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Company Description
Qualified Employees can Be Full Time
Most staff members who qualify are entitled to take nowadays off work and be paid public holiday pay.
Alternatively, the staff member can agree electronically or in composing to work on the holiday and be paid:
– public holiday pay plus premium pay for all hours worked on the public holiday and not get another day of rest (called a “substitute” vacation);.
or.
– be paid their routine wages for all hours dealt with the public holiday and get another substitute vacation for which they must be paid public holiday pay.
Some staff members may be required to deal with a public holiday. (See “Special rules for certain industries” later on in this Chapter.) While many employees are eligible for the public vacation privilege, some staff members operate in tasks that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if unique guidelines use, please refer to the Guide to employment requirements special rules and exemptions.
Use the Employment Standards Self-Service Tool to inspect compliance with public vacations and other employment standards entitlements.
See “Public vacation pay” later in this chapter.
Regular incomes does not consist of any overtime pay, holiday pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a worker.
While some employers give their staff members a vacation on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.
Performing both covered and exempt work
Some staff members carry out more than one sort of work for a company. Some of this work may be covered by the public holiday part of the ESA, while another sort of work may be exempt from public vacation protection.
If a worker carries out both kinds of work, exempt and covered, they are eligible for the public vacation entitlement with respect to a specific public holiday if a minimum of half of the work performed in the work week of the 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 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 vacation part of the ESA, he is qualified for the public holiday entitlement for Canada Day.
Qualifying for public holiday privileges
Generally, staff members receive the general public holiday entitlement unless they:
– fail without affordable cause to work all of their last regularly scheduled day of work before the public holiday or all of their first frequently set up day of work after the general public vacation (this is called the “Last and First Rule”);.
or.
– fail without sensible cause to work their whole shift on the public holiday if they agreed to or were required to work that day.
Note: Most employees who stop working to receive the general public holiday privilege are still entitled to be paid superior spend for every hour they work on the vacation.
Qualified staff members can be full-time, part-time, irreversible or on term agreement. It does not matter how just recently they were employed, or the number of days they worked before the general public vacation.
The “last and very first rule”
The “last regularly set up day of work before the public vacation” and the “first routinely scheduled day of work after the general public vacation” do not have to be the days right before and right after the vacation.
For instance, a worker might not be arranged to work the day right before or after the vacation. As long as the employee works all of their last regularly scheduled shift before the holiday and all of the very first one after it, or has sensible cause for not working either of those days, they meet this certifying criterion.
Reasonable cause
A worker is typically thought about 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 affordable cause for keeping away from work. If they can do so, they still receive public vacation privileges.
How the last and very first rule works
Rosie’s regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s office closes down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the holiday, or has sensible cause for stopping working to work either of those days, she qualifies to be spent for the holiday.
Example: When an employee takes a day of rest
A public holiday falls on a Monday, employment and Lev’s office shuts down for that day. Lev regularly works Monday to Thursday. Lev has asked his employer for consent to take off the Thursday before the general public vacation since he has a personal consultation. His employer agrees. Lev’s last routinely 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 reasonable cause for not working either of those days, he certifies for the paid public vacation.
Example: When a staff member 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 public vacation. The employer agrees. Doris’s regularly arranged shift on the Thursday before the general public vacation is now thought about to be from 9 a.m. to 3 p.m.
. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has affordable cause for 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 vacation from June 25 to July 9. If George works all of his last frequently scheduled shift before his holiday and very first frequently set up shift after his vacation – 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 employment layoff
Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last regularly arranged day of work before her leave, and her very first frequently arranged day of work after her leave, or has sensible cause for failing to do so, she will be entitled to the paid public holiday.
Example: When there is no sensible cause
A public holiday falls on a Monday, and Ellen’s office 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 that day. She receives no pay for the holiday.
Public holiday pay
The quantity of public vacation pay to which a staff member is entitled is all of the regular incomes earned by the staff member in the four 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 four work weeks before the work week with the public holiday, divided by 20.
When to include holiday pay in the computation of public holiday pay
The amount of getaway pay payable to include in the calculation of public vacation pay depends upon whether the staff member is on holiday at any time during the four work weeks prior to the public holiday, and the way in which the staff member is to be paid vacation pay. Please refer to the Vacation chapter for details on the different methods vacation pay can be paid.
Vacation pay payable
If the employee is to be paid their vacation pay before they take a holiday or on or before the pay day for the duration in which the vacation falls, trip pay will be included in the estimation of public holiday pay if the staff member was on getaway throughout that 4 work week duration. If the employee was not on trip during that period, no vacation pay will be included in the calculation.
If the employee is to be paid vacation pay with every pay cheque the amount of vacation pay to consist of in the computation of public vacation pay will be at least four percent of all of the worker’s salaries earned during the 4 work week duration. (Note that if a worker earns a higher percentage of trip pay, such as six percent of incomes, then the “vacation pay payable” will be based upon that greater percentage.)
If an employee is to get their getaway pay in a swelling amount on a certain date or dates, vacation pay will be consisted of in the computation of public vacation pay only if that date or dates falls throughout the appropriate 4 work week duration.
Calculating the four work week period before the work week with a public vacation
The four weeks before the public holiday is based upon the employer’s work week and is not necessarily a calendar week.
