Qualified Employees can Be Full-time

Most workers who qualify are entitled to take these days off work and be paid public holiday pay.

Alternatively, the employee 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 public vacation and not receive another day of rest (called a «replacement» holiday);.
or.

– be paid their routine wages for all hours dealt with the general public vacation and receive another alternative holiday for which they should be paid public holiday pay.

Some staff members may be needed to deal with a public holiday. (See «Special rules for specific markets» later in this Chapter.) While many workers are eligible for the public holiday entitlement, some staff members work 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 unique rules apply, please describe the Guide to employment requirements unique rules and exemptions.

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

See «Public holiday pay» later on in this chapter.

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

While some companies give their staff members a vacation on Easter Sunday, Easter Monday, the 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 staff members perform more than one sort of work for a company. A few of this work might be covered by the public holiday part of the ESA, while another kind of work might be exempt from public holiday coverage.

If an employee carries out both type of work, exempt and covered, they are qualified for the general public holiday entitlement with respect to a specific public holiday 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 cab driver (work that is exempt from public holiday 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 holiday privilege for Canada Day.

Qualifying for public holiday privileges

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

– stop working without reasonable cause to work all of their last frequently scheduled day of work before the general public vacation or all of their first regularly set up day of work after the public holiday (this is called the «Last and First Rule»);.
or.

– stop working without sensible cause to work their entire shift on the general public holiday if they agreed 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 spend for every hour they deal with the vacation.

Qualified workers can be full time, part time, permanent or on term agreement. It does not matter how recently they were hired, or how many days they worked before the public holiday.

The «last and very first guideline»

The «last regularly scheduled day of work before the public holiday» and the «first frequently set up day of work after the general public holiday» do not need to be the days right previously and right after the vacation.

For instance, an employee might not be set up to work the day right before or after the holiday. 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 criterion.

Reasonable cause

A staff member is normally considered to have «sensible cause» for missing out on work when something beyond their control avoids the employee from working. Employees are responsible for revealing that they had sensible cause for keeping away from work. If they can do so, they still receive public vacation privileges.

How the last and very first guideline works

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

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his employer for authorization to remove the Thursday before the general public holiday because he has an individual consultation. His employer agrees. Lev’s last frequently scheduled work day before the vacation is now considered to be on the Wednesday.

If Lev works his entire Wednesday shift before the vacation and his entire Tuesday shift after the holiday, or has affordable cause for not working either of those days, he gets approved for 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 usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the public vacation. The employer agrees. Doris’s routinely set up shift on the Thursday before the general 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, referall.us or has affordable cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When an employee is on trip

Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last regularly set up shift before his holiday and first regularly arranged shift after his holiday – on June 24 and July 10 – or has affordable 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 occurs. If Lydia works her last routinely scheduled day of work before her leave, and her first frequently 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 sensible cause

A public holiday falls on a Monday, and Ellen’s work environment is closed for the vacation. Ellen does not work on her last scheduled day before the vacation, and she does not have reasonable cause for missing that day. She gets no pay for the holiday.

Public vacation pay

The quantity of public holiday pay to which an employee is entitled is all of the regular wages earned by the employee in the 4 work weeks before the work week with the public holiday plus all of the vacation pay payable to the staff member with respect to the 4 work weeks before the work week with the public vacation, divided by 20.

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

The amount of getaway pay payable to consist of in the calculation of public holiday pay depends upon whether the staff member is on trip at any time during the four work weeks prior to the general public vacation, and the way in which the worker is to be paid holiday pay. Please refer to the Vacation chapter for information on the different ways trip pay can be paid.

Vacation pay payable

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

If the worker 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 four per cent of all of the staff member’s salaries made throughout the 4 work week period. (Note that if a worker earns a greater percentage of getaway pay, such as six percent of earnings, then the «trip pay payable» will be based on that greater percentage.)

If a staff member is to receive their trip pay in a swelling amount on a specific date or dates, trip pay will be consisted of in the estimation of public holiday pay only if that date or dates falls throughout the pertinent four work week period.

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

The 4 weeks before the general public vacation is based on the company’s work week and is not necessarily 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 compute public vacation pay are those four weeks counting in reverse from the first Wednesday (the last day of the company’s work week) before the work week in which the general 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 staff member and the getaway pay payable to the employee with regard to the four work weeks from November 22 to December 19 are used in the calculation of public vacation 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 public holiday and her very first frequently scheduled day after the vacation. She gets her getaway pay when her trip is taken. She was not on holiday during the 4 work weeks leading up to the public vacation.

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

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

3. Combine her overall incomes 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 holiday pay.

Example: When holiday time is involved

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

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

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

3. Add together his total incomes earned and getaway payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

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

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

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

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

3. Combine her regular 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: When there are no set hours and each pay cheque consists of trip pay

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

1. Bertie’s routine earnings earned throughout the four work weeks before the holiday are $1,500.

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

3. Total her routine earnings 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 holiday pay.

Example: When an employee is on a leave

Zoe usually works 5 days a week, earning $120 a day. She gets holiday 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 salaries or getaway pay. She received maternity and adult advantages from the federal Employment Insurance program, however these benefits are ruled out «earnings.»

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 set up day before her leave and her first frequently set up day after her leave, or has reasonable cause for stopping working to do so.

