Qualified Employees can Be Full-time

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

Alternatively, the staff member can concur electronically or in composing to deal with the holiday and be paid:

– public vacation pay plus premium spend for all hours dealt with the general public holiday and not get another day off (called a « alternative » holiday);.
or.

– be paid their routine earnings for all hours dealt with the public vacation and receive another replacement holiday for which they must be paid public vacation pay.

Some employees may be required to deal with a public holiday. (See « Special rules for specific industries » later in this Chapter.) While many workers are eligible for the general public holiday entitlement, some employees work in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To identify whether a task is covered, or if unique guidelines use, please describe the Guide to work standards unique rules and exemptions.

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

See « Public holiday pay » later in this chapter.

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

While some employers provide their workers a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

Some staff members perform more than one kind of work for an employer. A few of this work might be covered by the public holiday part of the ESA, while another type of work might be exempt from public holiday protection.

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

Rupert works for a taxi company 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, 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 holiday privilege for Canada Day.

Receiving public vacation entitlements

Generally, staff members certify for the general public vacation entitlement unless they:

– fail without sensible cause to work all of their last frequently set up day of work before the public holiday or all of their very first routinely set up day of work after the general public vacation (this is called the « Last and First Rule »);.
or.

– fail without sensible cause to work their whole shift on the public holiday if they consented to or were needed to work that day.

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

Qualified staff members can be complete time, part time, irreversible or on term agreement. It does not matter how recently they were hired, or how many days they worked before the public holiday.

The « last and very first rule »

The « last routinely arranged day of work before the public vacation » and the « first regularly scheduled 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 instance, an employee may not be arranged to work the day right before or after the holiday. As long as the employee works all of their last regularly scheduled shift before the vacation and all of the very first one after it, or has affordable cause for not working either of those days, they fulfill this certifying criterion.

Reasonable cause

A staff member is normally considered to have « sensible cause » for missing work when something beyond their control avoids the worker from working. Employees are accountable for showing that they had affordable cause for keeping away from work. If they can do so, they still receive public holiday privileges.

How the last and very first rule works

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

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and Lev’s work down for that day. Lev regularly works Monday to Thursday. Lev has asked his employer for approval to remove the Thursday before the general public vacation because he has a personal visit. His employer agrees. Lev’s last regularly 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 vacation, or has affordable cause for not working either of those days, he receives the paid public holiday.

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the holiday. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public holiday. The company concurs. Doris’s regularly arranged shift on the Thursday before the public holiday is now considered to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has sensible cause for stopping working to do so, she is entitled to the paid public vacation.

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 routinely set up shift before his vacation and very first routinely arranged shift after his vacation – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will get approved for the paid public vacation.

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 regularly set up day of work before her leave, and her first routinely 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 sensible cause

A public holiday falls on a Monday, and Ellen’s workplace 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 receives no spend for the vacation.

Public holiday pay

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

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

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

Vacation pay payable

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

If the worker is to be paid getaway pay with every pay cheque the amount of trip pay to consist of in the estimation of public holiday pay will be at least 4 percent of all of the employee’s wages made during the four work week duration. (Note that if a staff member earns a greater portion of holiday pay, such as six percent of salaries, then the « vacation pay payable » will be based on that higher portion.)

If a worker is to receive their trip pay in a lump sum on a certain date or dates, trip pay will be included in the computation of public holiday pay just if that date or dates falls during the pertinent four work week duration.

Calculating the 4 work week duration before the work week with a public vacation

The four weeks before the general 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 4 work weeks used to compute public holiday pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the company’s work week) before the work week in which the 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 routine salaries earned by the worker and the getaway pay payable to the employee with regard to the four work weeks from November 22 to December 19 are used in the estimation of public vacation pay.

Calculating public holiday pay

Iryna works 5 days a week and earns $120 a day. She worked her last regularly scheduled work day before the public vacation and her first regularly set up day after the vacation. She gets her vacation pay when her holiday is taken. She was not on getaway during the 4 work weeks leading up to the public holiday.

1. Calculate Iryna’s overall regular salaries made:
$ 120 daily X 5 days = $600 each week
$ 600 each week X 4 work weeks = $2,400.
Iryna earned $2,400 of regular salaries in the four work weeks before the public vacation.

2. Calculate the quantity of vacation pay payable with regard to the four work week period:.
Iryna gets her trip pay when she takes her vacation. Because she was not on vacation during 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. Add together her overall incomes earned and trip pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When vacation time is involved

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

1. Calculate Brock’s overall 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 holiday for 2 of the 4 work weeks prior to the work week with the public vacation, and is paid vacation pay before he takes his holiday. The amount of holiday pay payable with respect to the 4 work weeks prior to the work week with the public holiday = $1,600.

3. Combine his overall salaries 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 vacation pay.

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

Tegan works three days a week and makes $120 a day. She worked her last regularly scheduled work day before the public vacation and her very first regularly scheduled day after the holiday. She and her company have actually agreed in writing that she will get four percent vacation pay on each paycheque.

1. Calculate Tegan’s regular salaries made:.
$ 120 each day X 3 days = $360 each week.
$ 360 weekly X 4 weeks = $1,440.

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

3. Total her regular wages earned and holiday 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 vacation pay

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

1. Bertie’s regular incomes made throughout the 4 work weeks before the holiday 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 generally works five days a week, earning $120 a day. She receives getaway 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 earnings or getaway pay. She got maternity and adult advantages from the federal Employment Insurance program, however these benefits are not thought about « wages. »

Zoe is entitled to receive public holiday spend for the public holidays that fall during her leave as long as she works her last frequently scheduled day before her leave and her very first routinely 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 holiday. Her public vacation pay for Canada Day is:

– Regular wages made: $120 a day X 7 days = $840.

