Qualified Employees can Be Full-time

Most employees who certify are entitled to take these days off work and be paid public vacation pay.

Alternatively, the staff member can agree digitally or in writing to work on the vacation and be paid:

— public vacation pay plus premium spend for all hours dealt with the general public vacation and not receive another day off (called a «replacement» vacation);.
or.

— be paid their regular wages for all hours worked on the public holiday and get another replacement vacation for which they need to be paid public holiday pay.

Some employees might be needed to work on a public vacation. (See «Special guidelines for specific markets» later on in this Chapter.) While many employees are eligible for the public holiday entitlement, some staff members operate in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a task is covered, or if unique rules apply, please describe the Guide to work requirements special guidelines and exemptions.

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

See «Public vacation pay» later in this chapter.

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

While some companies give 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 staff members carry out more than one sort of work for a company. A few of this work might be covered by the public vacation part of the ESA, while another kind of work might be exempt from public vacation coverage.

If a staff member performs both kinds of work, exempt and covered, they are qualified for the general public vacation privilege with respect to a particular public holiday if at least half of the work carried out in the work week of the public holiday is work that is covered.

Rupert works for a taxi business as both a taxi cab 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 public vacation privilege for Canada Day.

Qualifying for public holiday privileges

Generally, workers receive the public holiday privilege unless they:

— fail without affordable cause to work all of their last regularly scheduled day of work before the public holiday or all of their first routinely set up day of work after the general public holiday (this is called the «Last and First Rule»);.
or.

— fail without reasonable cause to work their whole shift on the public holiday if they consented to or were required to work that day.

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

Qualified employees can be full-time, part-time, permanent or on term agreement. It does not matter how just recently they were worked with, 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 general public holiday» and the «first frequently arranged day of work after the public vacation» do not have to be the days right previously and right after the holiday.

For example, an employee may not be scheduled to work the day right before or after the vacation. As long as the employee works all of their last regularly set up 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 requirement.

Reasonable cause

A worker is generally considered to have «affordable cause» for missing work when something beyond their control avoids the staff member from working. Employees are accountable for revealing that they had sensible cause for remaining away from work. If they can do so, they still certify for public vacation entitlements.

How the last and first rule works

Rosie’s regular work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s work environment closes down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the vacation, or has reasonable cause for stopping working to work either of those days, she qualifies to be paid for the vacation.

Example: When a worker takes a day off

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

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

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the vacation. 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 general public holiday. The company concurs. Doris’s routinely 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 affordable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When an employee is on getaway

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

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday takes place. If Lydia works her last routinely arranged day of work before her leave, and her first frequently arranged day of work after her leave, or has sensible cause for failing to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

A public vacation 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 holiday, and she does not have affordable cause for missing that day. She receives no pay for the holiday.

Public holiday pay

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

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

The amount of vacation pay payable to include in the estimation of public holiday pay depends on whether the staff member is on holiday at any time throughout the 4 work weeks prior to the general public holiday, and the manner in which the staff member is to be paid holiday pay. Please refer to the Vacation chapter for information on the different methods holiday pay can be paid.

Vacation pay payable

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

If the worker is to be paid holiday pay with every pay cheque the quantity of vacation pay to consist of in the computation of public vacation pay will be at least 4 percent of all of the worker’s salaries made during the 4 work week period. (Note that if a worker makes a higher percentage of holiday pay, such as six per cent of earnings, then the «trip pay payable» will be based on that higher portion.)

If an employee is to receive their vacation pay in a swelling amount on a particular date or dates, vacation pay will be included in the computation of public vacation pay just if that date or dates falls throughout the relevant 4 work week duration.

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

The four weeks before the public holiday is based on the employer’s work week and is not necessarily 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 determine public holiday pay are those four weeks counting backwards from the very first Wednesday (the last day of the employer’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 regular salaries earned by the worker and the holiday pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

Calculating public vacation pay

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

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

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

3. Total her overall incomes earned and 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 vacation time is involved

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

1. Calculate Brock’s total regular wages earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

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

3. Combine his total salaries made and getaway payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

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

Tegan works 3 days a week and earns $120 a day. She worked her last regularly set up work day before the general public vacation and her very first routinely set up day after the holiday. She and her employer have agreed in writing that she will receive four percent holiday pay on each paycheque.

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

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

3. Combine her routine salaries made and getaway 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 holiday 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 per day or days weekly. Her pay varies from week to week, according to the time she has worked. She and her employer have concurred in composing that she will receive 4 percent holiday pay on each pay cheque.

1. Bertie’s regular salaries earned throughout the four work weeks before the vacation are $1,500.

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

3. Total her regular earnings earned 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 vacation pay.

Example: When a staff member is on a leave

Zoe typically works 5 days a week, earning $120 a day. She receives trip pay before she goes on getaway. 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 wages or trip pay. She received maternity and parental advantages from the federal Employment Insurance program, however these advantages are not thought about «incomes.»

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

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

— Vacation pay payable: $0 (she was not on holiday throughout the 4 work week duration).

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

Her public vacation spend for the rest of the public vacations that fall during her leave will be $0. This is since she will not have made any wages or vacation pay on any of the days throughout the 4 work weeks before each of those holidays.

Example: When an employee is on a layoff

Eugene generally works 5 days a week, making $100 a day. He was placed on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or trip pay. He got employment insurance coverage advantages throughout this time, however these advantages are ruled out «salaries.»

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 regularly set up day before the layoff and his very first routinely arranged day after the layoff, or has affordable cause for failing to do so.

