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Qualified Employees can Be Full Time
Most workers who qualify are entitled to take these days off work and be paid public vacation pay.
Alternatively, the employee can concur electronically or in writing to work on the holiday and be paid:
– public holiday pay plus premium spend for all hours dealt with the public holiday and not get another day off (called a « alternative » holiday);.
or.
– be paid their regular incomes for all hours dealt with the public vacation and get another replacement holiday for which they must be paid public holiday pay.
Some workers may be needed to deal with a public vacation. (See « Special guidelines for particular industries » later in this Chapter.) While many employees are eligible for the public vacation privilege, some workers work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if special rules apply, please refer to the Guide to employment requirements unique 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 in this chapter.
Regular salaries does not consist of any overtime pay, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to an employee.
While some employers offer their workers a vacation 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 staff members perform 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 type of work may be exempt from public holiday protection.
If an employee performs both kinds of work, exempt and covered, they are eligible for the public vacation privilege with regard to a specific public holiday if at least half of the work carried out in the work week of the public vacation is work that is covered.
Rupert works for a taxi business as both a taxi cab motorist (work that is exempt from public 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, 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 qualified for the general public vacation privilege for Canada Day.
Getting approved for public vacation entitlements
Generally, employees receive the public holiday privilege unless they:
– stop working without sensible cause to work all of their last frequently set up day of work before the public vacation or all of their first regularly set up day of work after the public holiday (this is called the « Last and First Rule »);.
or.
– stop working without affordable cause to work their whole shift on the general public vacation if they concurred to or were needed to work that day.
Note: referall.us Most employees who stop working to certify for the general public holiday entitlement are still entitled to be paid exceptional pay for every hour they work on the holiday.
Qualified workers can be full-time, part-time, long-term or on term contract. It does not matter how recently they were employed, or the number of days they worked before the public holiday.
The « last and first guideline »
The « last routinely arranged day of work before the general public vacation » and the « first frequently arranged day of work after the public vacation » do not have to be the days right in the past and right after the holiday.
For instance, a worker may not be scheduled to work the day right before or after the holiday. As long as the worker works all of their last routinely arranged shift before the holiday and all of the very first one after it, or has affordable cause for not working either of those days, they satisfy this certifying criterion.
Reasonable cause
An employee is generally considered to have « affordable cause » for missing out on work when something beyond their control avoids the staff member from working. Employees are accountable for revealing that they had affordable cause for keeping away from work. If they can do so, they still receive public holiday entitlements.
How the last and very first rule works
Rosie’s regular 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 vacation and the Tuesday after the vacation, or has affordable cause for failing to work either of those days, she qualifies 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 workplace closes down for that day. Lev frequently works Monday to Thursday. Lev has asked his employer for consent to remove the Thursday before the public holiday due to the fact that he has an individual consultation. His company concurs. Lev’s last frequently set up work day before the holiday is now thought about to be on the Wednesday.
If Lev works his whole Wednesday shift before the holiday and his entire Tuesday shift after the vacation, or has sensible cause for not working either of those days, he qualifies for the paid public holiday.
Example: When a worker leaves early
A public holiday falls on a Friday, and Doris’s office is closed for the holiday. Doris usually 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 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 affordable cause for failing to do so, she is entitled to the paid public vacation.
Example: When a staff member 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 holiday and first regularly set up shift after his vacation – on June 24 and July 10 – or has affordable cause for failing to do so, he will receive the paid public vacation.
Example: When a staff member is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last frequently arranged day of work before her leave, and her very first frequently set up day of work after her leave, or has affordable cause for failing 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, and Ellen’s work environment is closed for the holiday. Ellen does not work on her last scheduled day before the vacation, and she does not have sensible cause for missing that day. She gets no spend for the holiday.
Public vacation pay
The quantity of public vacation pay to which an employee is entitled is all of the routine wages earned by the staff member in the 4 work weeks before the work week with the general 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 general public vacation, divided by 20.