– Vacation pay payable: $0 (she was not on holiday during the four work week period).

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

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

Example: When a staff member is on a layoff

Eugene typically 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 considered « wages. »

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

However, because Eugene did not make any incomes or trip pay in the four work weeks before those two 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 staff member is entitled to receive premium pay for work on a public vacation, they must be paid 1 1/2 times their regular rate of pay for each hour worked.

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

Substitute holiday

An alternative holiday is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday pay for an alternative vacation.

A substitute vacation need to be scheduled for a day that is no later than 3 months after the public vacation for which it was earned, or, if the employee has agreed electronically or in composing, the substitute day off can be arranged approximately 12 months after the public vacation.

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

Entitlements for public vacations

Entitlements for public holidays vary depending upon such things as whether the vacation falls on a working day or a non-working day and whether the worker works on the holiday. The different privileges are set out listed below.

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

Most staff members can get the public vacation off and make money public holiday pay. (Some workers might be required to deal with a public holiday. See « Special rules for particular markets » later on in this chapter.)

When a public vacation falls on a worker’s non-working day or throughout an employee’s trip

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

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

– public vacation pay for the general public vacation, if the employee concurs to this digitally or in composing (in this case, the worker will not be given a substitute day of rest).

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

Most employees can get the general public holiday off and get paid public vacation pay. However, if a worker agrees electronically or in writing to deal with the public vacation, there are 2 options:

– the worker is entitled to get routine wages for all hours worked on the public vacation, plus a substitute day of rest deal with public holiday pay;.
or.

– if the employee agrees electronically or in composing, they are entitled to public holiday pay for the public vacation plus premium spend for all hours dealt with the public vacation. In this case, the worker will not be given an alternative day of rest.

Example: Calculating public vacation pay plus premium pay

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

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

Step 1: compute public vacation pay:

1. Calculate John-Duncan’s total routine salaries earned in the four work weeks before the general public holiday:
8 hours each day X $20 per hour = $160 each day
$ 160 each 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 4 work week period:.
John-Duncan receives his vacation pay when he takes his getaway. Because he was not on trip throughout the four work week period, the amount of trip pay payable with respect to the 4 work weeks before the public holiday = $0.

3. Add together his overall salaries earned and getaway 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: calculate premium pay

Finally, the premium pay owing to John-Duncan for his work on the general public vacation 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 a total of $400.

When an employee accepts deal with a public holiday however fails to do so

If a worker has actually concurred digitally or in composing to work on the public holiday but does refrain from doing so – and does not have reasonable cause for not having done so – the staff member has no right to public holiday pay or to an alternative day off with pay.

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

– if the employee had actually agreed electronically or in composing to deal with the public holiday for regular salaries plus a substitute day of rest with public vacation pay, the worker is entitled to a substitute day off deal with public holiday pay;.
or.

– if the employee had actually concurred digitally or in writing to deal with the public vacation for public vacation pay plus premium pay for each hour worked, referall.us they are entitled to be paid public vacation spend for the vacation. The staff member is not entitled to get any superior pay due to the fact that they did not carry out any deal with the holiday.

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

If an employee has agreed digitally or in composing to deal with the public vacation but works just a few of the hours they agreed to work, and does not have reasonable cause for stopping working to work all of the hours, the employee is just entitled to get superior pay for each hour worked on the holiday. The staff member has no right to public vacation pay or a substitute day of rest work.

Example: A common case

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

However, if the worker has sensible cause for working only some of the hours they agreed to work on the general public holiday, then:

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

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

Special guidelines for certain markets

Special rules apply to workers who operate in the following types of services:

– hotels, motels and traveler resorts;.

– dining establishments and pubs;.

– hospitals and nursing homes;.

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

A staff member who works in any of these organizations can be required to work on a public vacation without their agreement, however just if the holiday falls on a day that the worker would normally work and somalibidders.com the employee is not on holiday.

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

– their regular rate for the hours dealt with the public holiday, plus an alternative day of rest deal with public vacation pay;.
or.

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

The company chooses which of these choices will apply.

Note that the company’s capability to require staff members to deal with a public holiday is subject to the worker’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the worker’s employment agreement. Note likewise that particular retail workers who operate in continuous operations (for example, a 24-hour convenience store) have the right to decline to work on a public vacation since of the special rules that use to some retail workers. See the « Retail workers » chapter of this guide to learn more.

A worker in the previously noted companies who is needed to deal with a public holiday that falls on their ordinary working day however fails to do so, with sensible cause, is entitled to:

– an alternative holiday with public holiday pay;.
or.

– public vacation spend for the vacation.

The employer picks which alternative will apply.

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

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

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

The employer picks which alternative will apply.

A staff member in any of these companies who is needed to deal with a public holiday that falls on their regular working day but who fails, without reasonable cause, to work part or all of the general public vacation is just entitled to receive premium pay for each hour worked on the holiday (if any). The staff member has no right to public vacation pay or an alternative day off work.

Overtime calculations when an employee gets premium pay

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

If work ends

Sometimes a staff member’s task pertains to an end before the staff member can take an alternative vacation with public vacation pay that they have actually earned. In this case, the company needs to pay the staff member’s public holiday pay at the same time it pays the employee’s final wages. This is so despite the reason the job concerned an end, whether it is since the staff member gave up, was fired for great reason, or for some other factor.