However, somalibidders.com since Eugene did not make any wages 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 a worker’s regular rate of pay. If a staff member is entitled to get 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 regular rate of pay is $20 an hour. This suggests that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

A substitute holiday is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public vacation spend for an alternative holiday.

An alternative holiday should be scheduled for a day that is no later than three months after the general public vacation for which it was made, or, if the worker has concurred digitally or in writing, the alternative day of rest can be scheduled up to 12 months after the general public holiday.

If a worker gets a substitute holiday, the company should supply the employee with a composed statement that sets out the general public vacation that is being substituted, the date of the replacement holiday, and the date that the statement was given to the worker. This statement needs to be provided to the employee before the general public holiday.

Entitlements for public holidays

Entitlements for public vacations vary depending on such things as whether the vacation falls on a working day or a non-working day and whether the worker deals with the holiday. The different entitlements are set out below.

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

Most employees can get the general public holiday off and make money public holiday pay. (Some employees may be required to deal with a public vacation. See «Special guidelines for specific industries» later on in this chapter.)

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

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

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

— public vacation pay for the public vacation, if the worker accepts this electronically or in composing (in this case, the employee will not be provided an alternative day off).

When an employee who certifies for the day of rest has concurred digitally or in writing to work on a public holiday

Most staff members deserve to get the public vacation off and adremcareers.com get paid public vacation pay. However, if a staff member concurs electronically or in writing to work on the public holiday, there are 2 choices:

— the employee is entitled to receive regular incomes for all hours dealt with the general public vacation, plus an alternative day of rest deal with public holiday pay;.
or.

— if the employee agrees digitally or in writing, they are entitled to public holiday pay for the public holiday plus premium spend for all hours dealt with the general public holiday. In this case, the staff member will not be offered an alternative 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 agreed electronically or in composing that he will deal with the general public vacation and that, instead of getting an alternative holiday, he will be paid public holiday pay plus premium spend for all the hours he deals with the vacation.

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

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s total regular wages earned in the four work weeks before the general public vacation:
8 hours per day X $20 per hour = $160 daily
$ 160 per day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the general public vacation.

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

3. Combine his total earnings 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 privilege is $160.

Step 2: calculate exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with 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 superior pay of $240, for an overall of $400.

When a worker accepts deal with a public vacation however fails to do so

If a staff member has actually 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 an alternative day of rest with pay.

However, if the employee has affordable cause for not working the general public holiday, then privileges will depend upon which of the 2 alternatives below the worker chose in exchange for agreeing to work on the general public vacation:

— if the staff member had actually concurred electronically or in composing to deal with the public vacation for regular incomes plus an alternative day off with public holiday pay, the worker is entitled to an alternative day off deal with public holiday pay;.
or.

— if the staff member had agreed digitally or in composing to deal with the public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay for the holiday. The worker is not entitled to get any exceptional pay since they did not carry out any deal with the vacation.

When a staff member works only a few of the hours they consented to deal with a public holiday

If a worker has concurred electronically or in composing to work on the general public vacation but works just some of the hours they consented to work, and does not have reasonable cause for failing to work all of the hours, the staff member is just entitled to get premium spend for each hour worked on the holiday. The employee has no right to public vacation pay or a substitute 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 4 hours and did not have affordable cause for failing to work the other 4 hours. Trudi is entitled just to premium pay for the 4 hours she dealt with the holiday. She is not entitled to public vacation pay or to an alternative day of rest work.

However, if the staff member has affordable cause for working just a few of the hours they accepted deal with the public vacation, then:

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

— if the employee had actually concurred electronically or in writing 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 vacation pay plus premium pay for every hour worked on the vacation.

Special rules for particular industries

Special rules apply to staff members who operate in the following kinds of services:

— hotels, motels and tourist resorts;.

— dining establishments and taverns;.

— hospitals 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 company or the video games part of a casino if the games tables are open all the time).

A staff member who operates in any of these services can be needed to deal with a public holiday without their agreement, however just if the vacation falls on a day that the worker would usually work and the staff member is not on getaway.

If a staff member is needed to work, referall.us 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 holiday pay;.
or.

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

The employer picks which of these options will apply.

Note that the company’s ability to need staff members to work on a public vacation is subject to the staff member’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the worker’s work contract. Note also that particular retail workers who work in continuous operations (for instance, a 24-hour corner store) have the right to refuse to work on a public vacation because of the special rules that apply to some retail workers. See the «Retail workers» chapter of this guide for additional information.

A worker in the previously noted companies who is required to work on a public holiday that falls on their ordinary working day but stops working to do so, with affordable cause, is entitled to:

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

— public vacation spend for the vacation.

The employer chooses which alternative will apply.

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

— their regular rate for each hour worked on the vacation plus a replacement holiday with public vacation pay;.
or.

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

The company selects which choice will use.

An employee in any of these companies who is needed to work on a public vacation that falls on their common working day however who fails, without reasonable cause, to work part or all of the general public vacation is only entitled to receive exceptional spend for each hour dealt with the holiday (if any). The staff member has no right to public vacation pay or a substitute day off work.

Overtime calculations when an employee gets exceptional pay

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

If employment ends

Sometimes a staff member’s task concerns an end before the staff member can take a replacement vacation with public holiday pay that they have actually made. In this case, the employer needs to pay the employee’s public vacation pay at the exact same time it pays the staff member’s final wages. This is so no matter the reason the job pertained to an end, whether it is because the staff member stopped, was fired for excellent reason, or for some other factor.