When to include trip pay in the computation of public vacation pay
The amount of holiday pay payable to include in the calculation of public holiday pay depends upon whether the employee is on trip at any time throughout the 4 work weeks prior to the public vacation, and the manner in which the staff member is to be paid vacation pay. Please refer to the Vacation chapter for information on the different methods getaway pay can be paid.
Vacation pay payable
If the employee is to be paid their vacation pay before they take a trip or on or before the pay day for the period in which the trip falls, trip pay will be consisted of in the estimation of public vacation pay if the worker was on vacation during that four work week period. If the worker was not on trip during that period, no trip pay will be included in the computation.
If the worker is to be paid vacation pay with every pay cheque the amount of getaway pay to consist of in the estimation of public vacation pay will be at least four percent of all of the worker’s salaries made throughout the 4 work week period. (Note that if a worker makes a greater portion of trip pay, such as six per cent of earnings, then the « vacation pay payable » will be based upon that higher percentage.)
If a staff member is to get their vacation pay in a swelling amount on a specific date or dates, trip pay will be included in the estimation of public holiday pay only if that date or dates falls throughout the pertinent 4 work week period.
Calculating the 4 work week duration before the work week with a public holiday
The four weeks before the public holiday is based on the company’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 utilized to determine public holiday pay are those four weeks counting in reverse from the first Wednesday (the last day of the company’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 vacation: Tuesday, December 25
In this example, the routine earnings made by the worker and the getaway pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public vacation pay.
Calculating public vacation pay
Iryna works 5 days a week and makes $120 a day. She worked her last routinely set up work day before the public vacation and her first regularly scheduled day after the holiday. She receives her trip pay when her vacation is taken. She was not on holiday throughout the four work weeks leading up to the public vacation.
1. Calculate Iryna’s overall routine earnings earned:
$ 120 daily X 5 days = $600 per week
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of routine salaries in the 4 work weeks before the general public holiday.
2. Calculate the quantity of holiday pay payable with regard to the 4 work week duration:.
Iryna gets her holiday pay when she takes her getaway. Because she was not on holiday during the four work week duration, the quantity of trip pay payable with regard to the four work weeks before the general public vacation = $0.
3. Combine her total 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 vacation pay.
Example: When trip time is involved
Brock works 5 days a week and earns $160 a day. He was on getaway for 2 of the 4 weeks before the public vacation. He gets trip pay before he takes his getaway. He is paid $1,600 getaway spend for his 2 weeks of trip. Brock worked his last regularly set up work day before the public holiday and his first regularly scheduled work day after the vacation.
1. Calculate Brock’s total routine salaries made:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.
2. Calculate the amount of trip pay:.
Brock was on getaway for 2 of the four work weeks prior to the work week with the public vacation, and is paid holiday pay before he takes his getaway. The quantity of holiday pay payable with respect to the four work weeks prior to the work week with the general public holiday = $1,600.
3. Combine his total incomes made and holiday 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 worker works part-time and each pay cheque consists of getaway pay
Tegan works 3 days a week and earns $120 a day. She worked her last regularly scheduled work day before the public holiday and her very first routinely set up day after the holiday. She and her employer have actually agreed in composing that she will get four percent holiday pay on each paycheque.
1. Calculate Tegan’s routine earnings made:.
$ 120 each day X 3 days = $360 each week.
$ 360 weekly X 4 weeks = $1,440.
2. Calculate her holiday pay payable:.
$ 4.80 each day (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 weekly X 4 weeks = $57.60.
3. Total her routine wages earned and holiday 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 trip pay
Bertie does not work a set number of hours each day or days weekly. Her pay varies from week to week, according to the time she has actually worked. She and her employer have concurred in composing that she will receive four percent getaway pay on each pay cheque.
1. Bertie’s regular wages earned during the four work weeks before the holiday are $1,500.
2. Calculate her vacation pay payable:.
$ 1,500 X 4% = $60.
3. Combine her regular incomes made and holiday pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
Result: Bertie is entitled to $78 public vacation pay.
