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Qualified Employees can Be Full-time

Most employees who qualify are entitled to take nowadays off work and be paid public holiday pay.

Alternatively, the employee can concur digitally 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 holiday and not get another day of rest (called a "substitute" vacation);.
or.

- be paid their routine salaries for all hours worked on the general public holiday and receive another substitute vacation for which they need to be paid public holiday pay.

Some workers may be required to work on a public holiday. (See "Special guidelines for certain markets" later in this Chapter.) While most staff members are qualified for the public vacation entitlement, some employees work in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To figure out whether a job is covered, or if unique guidelines apply, please describe the Guide to work standards special guidelines and exemptions.

Use the Employment Standards Self-Service Tool to inspect compliance with public holidays and other employment requirements privileges.

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

Regular incomes does not include any overtime pay, getaway pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to an employee.

While some companies provide their staff members 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 employees perform more than one kind of work for a company. Some of this work might be covered by the public vacation part of the ESA, while another type of work might be exempt from public vacation protection.

If a worker performs both type of work, exempt and covered, they are eligible for the public holiday privilege with regard to a specific public holiday if a minimum of half of the work carried out in the work week of the public holiday is work that is covered.

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

Getting approved for public vacation privileges

Generally, employees get approved for the public holiday privilege unless they:

- stop working without reasonable cause to work all of their last regularly set up day of work before the general public vacation or all of their very 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 general public holiday if they agreed to or were needed to work that day.

Note: Most employees who stop working to get approved for the public vacation privilege are still entitled to be paid premium pay for every hour they work on the vacation.

Qualified workers can be complete time, part time, long-term or on term contract. It does not matter how recently they were employed, or how numerous days they worked before the general public holiday.

The "last and very first guideline"

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

For example, a worker might not be set up to work the day right before or after the holiday. As long as the employee works all of their last routinely scheduled shift before the holiday and all of the very first one after it, or has reasonable cause for not working either of those days, they fulfill this qualifying requirement.

Reasonable cause

A staff member is normally thought about to have "sensible cause" for missing work when something beyond their control prevents the employee from working. Employees are accountable for showing that they had reasonable cause for staying away from work. If they can do so, they still qualify for public vacation privileges.

How the last and first guideline works

Rosie's routine work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie's workplace closes down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the holiday, or has sensible 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 holiday falls on a Monday, and Lev's workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for consent to remove the Thursday before the general public holiday due to the fact that he has an individual appointment. His company concurs. Lev's last frequently scheduled work day before the holiday is now thought about to be on the Wednesday.

If Lev works his whole Wednesday shift before the vacation and his whole Tuesday shift after the vacation, or has sensible 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 holiday. Doris generally 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 vacation. The company concurs. Doris's regularly set up 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 sensible cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When a worker 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 frequently arranged shift before his trip and very first frequently arranged shift after his vacation - on June 24 and July 10 - or has affordable cause for stopping working 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 vacation happens. If Lydia works her last frequently arranged day of work before her leave, and her first frequently set up day of work after her leave, or has reasonable cause for failing 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 work environment is closed for the vacation. Ellen does not deal with her last scheduled day before the holiday, and she does not have reasonable cause for missing that day. She receives no pay for the vacation.

Public holiday pay

The amount of public vacation pay to which a staff member is entitled is all of the regular wages made by the staff member in the four work weeks before the work week with the public holiday plus all of the trip 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 include holiday pay in the calculation of public holiday pay

The amount of getaway pay payable to consist of in the estimation of public vacation pay depends on whether the employee is on trip at any time throughout the 4 work weeks prior to the general public vacation, and the manner in which the employee is to be paid holiday pay. Please describe the Vacation chapter for details on the different ways holiday pay can be paid.

Vacation pay payable

If the worker is to be paid their vacation pay before they take a getaway or on or before the pay day for the duration in which the holiday falls, holiday pay will be consisted of in the computation of public vacation pay if the staff member was on trip during that 4 work week duration. If the staff member was not on getaway during that duration, no vacation pay will be included in the calculation.

