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Qualified Employees can Be Full-time

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

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

– public holiday pay plus premium spend for all hours dealt with the general public holiday and not get another day of rest (called a “alternative” holiday);.
or.

– be paid their regular wages for all hours worked on the public vacation and receive another alternative vacation for which they need to be paid public holiday pay.

Some employees may be required to work on a public vacation. (See “Special rules for specific industries” later on in this Chapter.) While many staff members are eligible for the general public vacation entitlement, some employees 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 special rules and exemptions.

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

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

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

While some employers give 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 type of work for a company. Some of this work may be covered by the public vacation part of the ESA, while another kind of work may be exempt from public vacation protection.

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

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public holiday 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 vacation entitlements

Generally, employees qualify for the general public holiday entitlement unless they:

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

– stop working without reasonable cause to work their entire shift on the public vacation if they accepted or were needed to work that day.

Note: Most employees who fail to receive the general public vacation entitlement are still entitled to be paid premium spend for every hour they work on the vacation.

Qualified employees can be full-time, part time, long-term or on term agreement. It does not matter how just recently they were employed, or the number of days they worked before the general public vacation.

The “last and very first rule”

The “last regularly scheduled day of work before the general public vacation” and the “first regularly set up day of work after the public holiday” do not have to be the days right previously and right after the vacation.

For instance, a staff member may not be scheduled to work the day right before or after the vacation. As long as the worker works all of their last routinely arranged shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they fulfill this certifying criterion.

Reasonable cause

An employee is typically considered to have “sensible cause” for missing out on work when something beyond their control prevents the employee from working. Employees are accountable for revealing that they had affordable cause for remaining away from work. If they can do so, they still certify for public vacation privileges.

How the last and very first guideline works

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

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev’s work environment closes down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his employer for permission to remove the Thursday before the general public holiday due to the fact that he has a personal consultation. His employer agrees. Lev’s last frequently scheduled work day before the vacation is now thought about to be on the Wednesday.

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

Example: When a worker 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 wants to leave at 3 p.m. on the Thursday before the public vacation. The employer agrees. Doris’s regularly arranged shift on the Thursday before the general public vacation 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 reasonable cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When a worker is on holiday

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

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 scheduled day of work before her leave, and her first regularly scheduled 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 reasonable cause

A public vacation falls on a Monday, and Ellen’s office is closed for the holiday. Ellen does not deal with her last scheduled day before the vacation, and she does not have affordable cause for missing out on that day. She gets no spend for the vacation.

Public holiday pay

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

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

The quantity of vacation pay payable to include in the computation of public vacation pay depends on whether the staff member is on holiday at any time during the four work weeks prior to the general public vacation, and the way 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 employee is to be paid their trip pay before they take a getaway or on or before the pay day for the duration in which the vacation falls, vacation pay will be consisted of in the computation of public vacation pay if the staff member was on trip during that four work week duration. If the staff member was not on getaway during that period, no getaway pay will be included in the computation.

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

If a staff member is to get their vacation pay in a swelling sum on a specific date or dates, holiday pay will be included in the calculation 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 vacation

The four weeks before the general public vacation 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 four work weeks used to calculate public vacation pay are those four weeks counting in reverse from the very first Wednesday (the last day of the employer’s work week) before the work week in which the general 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 wages earned by the employee and the vacation 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 vacation pay.

Calculating public vacation pay

Iryna works five days a week and earns $120 a day. She worked her last regularly set up work day before the public holiday and her very first routinely scheduled day after the holiday. She gets her trip pay when her holiday is taken. She was not on vacation throughout the 4 work weeks leading up to the public vacation.

1. Calculate Iryna’s total routine salaries made:
$ 120 per day X 5 days = $600 each week
$ 600 weekly X 4 work weeks = $2,400.
Iryna made $2,400 of regular salaries in the 4 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 getaway. Because she was not on getaway throughout the four work week period, the quantity of holiday pay payable with respect to the 4 work weeks before the public vacation = $0.

3. Total her total earnings 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 vacation pay.

Example: When holiday time is included

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

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

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

3. Combine his total wages earned 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 getaway pay

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

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

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

3. Add together her routine salaries made and trip 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 vacation pay.

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

Bertie does not work a set variety of hours each day or days weekly. Her pay varies from week to week, according to the time she has worked. She and her company have concurred in composing that she will receive 4 per cent trip pay on each pay cheque.

1. Bertie’s regular salaries made during the 4 work weeks before the vacation are $1,500.

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

3. Combine her regular earnings made and trip 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 5 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 salaries or holiday pay. She got maternity and parental take advantage of the federal Employment Insurance program, however these benefits are not considered “wages.”

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

Zoe went on leave on June 10 and only worked seven days during the four work weeks before the Canada Day public vacation. Her public vacation pay for Canada Day is:

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

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

– Public holiday 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 due to the fact that she will not have earned any wages or holiday pay on any of the days throughout the four work weeks before each of those holidays.

Example: When an employee is on a layoff

Eugene normally works five days a week, earning $100 a day. He was positioned on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or getaway pay. He got employment insurance coverage benefits throughout this time, but these benefits are not thought about “earnings.”

Eugene was remembered 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 routinely set up day before the layoff and his very first regularly 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 vacation pay in the 4 work weeks before those 2 public vacations, the amount of public holiday 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 staff member is entitled to get exceptional spend for work on a public holiday, they need to be paid 1 1/2 times their routine rate of pay for employment each hour worked.