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

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

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

– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation 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 earned any wages or trip pay on any of the days throughout 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 momentary layoff on November 15. During his layoff, Eugene was not paid incomes or holiday pay. He got work insurance coverage benefits throughout this time, but these advantages are ruled out «wages.»

Eugene was recalled 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 routinely set up day before the layoff and his first routinely set up day after the layoff, or has affordable cause for failing to do so.

However, because Eugene did not make any incomes or vacation 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 worker’s regular rate of pay. If an employee is entitled to get exceptional 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 regular rate of pay is $20 an hour. This means that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

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

An alternative holiday should be arranged for a day that is no behind three months after the general public holiday for which it was earned, or, if the employee has actually agreed digitally or in composing, the substitute day of rest can be arranged approximately 12 months after the general public vacation.

If an employee gets an alternative vacation, the company must provide the employee with a composed declaration that sets out the general public holiday that is being substituted, the date of the replacement holiday, and the date that the declaration was provided to the employee. This statement needs to be provided to the worker before the general public vacation.

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 deals with the holiday. The different privileges are set out listed below.

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

Most employees have the right to get the public vacation off and make money public vacation pay. (Some employees might be needed to work on a public vacation. See «Special rules for specific industries» later in this chapter.)

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

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

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

– public holiday spend for the general public vacation, if the worker consents to this digitally or in writing (in this case, the worker will not be provided an alternative day off).

When a worker who gets approved for the day of rest has agreed electronically or in writing to work on a public holiday

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

– the staff member is entitled to receive routine earnings for all hours dealt with the public holiday, plus a substitute day off work with public holiday pay;.
or.

– if the staff member agrees digitally or in writing, they are entitled to public vacation pay for the public holiday plus premium pay for all hours dealt with the public holiday. In this case, the staff member will not be given a substitute day of rest.

Example: Calculating public holiday pay plus premium pay

A public vacation falls on one of John-Duncan’s normal working days. He and his company have actually concurred electronically or in writing that he will deal with the general public holiday and that, instead of getting an alternative vacation, he will be paid public vacation pay plus premium spend for all the hours he deals with the holiday.

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

Step 1: determine public vacation pay:

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

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

3. Total his overall earnings made and trip 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 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 entitlement is $240.

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

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

If a staff member has agreed digitally or in writing to deal with the general public vacation but does not do so – and does not have reasonable cause for not having actually done so – the staff member has no right to public vacation pay or to an alternative day of rest with pay.

However, if the staff member has reasonable cause for not working the general public vacation, then entitlements will depend upon which of the two alternatives below the staff member selected in exchange for consenting to deal with the general public vacation:

– if the worker had concurred electronically or in writing to deal with the public vacation for regular salaries plus an alternative day of rest with public holiday pay, the worker is entitled to an alternative day of rest work with public holiday pay;.
or.

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

When a worker works only some of the hours they accepted deal with a public vacation

If an employee has concurred electronically or in writing to work on the general public vacation however works only a few of the hours they concurred to work, and does not have affordable cause for failing to work all of the hours, the worker is only entitled to receive superior spend for each hour dealt with the vacation. The worker has no right to public vacation pay or an alternative day off work.

Example: A normal case

Trudi had actually concurred in writing that she would work eight hours on Canada Day but she just worked 4 hours and did not have affordable cause for stopping working to work the other four hours. Trudi is entitled only to premium spend for the four hours she worked on the vacation. She is not entitled to public holiday pay or to an alternative day of rest work.

However, if the staff member has sensible cause for working only some of the hours they consented to deal with the public holiday, then:

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

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

Special guidelines for certain industries

Special rules apply to employees who work in the following types of companies:

– hotels, motels and tourist resorts;.

– dining establishments and taverns;.

– medical facilities and retirement home;.

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

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

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

– their routine rate for the hours worked on the general public holiday, plus a substitute day off deal with public vacation pay;.
or.

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

The company chooses which of these choices will use.

Note that the company’s ability to need workers to work on a public vacation goes through the employee’s right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note also that certain retail employees who work in constant operations (for example, a 24-hour corner store) deserve to decline to work on a public vacation due to the fact that of the unique rules that use to some retail workers. See the «Retail workers» chapter of this guide for more details.

A staff member in the formerly listed services who is required to deal with a public holiday that falls on their normal working day however stops working to do so, with sensible cause, is entitled to:

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

– public vacation pay for the vacation.

The company picks which choice will use.

A staff member in any of these organizations who is required to deal with a public holiday that falls on their normal working day but who stops working, with reasonable cause, to work some 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 substitute vacation with public holiday pay;.
or.

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

The employer picks which option will apply.

A staff member in any of these services who is required to work on a public vacation that falls on their regular working day but who stops working, without affordable cause, to work part or all of the general public vacation is only entitled to get premium pay for each hour dealt with the vacation (if any). The employee has no right to public vacation pay or a substitute day off work.

Overtime computations when an employee receives superior pay

Any hours worked on a public holiday that are compensated with exceptional pay are not included when figuring out whether a staff member has worked any overtime hours.

If work ends

Sometimes an employee’s task 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 must pay the worker’s public vacation pay at the very same time it pays the staff member’s final earnings. This is so no matter the factor the job concerned an end, whether it is due to the fact that the worker stopped, was fired for excellent reason, or for some other reason.