If the employee is to be paid holiday pay with every pay cheque the amount of vacation pay to include in the computation of public vacation pay will be at least four per cent of all of the employee's salaries made throughout the four work week period. (Note that if a worker makes a higher portion of trip pay, such as six percent of earnings, then the "vacation pay payable" will be based on that higher portion.)

If a staff member is to receive their getaway pay in a lump sum on a certain date or dates, holiday pay will be included in the computation of public holiday pay only if that date or dates falls throughout the relevant four work week duration.

the 4 work week period 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 utilized to compute public vacation 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 general 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, December 12

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

Public holiday: Tuesday, December 25

In this example, the regular earnings earned by the staff member and the getaway pay payable to the employee with regard to the four work weeks from November 22 to December 19 are utilized in the calculation of public vacation pay.

Calculating public holiday pay

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

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

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

3. Combine her overall wages earned and getaway pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When trip time is involved

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

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

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

3. Add together his total incomes earned and trip payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public vacation pay.

Example: When a staff member works part-time and each pay cheque includes holiday pay

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

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

2. Calculate her getaway 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. Total her regular incomes made and getaway pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

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

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

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

1. Bertie's regular incomes earned during the 4 work weeks before the vacation are $1,500.

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

3. Add together her routine wages made and vacation pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: referall.us Bertie is entitled to $78 public holiday pay.

Example: When a staff member is on a leave

Zoe normally works 5 days a week, making $120 a day. She gets trip pay before she goes on holiday. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave.

During her leaves, she was not paid incomes or trip pay. She got maternity and adult gain from the federal Employment Insurance program, however these advantages are not thought about "salaries."

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 frequently scheduled day before her leave and her first regularly scheduled day after her leave, or has affordable cause for stopping working to do so.

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

- Regular earnings made: $120 a day X 7 days = $840.

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

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

Her public holiday spend for the remainder of the public holidays that fall during her leave will be $0. This is because she will not have actually made any incomes or trip pay on any of the days during the 4 work weeks before each of those holidays.

Example: When an employee is on a layoff

Eugene typically 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 wages or getaway pay. He got work insurance coverage advantages throughout this time, but these benefits are ruled out "earnings."

Eugene was remembered 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 routinely 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 incomes or getaway pay in the 4 work weeks before those two public holidays, the quantity of public holiday 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 get exceptional pay for work on a public vacation, they need to be paid 1 1/2 times their routine 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 replacement vacation is another working day of rest work that is designated to change a public vacation. Employees are entitled to be paid public holiday pay for a substitute vacation.

An alternative vacation must be arranged for a day that is no behind three months after the public vacation for which it was earned, or, if the staff member has actually agreed digitally or in writing, the alternative day of rest can be scheduled as much as 12 months after the general public vacation.

If a staff member gets an alternative holiday, the employer needs to supply the employee with a written declaration that sets out the public holiday that is being replaced, the date of the alternative holiday, and the date that the declaration was provided to the staff member. This declaration should be provided to the worker before the public holiday.

Entitlements for public holidays

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

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

Most employees deserve to get the general public vacation off and earn money public vacation pay. (Some staff members may be required to work on a public vacation. See "Special rules for specific markets" later on in this chapter.)

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

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

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

- public vacation pay for the general public holiday, if the employee consents to this digitally or in writing (in this case, the worker will not be offered a substitute day off).

When an employee who receives the day of rest has actually agreed digitally or in writing to deal with a public holiday

Most employees can get the general public vacation off and earn money public vacation pay. However, if a worker concurs digitally or in composing to deal with the public vacation, there are two choices:

- the staff member is entitled to get routine incomes for all hours dealt with the public vacation, plus a substitute day off deal with public vacation pay;.
or.