Example: When a worker is on a leave
Zoe generally works 5 days a week, earning $120 a day. She gets 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 earnings or getaway pay. She received maternity and parental take advantage of the federal Employment Insurance program, but these advantages are ruled out « salaries. »
Zoe is entitled to get public vacation pay for the public holidays that fall throughout her leave as long as she works her last regularly set up day before her leave and her very first frequently arranged 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: $0 (she was not on holiday throughout the 4 work week period).
– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.
Her public vacation spend for the remainder of the public vacations that fall throughout her leave will be $0. This is because she will not have actually earned any earnings or vacation pay on any of the days during the four work weeks before each of those holidays.
Example: When a worker is on a layoff
Eugene usually works five days a week, earning $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or vacation pay. He got employment insurance benefits during this time, however these benefits are not thought about « salaries. »
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 routinely arranged day before the layoff and his very first frequently arranged day after the layoff, or has reasonable cause for failing to do so.
However, due to the fact that Eugene did not make any salaries or holiday pay in the 4 work weeks before those 2 public vacations, 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 staff member is entitled to get premium pay for deal with a public holiday, they must be paid 1 1/2 times their regular rate of pay for each hour worked.
For example, Nathan’s regular rate of pay is $20 an hour. This implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).
Substitute vacation
A substitute vacation is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public vacation spend for a replacement vacation.
A replacement holiday must be scheduled for a day that is no later on than 3 months after the public holiday for which it was made, or, if the worker has concurred digitally or in writing, the substitute day of rest can be arranged up to 12 months after the general public holiday.
If an employee receives a replacement vacation, the company needs to offer the staff member with a written declaration that sets out the public vacation that is being replaced, the date of the replacement holiday, and the date that the declaration was offered to the staff member. This statement must be supplied to the worker before the general public holiday.
Entitlements for public vacations
Entitlements for public holidays differ depending upon 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 below.
When a public vacation falls on a working day but the staff member does not work
Most employees have the right to get the public holiday off and earn money public holiday pay. (Some staff members may be required to deal with a public vacation. See « Special rules for certain industries » later on in this chapter.)
When a public vacation falls on a staff member’s non-working day or during a worker’s getaway
When a public vacation falls on a day that is not ordinarily a working day for a staff member, or throughout the employee’s holiday, the employee is entitled to either:
– a substitute vacation off with public holiday pay;.
or.
– public holiday pay for the general public holiday, if the worker concurs to this or in writing (in this case, the worker will not be given a substitute day of rest).
When a worker who qualifies for the day off has agreed electronically or in composing to work on a public vacation
Most workers have the right to get the public holiday off and make money public vacation pay. However, if a staff member agrees electronically or in composing to deal with the public vacation, there are 2 choices:
– the worker is entitled to receive regular wages for all hours dealt with the public vacation, plus a substitute day of rest deal with public vacation pay;.
or.
– if the employee concurs digitally or in writing, they are entitled to public holiday pay for the public holiday plus premium pay for all hours worked on the public vacation. In this case, the staff member will not be given an alternative day off.
Example: Calculating public holiday pay plus premium pay
A public vacation falls on among John-Duncan’s regular working days. He and his employer have actually agreed electronically or in composing that he will work on the public vacation and that, instead of getting an alternative vacation, he will be paid public vacation pay plus premium spend for all the hours he deals with the holiday.
John-Duncan regularly works eight hours a day, 5 days a week. His regular hourly pay rate is $20. He has actually dealt with all his scheduled work days in the 4 work weeks before the public vacation. He works eight hours on the general public holiday. He receives his holiday pay when his holiday is taken. He was not on holiday throughout the 4 work weeks leading up to the public holiday
Step 1: determine public holiday pay:
1. Calculate John-Duncan’s overall routine wages earned in the 4 work weeks before the general public vacation:
8 hours each day X $20 per hour = $160 each day
$ 160 daily X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the 4 work weeks before the general public vacation.
2. Calculate the amount of trip pay payable with regard to the 4 work week duration:.
John-Duncan receives his trip pay when he takes his getaway. Because he was not on trip during the four work week period, the quantity of getaway pay payable with respect to the four work weeks before the public vacation = $0.
