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Qualified Employees can Be Full-time

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

Alternatively, the staff member can concur digitally or in composing to work on the holiday and be paid:

– public holiday pay plus premium spend for all hours worked on the general public holiday and not receive another day off (called a “alternative” vacation);.
or.

– be paid their routine earnings for all hours worked on the general and get another alternative holiday for which they must be paid public holiday pay.

Some employees may be needed to work on a public vacation. (See “Special guidelines for certain markets” later on in this Chapter.) While the majority of staff members are eligible for the public vacation entitlement, some staff members operate in tasks that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To figure out whether a task is covered, or if unique rules use, please describe 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 requirements privileges.

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

Regular incomes does not consist of any overtime pay, vacation pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to a staff member.

While some employers offer their employees a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not required 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 may be covered by the public holiday part of the ESA, while another kind of work might be exempt from public holiday coverage.

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

Rupert works for a taxi company as both a taxi cab chauffeur (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.

Getting approved for public vacation privileges

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

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

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

Note: Most staff members who fail to certify for the general public vacation privilege are still entitled to be paid premium spend for employment every hour they work on the holiday.

Qualified employees 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 vacation.

The “last and very first rule”

The “last frequently set up day of work before the general public holiday” and the “first regularly set up day of work after the general public vacation” do not need to be the days right in the past and right after the vacation.

For instance, a staff member might not be set up to work the day right before or after the vacation. As long as the staff member works all of their last frequently scheduled shift before the vacation and all of the very first one after it, employment or has reasonable cause for not working either of those days, they meet this certifying criterion.

Reasonable cause

A staff member is usually considered to have “reasonable cause” for missing work when something beyond their control avoids the employee from working. Employees are accountable for revealing that they had reasonable cause for remaining away from work. If they can do so, they still get approved for public vacation entitlements.

How the last and very first rule works

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

Example: When an employee takes a day off

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for authorization to take off the Thursday before the public vacation due to the fact that he has an individual appointment. His employer concurs. Lev’s last routinely set up work day before the vacation is now thought about to be on the Wednesday.

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

Example: When a staff member leaves early

A public vacation falls on a Friday, employment and Doris’s office is closed for the vacation. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the general public holiday. The employer agrees. Doris’s routinely arranged shift on the Thursday before the public holiday is now thought about to be from 9 a.m. to 3 p.m.

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

Example: When an employee 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 routinely scheduled shift before his trip and first frequently set up shift after his holiday – 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 an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation takes place. If Lydia works her last regularly arranged day of work before her leave, and her very first routinely set up day of work after her leave, or has affordable cause for stopping working to do so, she will be entitled to the paid public vacation.

Example: When there is no affordable cause

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

Public vacation pay

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

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

The amount of vacation pay payable to consist of in the computation of public vacation pay depends upon whether the employee is on getaway at any time during the 4 work weeks prior to the general public holiday, and the manner in which the worker is to be paid holiday pay. Please refer to the Vacation chapter for information on the various ways holiday pay can be paid.

Vacation pay payable

If the worker 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 getaway falls, holiday pay will be included in the estimation of public vacation pay if the employee was on vacation throughout that four work week period. If the employee was not on trip throughout that duration, no trip pay will be consisted of in the estimation.

If the staff member is to be paid vacation pay with every pay cheque the amount of holiday pay to consist of in the computation of public vacation pay will be at least 4 percent of all of the staff member’s earnings made throughout the four work week period. (Note that if a worker makes a greater portion of vacation pay, such as six per cent of wages, then the “getaway pay payable” will be based on that greater portion.)

If an employee is to get their vacation pay in a lump sum on a particular date or dates, holiday pay will be included in the estimation of public vacation pay only if that date or dates falls during the appropriate 4 work week duration.

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

The 4 weeks before the general public holiday is based upon the company’s work week and is not necessarily a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company’s work week runs from Thursday to Wednesday. In this case, the 4 work weeks utilized to compute 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 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 regular salaries made by the employee and the vacation pay payable to the employee with respect to the four work weeks from November 22 to December 19 are used in the computation of public holiday pay.

Calculating public vacation pay

Iryna works 5 days a week and makes $120 a day. She worked her last frequently arranged work day before the public holiday and her very first routinely arranged day after the vacation. She receives her vacation pay when her vacation is taken. She was not on trip during the 4 work weeks leading up to the public vacation.

