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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 holiday pay.

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

- public holiday pay plus premium pay for all hours dealt with the general public holiday and not receive another day off (called a "alternative" vacation);.
or.

- be paid their regular salaries for all hours dealt with the public holiday and receive another replacement holiday for which they must be paid public holiday pay.

Some staff members may be needed to work on a public holiday. (See "Special guidelines for certain industries" later in this Chapter.) While most employees are eligible for the general public holiday privilege, some workers operate in tasks that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if unique rules use, please refer to the Guide to employment requirements unique guidelines and exemptions.

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

See "Public vacation pay" later on in this chapter.

Regular wages does not include any overtime pay, trip pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of task pay payable to a worker.

While some employers offer their staff members a vacation 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 staff members carry out more than one sort of work for an employer. 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 vacation protection.

If an employee performs both type of work, exempt and covered, they are qualified for the public vacation entitlement with respect to a specific public holiday if at least 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 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, a minimum of half of Rupert's work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is eligible for the general public vacation privilege for Canada Day.

Qualifying for public vacation privileges

Generally, employees receive the public vacation entitlement unless they:

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

- fail without reasonable cause to work their entire shift on the general public holiday if they accepted or were required to work that day.

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

Qualified employees can be complete time, part time, irreversible or on term contract. It does not matter how just recently they were worked with, or the number of days they worked before the public vacation.

The "last and very first guideline"

The "last routinely arranged day of work before the general public holiday" and the "very first regularly arranged day of work after the general public holiday" do not have to be the days right in the past and right after the holiday.

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

Reasonable cause

An employee is typically thought about to have "reasonable cause" for missing work when something beyond their control avoids the staff member from working. Employees are accountable for revealing that they had reasonable cause for keeping away from work. If they can do so, they still receive public holiday entitlements.

How the last and first rule works

Rosie's routine work week runs from Monday to Thursday. A public holiday 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 affordable cause for stopping working to work either of those days, she certifies to be paid for the vacation.

Example: When a staff member takes a day off

A public vacation falls on a Monday, and Lev's work environment shuts down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for approval to remove the Thursday before the general public vacation due to the fact that he has a personal appointment. His employer concurs. Lev's last routinely 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 entire Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he certifies for the paid public holiday.

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris's workplace is closed for the holiday. Doris normally works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the general public holiday. The company agrees. Doris's routinely set up shift on the Thursday before the public vacation 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 reasonable cause for failing to do so, she is entitled to the paid public vacation.

Example: When a worker is on holiday

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

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last routinely set up day of work before her leave, and her 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 reasonable cause

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

Public vacation pay

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

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

The amount of holiday pay payable to consist of in the computation of public holiday pay depends on whether the staff member is on holiday at any time during the 4 work weeks prior to the public vacation, employment and the manner in which the worker is to be paid trip pay. Please describe the Vacation chapter for information on the different ways vacation 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 period in which the vacation falls, holiday pay will be consisted of in the estimation of public vacation pay if the worker was on vacation throughout that four work week period. If the staff member was not on holiday throughout that duration, no trip pay will be included in the computation.

If the employee is to be paid getaway pay with every pay cheque the quantity of holiday pay to include in the computation of public vacation pay will be at least four per cent of all of the staff member's salaries earned throughout the 4 work week period. (Note that if a staff member makes a greater portion of vacation pay, such as 6 per cent of salaries, then the "holiday pay payable" will be based on that higher percentage.)

If a worker is to receive their vacation pay in a lump sum on a particular date or dates, trip pay will be consisted of in the computation of public vacation pay only if that date or dates falls during the pertinent 4 work week period.

Calculating the 4 work week period before the work week with a public holiday

The four weeks before the public holiday is based on the employer's work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that an employer's work week runs from Thursday to Wednesday. In this case, the 4 work weeks utilized to determine public holiday pay are those four 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 regular earnings made by the worker and the holiday pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are used in the estimation of public vacation pay.

Calculating public vacation pay

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

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

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

3. Total her overall earnings earned 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 getaway time is involved

Brock works five days a week and makes $160 a day. He was on holiday for two of the four weeks before the general public vacation. He gets trip pay before he takes his getaway. He is paid $1,600 vacation pay for his two weeks of getaway. Brock worked his last regularly scheduled work day before the public holiday and his very first frequently arranged 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 getaway for two of the four work weeks prior to the work week with the public holiday, and is paid trip pay before he takes his holiday. The amount of getaway pay payable with regard to the 4 work weeks prior to the work week with the public holiday = $1,600.

3. Total his overall incomes earned 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 holiday pay.

Example: When a worker works part-time and each pay cheque includes getaway pay

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

1. Calculate Tegan's regular salaries earned:.
$ 120 daily X 3 days = $360 per week.
$ 360 weekly X 4 weeks = $1,440.

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

3. Combine her routine salaries earned 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 holiday pay.

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

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

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

2. Calculate her vacation 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 holiday pay.

Example: When an employee is on a leave

Zoe normally works five days a week, making $120 a day. She gets holiday pay before she goes on vacation. 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 salaries or vacation pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these advantages are ruled out "incomes."

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

Zoe went on leave on June 10 and just worked seven 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 getaway during the 4 work week period).

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

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

Example: When a worker is on a layoff

Eugene generally works 5 days a week, earning $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid earnings or getaway pay. He got employment insurance coverage advantages throughout this time, however these benefits are not considered "incomes."

