Qualified Employees can Be Full-time

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

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

– public vacation pay plus premium pay for all hours dealt with the public holiday and not get another day off (called a “substitute” vacation);.
or.

– be paid their routine incomes for all hours worked on the public holiday and receive another substitute vacation for which they need to be paid public vacation pay.

Some workers may be required to work on a public holiday. (See “Special guidelines for particular markets” later in this Chapter.) While a lot of workers are eligible for the general public holiday entitlement, some employees operate in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To figure out whether a job is covered, or if special rules apply, please refer to the Guide to employment requirements unique rules and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular wages does not include any overtime pay, getaway 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 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 workers carry out more than one kind of work for an employer. A few of this work may be covered by the public vacation part of the ESA, while another sort of work might be exempt from public holiday protection.

If an employee performs both kinds of work, exempt and covered, they are qualified for the public holiday privilege with regard to a specific public vacation if a minimum of half of the work performed in the work week of the general public holiday is work that is covered.

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public vacation 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 holiday part of the ESA, he is qualified for the public vacation entitlement for Canada Day.

Getting approved for public holiday privileges

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

– stop working without sensible cause to work all of their last frequently arranged day of work before the public vacation 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.

– stop working without reasonable cause to work their whole shift on the general public holiday if they agreed to or were required to work that day.

Note: Most employees who fail to certify for the general public vacation privilege are still entitled to be paid premium spend for every hour they deal with the vacation.

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

The “last and very first guideline”

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

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

Reasonable cause

A worker is normally thought about to have “affordable cause” for missing out on work when something beyond their control prevents the employee from working. Employees are accountable for showing that they had reasonable cause for keeping away from work. If they can do so, they still qualify for public holiday entitlements.

How the last and first guideline works

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

Example: When a staff member takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for approval to remove the Thursday before the public vacation since he has a personal consultation. His employer agrees. Lev’s last routinely set up work day before the holiday is now considered to be on the Wednesday.

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

Example: When an employee leaves early

A public holiday falls on a Friday, and Doris’s office is closed for the holiday. Doris generally 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 regularly scheduled 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 reasonable cause for failing to do so, she is entitled to the paid public holiday.

Example: When a worker is on vacation

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 very first regularly scheduled shift after his holiday – on June 24 and July 10 – or has affordable cause for failing 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 holiday occurs. If Lydia works her last routinely set up day of work before her leave, and her first regularly set up day of work after her leave, or has sensible 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 vacation falls on a Monday, and Ellen’s workplace is closed for the holiday. Ellen does not work on her last scheduled day before the vacation, and she does not have reasonable cause for missing out on that day. She receives no spend for the vacation.

Public vacation pay

The amount of public vacation pay to which an employee is entitled is all of the regular salaries made by the employee in the four work weeks before the work week with the general public holiday plus all of the vacation pay payable to the staff member with regard to the 4 work weeks before the work week with the general public vacation, divided by 20.

When to include trip pay in the estimation of public holiday pay

The amount of holiday pay payable to consist of in the computation of public vacation pay depends upon whether the staff member is on getaway at any time throughout the four work weeks prior to the general public holiday, and the manner in which the employee is to be paid holiday pay. Please describe the Vacation chapter for information on the various methods trip pay can be paid.

Vacation pay payable

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

If the employee is to be paid vacation pay with every pay cheque the amount of holiday pay to consist of in the estimation of public vacation pay will be at least four per cent of all of the staff member’s incomes made during the 4 work week period. (Note that if a worker makes a higher percentage of holiday pay, such as 6 per cent of earnings, then the “getaway pay payable” will be based on that greater percentage.)

If a worker is to receive their vacation pay in a lump sum on a certain date or dates, getaway pay will be consisted of in the calculation of public vacation pay just if that date or dates falls during the relevant 4 work week duration.

Calculating the 4 work week period before the work week with a public holiday

The 4 weeks before the general public vacation is based upon 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 ranges from Thursday to Wednesday. In this case, the four work weeks used to calculate public vacation 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 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, employment December 19

Public vacation: Tuesday, December 25

In this example, the routine earnings earned by the staff member and the holiday pay payable to the worker with regard to the four work weeks from November 22 to December 19 are utilized in the estimation of public holiday pay.

Calculating public vacation pay

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

1. Calculate Iryna’s overall routine earnings earned:
$ 120 per day X 5 days = $600 each week
$ 600 per 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 amount of getaway pay payable with respect to the 4 work week duration:.
Iryna receives her trip pay when she takes her trip. Because she was not on vacation during the 4 work week period, the quantity of holiday pay payable with respect to the 4 work weeks before the general public holiday = $0.

3. Add together her overall incomes made and vacation 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 getaway time is included

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

1. Calculate Brock’s overall regular incomes made:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.

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

3. Add together his overall wages earned and vacation 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 staff member works part-time and each pay cheque consists of holiday 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 regularly set up day after the holiday. She and her company have concurred in composing that she will receive 4 percent vacation pay on each paycheque.

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

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

3. Combine her routine 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 getaway pay

Bertie does not work a set number of hours daily or days each week. Her pay differs from week to week, according to the time she has actually worked. She and her employer have agreed in writing that she will get 4 per cent trip pay on each pay cheque.

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

2. Calculate her getaway 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 staff member is on a leave

Zoe usually works 5 days a week, making $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 incomes or trip pay. She got maternity and adult advantages from the federal Employment Insurance program, however these advantages are not considered “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 arranged day before her leave and her very first regularly set up day after her leave, or has affordable cause for stopping working to do so.

Zoe went on leave on June 10 and only worked 7 days throughout the 4 work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is:

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

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

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

Her public vacation pay for the remainder of the public vacations that fall throughout her leave will be $0. This is since she will not have actually earned any wages or vacation pay on any of the days during the four work weeks before each of those vacations.

