline"

The "last frequently scheduled day of work before the general public vacation" and the "first routinely arranged day of work after the general public holiday" do not have to be the days right before and right after the vacation.

For example, an employee may not be arranged to work the day right before or after the vacation. As long as the employee works all of their last routinely arranged shift before the vacation and all of the first one after it, or has reasonable cause for not working either of those days, they satisfy this qualifying criterion.

Reasonable cause

An employee is typically thought about to have "reasonable cause" for missing work when something beyond their control prevents the staff member from working. Employees are responsible for revealing that they had affordable cause for staying away from work. If they can do so, they still get approved for public vacation entitlements.

How the last and first rule works

Rosie's regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie's office shuts down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the holiday, or has sensible cause for failing to work either of those days, she qualifies to be spent for the holiday.

Example: When a worker takes a day off

A public vacation falls on a Monday, and Lev's workplace closes down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his company for authorization to take off the Thursday before the general public vacation due to the fact that he has a personal consultation. His company concurs. Lev's last regularly scheduled 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 whole Tuesday shift after the vacation, or has affordable cause for not working either of those days, he gets approved for the paid public vacation.

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris's workplace is closed for the vacation. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public vacation. The employer agrees. Doris's frequently scheduled shift on the Thursday before the general public holiday 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 stopping working to do so, she is entitled to the paid public holiday.

Example: When an employee is on trip

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last routinely scheduled shift before his vacation and very first regularly set up shift after his holiday - on June 24 and July 10 - or has reasonable cause for stopping working to do so, he will get approved for the paid public vacation.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday 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 stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no reasonable cause

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

Public holiday pay

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

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

The quantity of getaway pay payable to include in the computation of public vacation pay depends upon whether the employee is on trip at any time throughout the 4 work weeks prior to the general public holiday, and the way in which the worker is to be paid vacation pay. Please describe the Vacation chapter for details on the different ways holiday 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 getaway falls, trip pay will be consisted of in the estimation of public holiday pay if the staff member was on vacation throughout that 4 work week duration. If the employee was not on holiday during that period, no getaway pay will be included in the computation.

If the worker is to be paid trip pay with every pay cheque the quantity of vacation pay to consist of in the computation of public vacation pay will be at least four per cent of all of the staff member's incomes made during the four work week duration. (Note that if an employee earns a greater portion of getaway pay, such as six percent of salaries, then the "trip pay payable" will be based upon that higher percentage.)

If an employee is to get their trip pay in a lump amount on a particular date or dates, vacation pay will be included in the computation of public holiday pay only if that date or dates falls during the relevant four work week period.

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

The four 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 a company's work week ranges from Thursday to Wednesday. In this case, the 4 work weeks used to calculate public vacation pay are those 4 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 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 regular incomes made by the staff member and the holiday pay payable to the worker with respect to the four work weeks from November 22 to December 19 are used in the calculation of public holiday pay.

Calculating public vacation pay

Iryna works five days a week and earns $120 a day. She worked her last regularly arranged work day before the general public holiday and her first routinely arranged day after the vacation. She receives her getaway pay when her getaway is taken. She was not on trip during the 4 work weeks leading up to the public holiday.

1. Calculate Iryna's total routine earnings earned:
$ 120 daily X 5 days = $600 each week
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of regular earnings in the four work weeks before the public vacation.

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

3. Total her overall incomes made 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 holiday pay.

Example: When getaway time is included

Brock works 5 days a week and earns $160 a day. He was on trip for 2 of the four weeks before the public vacation. He gets trip pay before he takes his vacation. He is paid $1,600 holiday pay for his 2 weeks of holiday. Brock worked his last regularly scheduled work day before the public vacation and his very first regularly arranged work day after the holiday.

1. Calculate Brock's overall regular wages earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Total his total earnings earned and getaway 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 holiday pay

Tegan works three days a week and makes $120 a day. She worked her last routinely arranged work day before the public vacation and her very first frequently arranged day after the vacation. She and her employer have actually concurred in writing that she will get four percent getaway pay on each paycheque.

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

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

3. Combine her regular earnings earned and getaway 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 getaway pay

Bertie does not work a set variety of hours each day or days each week. Her pay varies from week to week, according to the time she has worked. She and her company have actually concurred in composing that she will get four percent on each pay cheque.

1. Bertie's routine salaries made during the four work weeks before the holiday are $1,500.

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

3. Total her routine earnings earned and getaway pay payable and job 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 typically works 5 days a week, earning $120 a day. She receives getaway 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 salaries or getaway pay. She received maternity and adult take advantage of the federal Employment Insurance program, but these benefits are not considered "salaries."

Zoe is entitled to receive public vacation spend for the general public vacations that fall during her leave as long as she works her last routinely arranged day before her leave and her first routinely scheduled day after her leave, or has sensible 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 holiday pay for Canada Day is:

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

- Vacation pay payable: $0 (she was not on vacation throughout the four work week period).

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

Her public vacation pay for the rest of the public vacations that fall during her leave will be $0. This is because she will not have made any earnings or vacation pay on any of the days during the four work weeks before each of those holidays.

Example: When a staff member is on a layoff

Eugene typically works five days a week, making $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or holiday pay. He got employment insurance advantages during this time, job but these benefits are ruled out "earnings."

Eugene was recalled to deal with December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last frequently arranged day before the layoff and his very first frequently set up day after the layoff, or has reasonable cause for stopping working to do so.