Eugene was recalled to work on 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 affordable cause for stopping working to do so.

However, since Eugene did not make any incomes or getaway 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 routine rate of pay. If a worker is entitled to get exceptional spend for work on a public vacation, they should be paid 1 1/2 times their routine rate of spend for each hour worked.

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

Substitute vacation

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

A replacement vacation should be arranged for a day that is no behind three months after the general public holiday for which it was earned, or, if the staff member has actually agreed electronically or in composing, the alternative day of rest can be arranged up to 12 months after the general public vacation.

If a worker gets an alternative vacation, the company must offer the worker with a written declaration that sets out the general public vacation that is being replaced, the date of the replacement holiday, and the date that the statement was offered to the employee. This statement should be supplied to the employee before the public vacation.

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 worker deals with the vacation. The various entitlements are set out below.

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

Most employees have the right to get the general public vacation off and earn money public holiday pay. (Some workers may be needed to work on a public holiday. See "Special rules for specific industries" later in this chapter.)

When a public vacation falls on a staff member's non-working day or throughout an employee's getaway

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

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

- public holiday spend for the public holiday, if the worker agrees to this digitally or in composing (in this case, the staff member will not be given a substitute day off).

When a worker who qualifies for the day of rest has actually concurred digitally or in writing to work on a public holiday

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

- the worker is entitled to get routine salaries for all hours dealt with the general public vacation, plus a substitute day of rest deal with public vacation pay;.
or.

- if the employee concurs electronically or in writing, they are entitled to public vacation spend for the public vacation plus premium spend for all hours worked on the public holiday. In this case, the employee will not be provided a substitute day off.

Example: Calculating public holiday pay plus premium pay

A public holiday falls on one of working days. He and his company have actually agreed digitally or in writing that he will deal with the public holiday which, rather of getting an alternative vacation, he will be paid public holiday pay plus premium spend for all the hours he deals with the holiday.

John-Duncan routinely works 8 hours a day, 5 days a week. His regular per hour pay rate is $20. He has dealt with all his scheduled work days in the 4 work weeks before the public holiday. He works eight hours on the general public vacation. He receives his getaway pay when his vacation is taken. He was not on trip during the four work weeks leading up to the general public holiday

Step 1: calculate public vacation pay:

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

3. Combine his total incomes earned and getaway pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: calculate premium pay

Finally, the premium pay owing to John-Duncan for his work on the general 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 vacation pay of $160 and employment exceptional pay of $240, for an overall of $400.

When a worker accepts work on a public holiday but fails to do so

If an employee has actually agreed digitally or in writing to work on the public holiday however does refrain from doing so - and does not have affordable cause for not having actually done so - the staff member has no right to public vacation pay or to an alternative day off with pay.

However, employment if the employee has affordable cause for not working the public holiday, then entitlements will depend on which of the 2 alternatives below the worker picked in exchange for agreeing to work on the public holiday:

- if the staff member had agreed digitally or in composing to deal with the public holiday for routine earnings plus an alternative day off with public vacation pay, the employee is entitled to a substitute day off deal with public holiday pay;.
or.

- if the employee had actually concurred electronically or in writing to work on the public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay for the vacation. The staff member is not entitled to receive any exceptional pay due to the fact that they did not carry out any deal with the holiday.

When a worker works just some of the hours they consented to work on a public vacation

If a worker has concurred digitally or in writing to work on the public holiday but works just some of the hours they consented to work, and does not have affordable cause for stopping working to work all of the hours, the employee is only entitled to receive superior spend for each hour worked on the holiday. The worker has no right to public vacation pay or an alternative day of rest work.

Example: A typical case

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

However, if the worker has affordable cause for working only some of the hours they accepted work on the public holiday, then:

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

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

Special rules for specific industries

Special guidelines use to employees who operate in the list below types of services:

- hotels, motels and traveler resorts;.

- dining establishments and pubs;.

- health centers and nursing homes;.

- continuous 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 games tables are open around the clock).

An employee who works in any of these organizations can be needed to work on a public holiday without their agreement, however just if the holiday falls on a day that the employee would generally work and the worker is not on vacation.

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

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

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

The company chooses which of these alternatives will apply.

Note that the employer's capability to need employees to work on a public vacation is subject to the worker'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 employee's employment contract. Note likewise that specific retail workers who work in constant operations (for example, a 24-hour corner store) deserve to decline to work on a public holiday since of the special rules that apply to some retail workers. See the "Retail workers" chapter of this guide for employment more details.

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

- a substitute holiday with public vacation pay;.
or.

- public holiday spend for the holiday.

The company chooses which option will apply.

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

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

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

The employer chooses which alternative will use.

An employee in any of these services who is required to work on a public holiday that falls on their ordinary working day however who fails, without affordable cause, to work part or all of the general public vacation is only entitled to get premium spend for each hour dealt with the vacation (if any). The employee has no right to public vacation pay or an alternative day of rest work.

Overtime computations when an employee receives exceptional pay

Any hours worked on a public vacation that are compensated with exceptional pay are not included when figuring out 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 vacation with public holiday pay that they have actually made. In this case, the employer must pay the staff member's public vacation pay at the same time it pays the worker's final salaries. This is so despite the reason the job pertained to an end, whether it is due to the fact that the employee stopped, was fired for great reason, or for some other reason.