Qualified Employees can Be Full Time

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

Alternatively, the worker can agree electronically or in writing to deal with the vacation and be paid:

– public holiday pay plus premium spend for all hours dealt with the general public vacation and not receive another day of rest (called a “substitute” holiday);.
or.

– be paid their regular incomes for all hours dealt with the public vacation and get another alternative holiday for which they need to be paid public holiday pay.

Some employees might be needed to deal with a public vacation. (See “Special guidelines for certain industries” later in this Chapter.) While a lot of staff members are eligible for the public holiday privilege, some employees operate in tasks that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To determine whether a task is covered, or if special rules use, please describe the Guide to employment standards unique guidelines and exemptions.

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

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

Regular earnings does not consist of any overtime pay, trip pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to an employee.

While some employers give their staff members a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not needed to do so under the ESA.

Performing both covered and exempt work

Some employees carry out more than one sort of work for a company. Some of this work may be covered by the public holiday part of the ESA, while another type of work may be exempt from public vacation coverage.

If a staff member performs both kinds of work, exempt and covered, they are eligible for the general public holiday privilege with regard to a particular public vacation if at least half of the work carried out in the work week of the general 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 vacation coverage) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is qualified for the public vacation privilege for Canada Day.

Qualifying for public vacation entitlements

Generally, staff members get approved for the general public holiday entitlement unless they:

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

– fail without sensible cause to work their entire shift on the public vacation if they accepted or were required to work that day.

Note: Most workers who stop working to get approved for the general public holiday entitlement are still entitled to be paid exceptional 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 employed, or how lots of days they worked before the public vacation.

The “last and very first rule”

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

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

Reasonable cause

An employee is generally considered to have “affordable cause” for missing work when something beyond their control avoids the worker 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 privileges.

How the last and very first guideline works

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

Example: When a staff member takes a day of rest

A public vacation falls on a Monday, and Lev’s workplace closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his company for authorization to remove the Thursday before the public holiday due to the fact that he has a personal consultation. His employer agrees. Lev’s last frequently set up work day before the holiday is now thought about to be on the Wednesday.

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

Example: When an employee leaves early

A public holiday falls on a Friday, and Doris’s workplace 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 vacation. The company agrees. Doris’s frequently set up shift on the Thursday before the general 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 failing to do so, she is entitled to the paid public vacation.

Example: When an employee is on vacation

Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last routinely scheduled shift before his holiday and first routinely scheduled shift after his trip – on June 24 and July 10 – or has reasonable cause for failing to do so, he will get approved for the paid public holiday.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last routinely scheduled day of work before her leave, and her 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 holiday.

Example: When there is no reasonable cause

A public holiday falls on a Monday, and Ellen’s work environment is closed for the holiday. Ellen does not deal with her last scheduled day before the vacation, and she does not have reasonable cause for missing that day. She gets 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 made by the worker in the 4 work weeks before the work week with the public vacation plus all of the holiday pay payable to the employee with respect to the four work weeks before the work week with the public holiday, divided by 20.

When to include vacation pay in the calculation of public vacation pay

The quantity of vacation pay payable to consist of in the computation of public vacation pay depends on whether the staff member is on holiday at any time throughout the four work weeks prior to the general public vacation, and the way in which the worker is to be paid vacation pay. Please refer to the Vacation chapter for details on the different methods trip pay can be paid.

Vacation pay payable

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

If the worker is to be paid vacation pay with every pay cheque the amount of holiday pay to include in the estimation of public holiday pay will be at least 4 percent of all of the employee’s incomes earned throughout the 4 work week period. (Note that if an employee earns a higher portion of trip pay, such as 6 percent of incomes, then the “getaway pay payable” will be based on that higher percentage.)

If a worker is to get their getaway pay in a swelling sum on a certain date or dates, holiday pay will be consisted of in the computation of public holiday 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 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 ranges from Thursday to Wednesday. In this case, the 4 work weeks utilized to compute public holiday pay are those 4 weeks counting backwards 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, December 19

Public holiday: Tuesday, December 25

In this example, the routine earnings made by the employee and the vacation pay payable to the staff member with respect to the 4 work weeks from November 22 to December 19 are utilized in the computation of public vacation pay.

Calculating public holiday pay

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

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

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

3. Add together her total earnings made and trip pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When vacation time is involved

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

1. Calculate Brock’s overall routine incomes earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Add together his total salaries earned and trip 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 an employee works part-time and each pay cheque includes getaway pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely set up work day before the general public holiday and her very first frequently set up day after the holiday. She and her company have concurred in writing that she will get 4 percent getaway pay on each paycheque.

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

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

3. Combine her routine salaries earned and vacation 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: employment When there are no set hours and each pay cheque consists of vacation pay

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

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

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

3. Combine her regular incomes made and vacation 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 worker is on a leave

Zoe usually works five days a week, making $120 a day. She receives trip pay before she goes on vacation. On June 10, she went on a 17-week pregnancy leave, employment followed by a 35-week parental leave.

During her leaves, employment she was not paid wages or holiday pay. She received maternity and adult gain from the federal Employment Insurance program, however these advantages are ruled out “salaries.”

Zoe is entitled to receive public vacation spend for the public vacations that fall throughout her leave as long as she works her last frequently set up day before her leave and her first routinely scheduled day after her leave, or has reasonable cause for stopping working to do so.

Zoe went on leave on June 10 and only worked 7 days during the four work weeks before the Canada Day public holiday. 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 getaway throughout the four work week period).