Example: When a worker is on a layoff

Eugene typically works 5 days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid earnings or holiday pay. He got employment insurance coverage advantages throughout this time, but these benefits are not considered “incomes.”

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

However, due to the fact that Eugene did not make any salaries or holiday pay in the four work weeks before those 2 public vacations, 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 regular rate of pay. If an employee is entitled to receive superior pay for work on a public vacation, they need to be paid 1 1/2 times their regular rate of spend for each hour worked.

For instance, 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

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

An alternative vacation must be set up for a day that is no later on than three months after the public vacation for which it was earned, or, if the staff member has agreed digitally or in composing, the substitute day off can be scheduled approximately 12 months after the public vacation.

If a worker gets an alternative holiday, the employer must supply the staff member with a composed statement that sets out the public vacation that is being substituted, the date of the substitute vacation, and the date that the statement was provided to the staff member. This statement should be supplied to the staff member before the general public holiday.

Entitlements for public holidays

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 different privileges are set out below.

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

Most workers have the right to get the public holiday off and make money public holiday pay. (Some staff members might be required to deal with a public holiday. See “Special guidelines for specific industries” later in this chapter.)

When a public holiday falls on a worker’s non-working day or throughout a worker’s trip

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

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

– public holiday spend for the general public vacation, if the employee agrees to this electronically or in composing (in this case, the staff member will not be offered an alternative day of rest).

When a worker who receives the day of rest has concurred digitally or in writing to deal with a public holiday

Most staff members deserve to get the general public vacation off and earn money public vacation pay. However, if an employee concurs digitally or in composing to work on the general public vacation, there are 2 alternatives:

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

– if the worker concurs electronically or in writing, they are entitled to public holiday spend for the public vacation plus premium spend for all hours worked on the public holiday. In this case, the worker will not be given an alternative day of rest.

Example: Calculating public vacation pay plus premium pay

A public holiday falls on one of John-Duncan’s normal working days. He and his employer have concurred digitally or in writing that he will deal with the general public vacation and that, rather of getting a replacement holiday, he will be paid public vacation pay plus premium pay for all the hours he works on the holiday.

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

Step 1: calculate public vacation pay:

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

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

3. Total his total earnings made and trip pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public holiday pay privilege is $160.

Step 2: calculate superior pay

Finally, the premium pay owing to John-Duncan for his work on 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 holiday pay of $160 and superior pay of $240, for a total of $400.

When a staff member consents to work on a public vacation however fails to do so

If a worker has actually agreed digitally or in composing to work on the public vacation but does not do so – and does not have sensible cause for not having actually done so – the employee has no right to public vacation pay or to an alternative day off with pay.

However, if the employee has sensible cause for not working the public holiday, then privileges will depend on which of the two options below the worker selected in exchange for concurring to work on the general public holiday:

– if the employee had actually concurred electronically or in composing to deal with the public holiday for routine earnings plus an alternative day of rest with public holiday pay, the staff member is entitled to an alternative day of rest deal with public holiday pay;.
or.

– if the worker had actually agreed digitally 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 holiday pay for employment the holiday. The employee is not entitled to receive any superior pay due to the fact that they did not carry out any deal with the holiday.

When a staff member works only a few of the hours they with a public vacation

If a staff member has actually concurred digitally or in composing to work on the public vacation however works only some of the hours they consented to work, and does not have sensible cause for failing to work all of the hours, the employee is just entitled to get exceptional 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 typical case

Trudi had actually concurred in composing that she would work eight hours on Canada Day however she just worked 4 hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled just to premium spend for the 4 hours she worked on the vacation. She is not entitled to public vacation pay or to a substitute day of rest work.

However, if the employee has reasonable cause for working only some of the hours they consented to deal with the general public holiday, then:

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

– if the worker had actually agreed digitally or in writing to deal with the general public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour dealt with the vacation.

Special rules for specific markets

Special guidelines apply to workers who operate in the following types of companies:

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– medical facilities 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 business or the video games part of a casino if the games tables are open all the time).

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

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

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

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

The employer chooses which of these options will apply.

Note that the employer’s ability to require employees to work on a public holiday is subject to the staff member’s right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the staff member’s work contract. Note likewise that particular retail employees who work in constant operations (for instance, a 24-hour corner store) deserve to refuse to work on a public holiday due to the fact that of the unique rules that use to some retail employees. See the “Retail employees” chapter of this guide to learn more.

A staff member in the formerly listed businesses who is needed to deal with a public vacation that falls on their ordinary working day but stops working to do so, with sensible cause, is entitled to:

– a replacement holiday with public vacation pay;.
or.

– public holiday spend for the vacation.

The company selects which alternative will use.

An employee in any of these services who is needed to work on a public vacation that falls on their ordinary working day but who fails, with affordable cause, to work a few of the hours they were needed to work on the holiday is entitled to either:

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

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

The employer selects which choice will apply.

A staff member in any of these organizations who is required to work on a public vacation that falls on their regular working day but who stops working, without reasonable cause, to work part or all of the general public holiday is only entitled to receive superior pay for each hour worked on the holiday (if any). The staff member has no right to public vacation pay or a substitute day of rest work.

Overtime computations when an employee receives superior pay

Any hours dealt with a public vacation that are compensated with premium pay are not included when determining whether a staff member has worked any overtime hours.

If work ends

Sometimes a worker’s job concerns an end before the employee can take an alternative holiday with public holiday pay that they have made. In this case, the company needs to pay the worker’s public holiday pay at the very same time it pays the staff member’s last incomes. This is so despite the reason the job pertained to an end, whether it is because the staff member gave up, was fired for great factor, or for some other factor.