However, because Eugene did not make any wages or holiday pay in the four work weeks before those 2 public vacations, the amount 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 worker is entitled to receive exceptional pay for work on a public vacation, they must be paid 1 1/2 times their regular rate of pay for each hour worked.

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

Substitute holiday

A substitute holiday is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public holiday pay for a substitute holiday.

An alternative vacation should be scheduled for a day that is no behind 3 months after the general public vacation for which it was earned, or, if the employee has actually concurred electronically or in composing, the alternative day off can be scheduled up to 12 months after the general public vacation.

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

Entitlements for public holidays

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 holiday. The various privileges are set out listed below.

When a public vacation falls on a working day but the employee does not work

Most staff members deserve to get the public holiday off and earn money public vacation pay. (Some employees 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 an employee's trip

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

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

- public vacation pay for the general public vacation, if the employee accepts this digitally or in composing (in this case, the staff member will not be offered a substitute day off).

When an employee who receives the day of rest has agreed electronically or in composing to work on a public vacation

Most employees deserve to get the public holiday off and earn money public vacation pay. However, if a staff member concurs electronically or in writing to work on the general public holiday, there are two choices:

- the worker is entitled to receive regular salaries for all hours dealt with the general public holiday, plus an alternative day of rest deal with public vacation pay;.
or.

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

Example: Calculating public vacation pay plus premium pay

A public vacation falls on one of John-Duncan's normal working days. He and his employer have agreed digitally or in composing that he will deal with the general public vacation and that, rather of getting a substitute vacation, he will be paid public vacation pay plus premium pay for all the hours he deals with the holiday.

John-Duncan frequently works 8 hours a day, 5 days a week. His routine per hour pay rate is $20. He has worked on all his scheduled work days in the four work weeks before the public holiday. He works 8 hours on the public holiday. He gets his trip pay when his getaway is taken. He was not on trip throughout the four work weeks leading up to the public vacation

Step 1: calculate public holiday pay:

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

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

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

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

Step 2: calculate premium pay

Finally, the premium pay owing to John-Duncan for his work on 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 entitlement is $240.

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

When an employee consents to deal with a public holiday but fails to do so

If a staff member has concurred electronically or in writing to deal with the public vacation but does not do so - and does not have reasonable cause for not having actually done so - the staff member has no right to public vacation pay or to a substitute day of rest with pay.

However, if the worker has affordable cause for not working the public vacation, then entitlements will depend on which of the 2 options listed below the employee picked in exchange for concurring to deal with the general public holiday:

- if the employee had concurred digitally or in writing to work on the public holiday for regular wages plus a substitute day of rest with public holiday pay, the employee is entitled to an alternative day off deal with public holiday pay;.
or.

- if the worker had concurred digitally or in composing to work on the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the holiday. The worker is not entitled to get any premium pay due to the fact that they did not carry out any deal with the vacation.

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

If an employee has agreed electronically or in composing to deal with the general public holiday but works only some of the hours they consented to work, and does not have sensible cause for stopping working to work all of the hours, the worker is only entitled to receive exceptional spend for each hour dealt with the holiday. The employee has no right to public holiday pay or a substitute day off work.

Example: A typical case

Trudi had concurred in composing that she would work 8 hours on Canada Day however she just worked four hours and did not have affordable cause for failing to work the other 4 hours. Trudi is entitled just to premium pay for the 4 hours she dealt with the vacation. She is not entitled to public vacation pay or to an alternative day of rest work.

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

- the employee is entitled to their regular rate for all the hours worked plus a substitute day off deal with public vacation pay;.
or.

- if the staff member had actually concurred digitally or in composing to deal with the public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour worked on the holiday.

Special rules for particular markets

Special guidelines apply to staff members who operate in the following kinds of businesses:

- hotels, motels and tourist resorts;.

- dining establishments and taverns;.

- hospitals and retirement home;.

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

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

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

- their routine rate for the hours dealt with the general public holiday, plus a substitute day of rest work with public holiday pay;.
or.

- public vacation pay plus premium pay for each hour worked.

The employer selects which of these choices will apply.

Note that the company's ability to need employees to deal with a public holiday is subject to the staff member's right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the staff member's employment contract. Note likewise that certain retail employees who operate in constant operations (for example, a 24-hour convenience store) have the right to decline to work on a public holiday due to the fact that of the unique rules that use to some retail workers. See the "Retail workers" chapter of this guide to learn more.

A worker in the formerly listed businesses who is needed to deal with a public holiday that falls on their common working day but fails to do so, with sensible cause, is entitled to:

- a replacement vacation with public vacation pay;.
or.

- public holiday spend for the vacation.

The employer selects which option will apply.

An employee in any of these services who is required to work on a public vacation that falls on their normal working day but who stops working, with affordable cause, to work some 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 a substitute holiday with public holiday pay;.
or.

- public vacation spend for the vacation plus premium spend for each hour worked.

The company chooses which option will apply.

A worker in any of these businesses who is required to deal with a public vacation that falls on their common working day but who fails, without reasonable cause, to work part or all of the public vacation is only entitled to get premium pay for job each hour worked on the holiday (if any). The worker has no right to public vacation pay or an alternative day off work.

Overtime calculations when a worker receives premium pay

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

If work ends

Sometimes an employee's task pertains to an end before the staff member can take a replacement vacation with public vacation pay that they have actually made. In this case, the employer should pay the employee's public vacation pay at the same time it pays the employee's final incomes. This is so despite the factor the job pertained to an end, whether it is due to the fact that the worker gave up, was fired for good reason, or for some other factor.