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

Her public vacation spend for the remainder 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 normally works five days a week, making $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid salaries or holiday pay. He got work insurance advantages during this time, but these advantages are ruled out “earnings.”

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

However, because Eugene did not earn any wages or getaway pay in the 4 work weeks before those 2 public holidays, the amount of public vacation 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 a worker is entitled to get premium pay for deal with a public vacation, they need to be paid 1 1/2 times their routine rate of spend for each hour worked.

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

Substitute holiday

A replacement vacation 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.

A substitute holiday need to be arranged for a day that is no later on than three months after the general public vacation for which it was made, or, if the employee has concurred digitally or in writing, the alternative day off can be arranged approximately 12 months after the general public vacation.

If a staff member receives a substitute holiday, the company should provide the employee with a written declaration that sets out the general public holiday that is being replaced, the date of the alternative holiday, and the date that the declaration was offered to the employee. This declaration should be supplied to the worker before the general public holiday.

Entitlements for public vacations

Entitlements for public vacations 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 vacation. The various entitlements are set out below.

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

Most workers can get the general public vacation off and get paid public vacation pay. (Some employees might be required to deal with a public vacation. See “Special guidelines for specific markets” later on in this chapter.)

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

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

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

– public vacation pay for the public vacation, if the worker concurs to this electronically or in writing (in this case, the employee will not be offered an alternative day of rest).

When an employee who qualifies for the day off has actually concurred digitally or in writing to work on a public holiday

Most workers have the right to get the public vacation off and make money public holiday pay. However, if a staff member agrees digitally or in writing to deal with the general public holiday, there are 2 alternatives:

– the staff member is entitled to receive regular wages for all hours worked on the public vacation, plus a substitute day off work with public vacation pay;.
or.

– if the staff member concurs digitally or in writing, they are entitled to public holiday pay for the general public holiday plus premium pay for all hours dealt with the general public holiday. In this case, the worker will not be provided a substitute 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 company have agreed electronically or in composing that he will deal with the public vacation which, rather of getting a substitute vacation, he will be paid public vacation pay plus premium pay for all the hours he deals with the holiday.

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

Step 1: calculate public vacation pay:

1. Calculate John-Duncan’s overall regular salaries made in the four work weeks before the general public vacation:
8 hours each day X $20 per hour = $160 each day
$ 160 per day X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 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:.
John-Duncan gets his trip pay when he takes his getaway. Because he was not on trip throughout the 4 work week period, the quantity of trip pay payable with regard to the four work weeks before the general public vacation = $0.

3. Add together his total earnings earned and vacation pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public vacation pay entitlement is $160.

Step 2: compute premium pay

Finally, the premium pay owing to John-Duncan for his deal with the public holiday is determined:.
$ 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 exceptional pay of $240, for a total of $400.

When a worker accepts work on a public holiday however stops working to do so

If a staff member has concurred electronically or in writing to deal with the general public vacation but does refrain from doing so – and does not have sensible cause for not having done so – the employee has no right to public holiday pay or to an alternative day of rest with pay.

However, if the staff member has sensible cause for not working the public holiday, then entitlements will depend upon which of the 2 choices below the worker chose in exchange for concurring to deal with the public holiday:

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

– if the employee had actually agreed electronically or in composing to deal with the general public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday spend for the holiday. The worker is not entitled to receive any superior pay because they did not perform any deal with the vacation.

When an employee works only a few of the hours they consented to deal with a public holiday

If a worker has actually concurred digitally or in writing to deal with the public holiday but works only a few of the hours they agreed to work, and does not have affordable cause for failing to work all of the hours, the staff member is only entitled to receive exceptional pay for each hour worked on the holiday. The employee has no right to public vacation pay or an alternative day off work.

Example: A common case

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

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

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

– if the employee had concurred 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 spend for every hour worked on the vacation.

Special rules for specific markets

Special guidelines apply to staff members who in the list below types of companies:

– hotels, motels and traveler resorts;.

– restaurants and taverns;.

– health centers and retirement home;.

– 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 company or the games part of a casino if the video games tables are open around the clock).

A worker who operates in any of these services can be required to work on a public holiday without their contract, but only if the holiday falls on a day that the employee would generally work and the employee is not on getaway.

If an employee is needed to work, they are entitled to either:

– their regular rate for the hours dealt with the public holiday, plus a substitute day off work with public holiday 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 ability to require staff members to work on a public vacation goes through the worker’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note also that certain retail workers who work in constant operations (for instance, a 24-hour benefit store) can decline to work on a public vacation because of the unique rules that apply to some retail employees. See the “Retail employees” chapter of this guide for more details.

An employee in the formerly noted businesses who is needed to deal with a public vacation that falls on their regular working day but stops working to do so, with affordable cause, is entitled to:

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

– public vacation pay for the vacation.

The employer selects which alternative will apply.

An employee in any of these organizations who is required to work on a public holiday that falls on their ordinary working day but who fails, with sensible cause, to work some of the hours they were required to work on the holiday is entitled to either:

– their regular rate for each hour dealt with the holiday plus an alternative vacation with public vacation pay;.
or.

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

The employer picks which alternative will use.

A staff member in any of these businesses who is needed to work on a public vacation that falls on their ordinary working day however who fails, without sensible cause, to work part or all of the public holiday is just entitled to get superior pay for each hour worked on the vacation (if any). The staff member has no right to public holiday pay or a substitute day off work.

Overtime computations when an employee gets exceptional pay

Any hours dealt with a public holiday that are compensated with exceptional pay are not included when figuring out whether an employee has worked any overtime hours.

If work ends

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