For example, Nathan’s regular 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 vacation is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public vacation spend for a substitute vacation.

An alternative holiday should be arranged for a day that is no later on than 3 months after the general public vacation for which it was earned, or, if the staff member has actually concurred digitally or in writing, the alternative day off can be arranged as much as 12 months after the public holiday.

If an employee gets a substitute holiday, the employer needs to provide the worker with a written statement that sets out the general public holiday that is being replaced, the date of the replacement vacation, and the date that the statement was provided to the employee. This statement needs to be offered to the employee before the general public vacation.

Entitlements for public holidays

Entitlements for public vacations differ 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 vacation. The different entitlements are set out below.

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

Most employees have the right to get the public vacation off and earn money public vacation pay. (Some staff members may be needed to work on a public vacation. See “Special guidelines for certain industries” later on in this chapter.)

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

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

– a substitute vacation off with public vacation pay;.
or.

– public vacation pay for the public vacation, if the worker concurs to this digitally or in composing (in this case, the employee will not be provided an alternative day of rest).

When a worker who certifies for the day of rest has concurred electronically or in composing to work on a public vacation

Most staff members deserve to get the public vacation off and earn money public vacation pay. However, if a worker agrees digitally or in writing to deal with the public vacation, there are two choices:

– the employee is entitled to get regular earnings for all hours dealt with the public vacation, plus an alternative day of rest deal with public vacation pay;.
or.

– if the worker concurs electronically or in writing, they are entitled to public holiday spend for the public holiday plus premium spend for all hours worked on the public holiday. In this case, the staff member will not be provided a substitute day of rest.

Example: Calculating public holiday pay plus premium pay

A public holiday falls on among John-Duncan’s regular working days. He and his employer have actually agreed digitally or in writing that he will work on the general public holiday and that, instead of getting a substitute vacation, he will be paid public vacation pay plus premium pay for all the hours he works on the vacation.

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

Step 1: determine public holiday pay:

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

3. Total his overall incomes 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 entitlement is $160.

Step 2: compute 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 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 a staff member consents to work on a public vacation but stops working to do so

If a worker has agreed digitally or in writing to work on the general public vacation but 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 of rest with pay.

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

– if the worker had actually concurred digitally or in writing to deal with the general public vacation for routine salaries plus a substitute day of rest with public holiday pay, the staff member is entitled to a substitute day off deal with public holiday pay;.
or.

– if the staff member had actually concurred digitally or in writing to work on the public vacation for public vacation pay plus premium pay for employment each hour worked, they are entitled to be paid public holiday spend for the holiday. The worker is not entitled to receive any superior pay since they did not perform any work on the holiday.

When an employee works only a few of the hours they accepted deal with a public holiday

If an employee has actually agreed electronically or in writing to deal with the public vacation however works only some of the hours they accepted work, and does not have sensible cause for failing to work all of the hours, the employee is only entitled to receive premium pay for each hour dealt with the holiday. The employee has no right to public holiday pay or a substitute 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 only worked 4 hours and did not have sensible cause for stopping working to work the other four hours. Trudi is entitled just to premium spend for the four hours she worked on the holiday. She is not entitled to public vacation pay or to a substitute day off work.

However, if the staff member has affordable cause for working just some of the hours they concurred to deal with the public holiday, then:

– the employee is entitled to their regular rate for all the hours worked plus an alternative day off work with public vacation pay;.
or.

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

Special guidelines for certain markets

Special guidelines use to staff members who work in the list below kinds of businesses:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– healthcare facilities and retirement home;.

– constant operations (which are operations, or parts of operations, that do not stop or close more than once a week – such as an oil refinery, employment alarm-monitoring business or the video games part of a casino if the games tables are open all the time).

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

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

– their routine rate for the hours dealt with the public vacation, plus a substitute day off deal with public vacation pay;.
or.

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

The employer chooses which of these options will use.

Note that the company’s capability to need employees to work on a public holiday undergoes the worker’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the staff member’s work agreement. Note likewise that particular who operate in continuous operations (for instance, a 24-hour convenience store) have the right to decline to work on a public vacation because of the special rules that use to some retail employees. See the “Retail employees” chapter of this guide to learn more.

A staff member in the formerly noted companies who is needed to work on a public holiday that falls on their ordinary working day however stops working to do so, with reasonable cause, is entitled to:

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

– public holiday spend for the holiday.

The employer picks which alternative will use.

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

– their routine rate for each hour dealt with the vacation plus an alternative vacation with public vacation pay;.
or.

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

The company chooses which choice will use.

A worker in any of these organizations who is needed to deal with a public vacation that falls on their normal working day however who fails, without affordable cause, to work part or all of the public vacation is only entitled to receive premium pay for each hour worked on the holiday (if any). The employee has no right to public holiday pay or a substitute day of rest work.

Overtime estimations when a staff member gets premium pay

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

If work ends

Sometimes an employee’s job comes to an end before the employee can take a substitute holiday with public vacation pay that they have actually earned. In this case, the company must pay the worker’s public vacation pay at the same time it pays the employee’s final incomes. This is so despite the reason the task concerned an end, whether it is since the employee stopped, was fired for excellent reason, or for some other factor.