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

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

3. Add together her overall incomes earned and getaway pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When trip time is involved

Brock works five days a week and earns $160 a day. He was on getaway for 2 of the four weeks before the public vacation. He gets holiday pay before he takes his trip. He is paid $1,600 vacation spend for his two weeks of holiday. Brock worked his last routinely arranged work day before the public holiday and his very first routinely set up 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 quantity of trip pay:.
Brock was on holiday for 2 of the 4 work weeks prior to the work week with the general public holiday, and is paid vacation pay before he takes his getaway. The amount of getaway pay payable with respect to the four work weeks prior to the work week with the general public holiday = $1,600.

3. Total his overall earnings 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 an employee works part-time and each pay cheque includes vacation pay

Tegan works three days a week and earns $120 a day. She worked her last regularly set up work day before the general public vacation and her first frequently arranged day after the vacation. She and her company have concurred in composing that she will get four percent trip pay on each paycheque.

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

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

3. Total her regular incomes earned and vacation 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 includes trip pay

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

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

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

3. Add together her routine salaries earned and getaway 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 typically works 5 days a week, earning $120 a day. She gets getaway pay before she goes on vacation. 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 holiday pay. She got maternity and parental benefits from the federal Employment Insurance program, however these benefits are ruled out “wages.”

Zoe is entitled to get public holiday spend for the public vacations that fall during her leave as long as she works her last regularly scheduled day before her leave and her very first regularly arranged day after her leave, or has reasonable cause for failing to do so.

Zoe went on leave on June 10 and just worked 7 days throughout the 4 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 trip throughout the four work week period).

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

Her public holiday pay for the rest of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have made any salaries or holiday pay on any of the days during the four work weeks before each of those holidays.

Example: When a staff member is on a layoff

Eugene usually works 5 days a week, earning $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid earnings or trip pay. He got work insurance benefits during this time, however these benefits are ruled out “incomes.”

Eugene was remembered to work on December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last regularly scheduled day before the layoff and his very first frequently scheduled day after the layoff, or has reasonable cause for failing to do so.

However, because Eugene did not earn any salaries or getaway pay in the four work weeks before those 2 public holidays, the amount of public holiday pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a staff member’s regular rate of pay. If an employee is entitled to get exceptional spend for deal with a public holiday, they need to be paid 1 1/2 times their regular rate of spend for each hour worked.

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

Substitute holiday

A replacement vacation is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public holiday pay for a replacement holiday.

A substitute holiday need to be set up for a day that is no later on than 3 months after the general public vacation for which it was made, or, if the staff member has actually concurred electronically or in composing, the substitute day off can be scheduled up to 12 months after the general public holiday.

If a staff member receives a substitute vacation, the company must supply the worker with a written statement that sets out the general public holiday that is being replaced, the date of the replacement holiday, and the date that the declaration was provided to the employee. This declaration must be provided to the employee before the general public vacation.

Entitlements for public holidays

Entitlements for public holidays vary depending on such things as whether the vacation falls on a working day or a non-working day and whether the staff member works on the vacation. The various entitlements are set out listed below.

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

Most employees deserve to get the general public vacation off and make money public holiday pay. (Some employees might be required to deal with a public holiday. See “Special rules for specific markets” later in this chapter.)

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

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

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

– public holiday pay for the public holiday, if the staff member consents to this digitally or in writing (in this case, the worker will not be provided a substitute day of rest).

When a staff member who gets approved for the day off has actually agreed digitally or in composing to deal with a public holiday

Most employees have the right to get the general public vacation off and make money public vacation pay. However, if an employee agrees electronically or in writing to work on the general public holiday, there are two options:

– the staff member is to get regular earnings for all hours dealt with the public vacation, plus a substitute day of rest work with public vacation pay;.
or.

– if the employee concurs digitally or in composing, they are entitled to public vacation spend for the general public holiday plus premium pay for all hours worked on the general public vacation. In this case, the employee will not be offered a substitute day off.

Example: Calculating public holiday pay plus premium pay

A public holiday falls on one of John-Duncan’s regular working days. He and his employer have actually concurred electronically or in composing that he will work on the public holiday and that, instead of getting an alternative holiday, he will be paid public vacation pay plus premium spend for all the hours he works on the holiday.