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

Example: Calculating public vacation pay plus premium pay

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

John-Duncan routinely works 8 hours a day, 5 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 vacation. He works eight hours on the general public holiday. He gets his trip pay when his trip is taken. He was not on holiday during the four work weeks leading up to the public holiday

Step 1: calculate public vacation pay:

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

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

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

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

Step 2: compute exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with the public holiday 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 a staff member agrees to deal with a public holiday however stops working to do so

If a staff member has agreed electronically or in composing to deal with the general public holiday but does refrain from doing so - and does not have sensible cause for not having done so - the worker has no right to public vacation pay or to an alternative day of rest with pay.

However, if the employee has reasonable cause for not working the public vacation, then privileges will depend on which of the 2 alternatives below the staff member selected in exchange for agreeing to deal with the general public vacation:

- if the worker had concurred digitally or in writing to deal with the public holiday for routine salaries plus an alternative day of rest with public holiday pay, the staff member is entitled to a substitute day of rest deal with public holiday pay;.
or.

- if the staff member had agreed digitally or in writing to deal with the public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the holiday. The staff member is not entitled to get any exceptional pay since they did not perform any work on the vacation.

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

If a staff member has concurred digitally or in composing to work on the general public holiday but works only some of the hours they agreed to work, and does not have reasonable cause for failing to work all of the hours, the employee is only entitled to receive premium spend for each hour worked on the vacation. The staff member has no right to public holiday pay or an alternative day off work.

Example: A common case

Trudi had actually agreed in composing that she would work 8 hours on Canada Day however she only worked four hours and did not have sensible cause for failing to work the other four hours. Trudi is entitled only to premium spend for the 4 hours she worked on the holiday. She is not entitled to public vacation pay or to an alternative day of rest work.

However, if the worker has sensible cause for working just some of the hours they accepted deal with the general public vacation, then:

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

- if the employee had agreed digitally or in composing to deal with the general public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour worked on the holiday.

Special guidelines for certain markets

Special rules use to workers who work in the following kinds of organizations:

- hotels, motels and tourist resorts;.

- dining establishments and pubs;.

- healthcare facilities and nursing homes;.

- constant 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 business or the video games part of a gambling establishment if the games tables are open around the clock).

An employee who operates in any of these services can be required to deal with a public vacation without their arrangement, but only if the vacation falls on a day that the employee would normally work and the employee is not on vacation.

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

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

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

The company selects which of these options will use.

Note that the employer's ability to need staff members 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 worker's employment agreement. Note also that specific retail workers who work in continuous operations (for example, a 24-hour corner store) can refuse to work on a public vacation due to the fact that of the special rules that apply to some retail workers. See the "Retail employees" chapter of this guide to learn more.

A staff member in the previously listed companies who is needed to work on a public holiday that falls on their normal working day however fails to do so, with sensible cause, is entitled to:

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

- public holiday spend for the vacation.

The employer chooses which option will apply.

A staff member in any of these companies who is needed to work on a public vacation that falls on their normal working day however who fails, with sensible cause, to work a few 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 substitute vacation with public holiday pay;.
or.

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

The employer selects which alternative will apply.

An employee in any of these organizations who is required to work on a public holiday that falls on their regular working day however who fails, without affordable cause, to work part or all of the general public vacation is just entitled to get premium pay for each hour worked on the vacation (if any). The worker has no right to public vacation pay or a substitute day of rest work.

Overtime estimations when a staff member gets superior pay

Any hours worked on a public vacation that are compensated with superior pay are not included when determining whether an employee has worked any overtime hours.

If work ends

Sometimes a staff member's task comes to an end before the worker can take a substitute holiday with public holiday pay that they have made. In this case, the company must pay the employee's public holiday pay at the same time it pays the staff member's last incomes. This is so no matter the factor the job pertained to an end, whether it is since the staff member stopped, was fired for excellent reason, or for some other reason.

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