3. Combine his overall incomes made and holiday pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public holiday pay entitlement is $160.
Step 2: determine premium pay
Finally, the premium pay owing to John-Duncan for his deal with the public holiday is calculated:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240
John-Duncan’s premium pay privilege is $240.
Result: John-Duncan is entitled to public vacation pay of $160 and premium pay of $240, for an overall of $400.
When a worker agrees to work on a public vacation however fails to do so
If an employee has actually agreed digitally or in writing to deal with the public vacation however does refrain from doing so – and does not have reasonable cause for not having done so – the worker 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 holiday, then privileges will depend on which of the 2 alternatives below the worker chose in exchange for concurring to work on the general public holiday:
– if the worker had actually agreed electronically or in composing to deal with the general public vacation for routine earnings plus a substitute day of rest with public holiday pay, the worker is entitled to an alternative day of rest work with public vacation pay;.
or.
– if the staff member had actually concurred digitally or in writing to work on the general public vacation for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public holiday spend for the holiday. The worker is not entitled to get any premium pay because they did not carry out any deal with the holiday.
When an employee works only a few of the hours they consented to work on a public vacation
If a staff member has actually concurred electronically or in composing to work on the general public holiday but works just some of the hours they accepted work, and does not have sensible cause for stopping working to work all of the hours, the staff member is just entitled to get exceptional spend for each hour dealt with the vacation. The worker has no right to public holiday pay or a substitute day off work.
Example: A typical case
Trudi had actually agreed 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 4 hours. Trudi is entitled just to premium pay for the four 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 staff member 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 routine rate for all the hours worked plus an alternative day off work with public vacation pay;.
or.
– if the worker had concurred electronically or in composing to work on the public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour dealt with the holiday.
Special rules for certain markets
Special guidelines apply to employees who work in the following kinds of organizations:
– hotels, motels and traveler resorts;.
– dining establishments and pubs;.
– medical facilities and assisted living home;.
– 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 company or the games part of a casino if the video games tables are open around the clock).
An employee who operates in any of these organizations can be needed to deal with a public holiday without their agreement, however only if the vacation falls on a day that the worker would normally work and the employee is not on vacation.
If a staff member is required to work, they are entitled to either:
– their regular rate for the hours dealt with the public vacation, plus an alternative day off work with public vacation pay;.
or.
– public vacation pay plus premium pay for each hour worked.
The company picks which of these alternatives will apply.
Note that the employer’s ability to need workers to deal with a public vacation is subject to the worker’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the terms of the worker’s employment agreement. Note likewise that specific retail workers who work in continuous operations (for example, a 24-hour corner store) have the right to refuse to work on a public holiday due to the fact that of the unique guidelines that apply to some retail employees. See the « Retail workers » chapter of this guide for more info.
A staff member in the formerly noted organizations who is needed to work on a public holiday that falls on their ordinary working day but stops working to do so, with sensible cause, is entitled to:
– a substitute vacation with public vacation pay;.
or.
– public holiday pay for the holiday.
The employer picks which choice will apply.
An employee in any of these companies who is required to deal with a public holiday that falls on their regular working day but who fails, with reasonable cause, to work some of the hours they were required to work on the holiday is entitled to either:
– their regular rate for each hour worked on the vacation plus a substitute vacation with public holiday pay;.
or.
– public holiday spend for the vacation plus premium spend for each hour worked.
The employer chooses which option will apply.
A worker in any of these companies who is required to deal with a public vacation that falls on their normal working day however who stops working, without sensible cause, to work part or all of the general public vacation is just entitled to receive superior pay for each hour dealt with the vacation (if any). The worker has no right to public holiday pay or an alternative day off work.
Overtime calculations when a worker receives exceptional pay
Any hours dealt with a public holiday 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 worker’s job concerns an end before the staff member can take a substitute vacation with public vacation pay that they have actually made. In this case, the employer should pay the worker’s public holiday pay at the exact same time it pays the worker’s final salaries. This is so despite the reason the job concerned an end, whether it is because the worker gave up, was fired for good factor, or for some other factor.