John-Duncan routinely works 8 hours a day, 5 days a week. His regular per hour pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the general public vacation. He works 8 hours on the public holiday. He gets his trip pay when his holiday is taken. He was not on trip throughout the four work weeks leading up to the public holiday

Step 1: determine public vacation pay:

1. Calculate John-Duncan’s total regular wages made in the four work weeks before the general public holiday:
8 hours daily X $20 per hour = $160 each day
$ 160 daily X 5 days = $800 weekly
$ 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 amount of getaway pay payable with respect to the four work week period:.
John-Duncan gets his vacation pay when he takes his vacation. Because he was not on getaway throughout the 4 work week period, the quantity of vacation pay payable with respect to the 4 work weeks before the general public holiday = $0.

3. Combine his total earnings made and vacation 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: calculate superior pay

Finally, the premium pay owing to John-Duncan for his deal with the 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 entitlement is $240.

Result: John-Duncan is entitled to public vacation pay of $160 and exceptional pay of $240, for an overall of $400.

When a staff member agrees to deal with a public holiday but stops working to do so

If an employee has concurred electronically or in composing to work on the public vacation however does not do so – and does not have reasonable cause for not having done so – the staff member has no right to public vacation pay or to a substitute day of rest with pay.

However, if the worker has reasonable cause for not working the public holiday, then entitlements will depend on which of the two choices listed below the employee chose in exchange for consenting to deal with the general public vacation:

– if the employee had agreed electronically or in writing to work on the public vacation for regular salaries plus an alternative day off with public holiday pay, the staff member is entitled to a substitute day off work with public vacation pay;.
or.

– if the worker had concurred electronically or in writing to deal with the public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the holiday. The worker is not entitled to get any premium pay because they did not perform any work on the holiday.

When a staff member works just some of the hours they consented to deal with a public holiday

If a staff member has actually concurred electronically or in writing to deal with the public vacation but works just a few of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the employee is just entitled to receive exceptional spend for each hour dealt with the vacation. The staff member has no right to public holiday pay or a substitute day of rest work.

Example: A normal case

Trudi had concurred in composing that she would work eight hours on Canada Day but she only worked 4 hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled only to premium spend for the four hours she dealt with the holiday. She is not entitled to public vacation pay or to a substitute day of rest work.

However, if the staff member has sensible cause for working only a few of the hours they accepted work on the general public vacation, then:

– the employee is entitled to their routine rate for all the hours worked plus a substitute day of rest work with public vacation pay;.
or.

– if the employee had agreed digitally or in composing to deal with the public vacation for public holiday 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 holiday.

Special rules for certain markets

Special rules apply to staff members who operate in the following types of businesses:

– hotels, motels and traveler resorts;.

– dining establishments and taverns;.

– hospitals and nursing homes;.

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

A worker who operates in any of these organizations can be needed to work on a public holiday without their arrangement, but only if the vacation falls on a day that the worker would normally work and the staff member is not on getaway.

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

– their routine rate for the hours worked on the general public holiday, plus an alternative day of rest work with public vacation pay;.
or.

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

The employer chooses which of these alternatives will use.

Note that the employer’s capability to need employees to deal with a public holiday undergoes the staff member’s right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the regards to the staff member’s employment agreement. Note likewise that certain retail employees who work in constant operations (for instance, a 24-hour convenience store) can decline to work on a public vacation since of the special guidelines that use to some retail workers. See the “Retail workers” chapter of this guide to find out more.

A worker in the previously noted services who is required to deal with a public holiday that falls on their regular working day but fails to do so, with affordable cause, is entitled to:

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

– public holiday pay for the holiday.

The company chooses which choice will use.

A worker in any of these organizations who is needed to deal with a public holiday that falls on their regular working day however who stops working, with affordable cause, to work a few of the hours they were required to work on the holiday is entitled to either:

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

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

The employer selects which alternative will use.

A staff member in any of these organizations who is needed to work on a public holiday that falls on their ordinary working day but who stops working, without affordable cause, to work part or all of the general public holiday is only entitled to get superior spend 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 computations when a staff member receives premium pay

Any hours dealt with a public holiday that are compensated with superior pay are not included when determining whether a worker has worked any overtime hours.

If work ends

Sometimes an employee’s job pertains to an end before the employee can take a replacement vacation with public vacation pay that they have made. In this case, the employer needs to pay the employee’s public vacation pay at the exact same time it pays the worker’s final wages. This is so regardless of the reason the job concerned an end, whether it is because the employee stopped, was fired for great factor, or for some other factor.