Example:
Christmas Day falls on a Tuesday. Suppose that an employer’s work week runs from Thursday to Wednesday. In this case, the four work weeks utilized to compute public vacation pay are those 4 weeks counting backwards from the very first Wednesday (the last day of the company’s work week) before the work week in which the public vacation falls.
– Week 1: Thursday, November 22 – Wednesday, November 28
– Week 2: Thursday, November 29 – Wednesday, December 5
– Week 3: Thursday, December 6 – Wednesday, December 12
– Week 4: Thursday, December 13 – Wednesday, December 19
Public vacation: Tuesday, December 25
In this example, the routine wages earned by the worker and the vacation pay payable to the staff member with regard to the four work weeks from November 22 to December 19 are used in the estimation of public holiday pay.
Calculating public holiday pay
Iryna works 5 days a week and earns $120 a day. She worked her last frequently scheduled work day before the public holiday and her first frequently set up day after the vacation. She gets her holiday pay when her getaway is taken. She was not on throughout the four work weeks leading up to the public vacation.
1. Calculate Iryna’s total routine salaries made:
$ 120 per day X 5 days = $600 each week
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of regular earnings in the 4 work weeks before the general public holiday.
2. Calculate the amount of vacation pay payable with respect to the 4 work week period:.
Iryna receives her getaway pay when she takes her getaway. Because she was not on vacation throughout the four work week duration, the amount of getaway pay payable with regard to the four work weeks before the general public vacation = $0.
3. Combine her overall earnings made and vacation pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.
Result: Iryna is entitled to $120 public vacation pay.
Example: When trip time is involved
Brock works 5 days a week and earns $160 a day. He was on vacation for 2 of the four weeks before the public holiday. He gets getaway pay before he takes his getaway. He is paid $1,600 trip pay for his two weeks of trip. Brock worked his last frequently set up work day before the public vacation and his first frequently scheduled work day after the holiday.
1. Calculate Brock’s overall routine salaries made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the quantity of getaway pay:.
Brock was on vacation for 2 of the 4 work weeks prior to the work week with the public holiday, and is paid holiday pay before he takes his vacation. The amount of getaway pay payable with regard to the 4 work weeks prior to the work week with the public vacation = $1,600.
3. Total his total earnings made and employment getaway payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.
Result: Brock is entitled to $160 public holiday pay.
Example: When a worker works part-time and each pay cheque includes vacation pay
Tegan works three days a week and makes $120 a day. She worked her last routinely arranged work day before the general public holiday and her first regularly set up day after the holiday. She and her company have concurred in writing that she will receive four percent vacation pay on each paycheque.
1. Calculate Tegan’s routine wages earned:.
$ 120 per day X 3 days = $360 per week.
$ 360 each week X 4 weeks = $1,440.
2. Calculate her getaway pay payable:.
$ 4.80 each day (4% of $120) X 3 days = $14.40 per week.
$ 14.40 weekly X 4 weeks = $57.60.
3. Combine her regular earnings earned and trip pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.
Result: Tegan is entitled to $74.88 public holiday pay.
Example: When there are no set hours and each pay cheque consists of trip pay
Bertie does not work a set variety of hours daily or days each week. Her pay differs from week to week, according to the time she has actually worked. She and employment her employer have concurred in composing that she will get 4 per cent vacation pay on each pay cheque.
1. Bertie’s routine incomes made throughout the 4 work weeks before the vacation are $1,500.
2. Calculate her holiday pay payable:.
$ 1,500 X 4% = $60.
3. Add together her regular earnings earned and trip pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
Result: Bertie is entitled to $78 public holiday pay.
Example: When an employee is on a leave
Zoe normally works five days a week, making $120 a day. She gets getaway pay before she goes on holiday. 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 holiday pay. She received maternity and adult gain from the federal Employment Insurance program, but these benefits 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 frequently set up day before her leave and her first frequently set up day after her leave, or has sensible cause for stopping working to do so.
Zoe went on leave on June 10 and just worked seven days during the four work weeks before the Canada Day public holiday. Her public holiday spend for Canada Day is:
– Regular incomes earned: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on vacation during the 4 work week duration).
– Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public vacation pay for the remainder of the public holidays 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 throughout 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, making $100 a day. He was positioned on short-term layoff on November 15. During his layoff, Eugene was not paid salaries or vacation pay. He received work insurance benefits throughout this time, but these advantages are not thought about “wages.”
Eugene was recalled to deal with December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last regularly scheduled day before the layoff and his very first regularly set up day after the layoff, or has affordable cause for failing to do so.
However, since Eugene did not make any earnings or holiday pay in the four work weeks before those two 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 receive exceptional pay for work on a public vacation, they should 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 replace a public holiday. Employees are entitled to be paid public holiday pay for an alternative holiday.
An alternative vacation should be scheduled for a day that is no behind 3 months after the general public vacation for which it was made, or, if the worker has actually concurred electronically or in composing, the alternative day of rest can be arranged approximately 12 months after the general public vacation.
If a staff member gets a replacement holiday, the company should supply the worker with a written statement that sets out the general public holiday that is being replaced, the date of the replacement vacation, and the date that the statement was offered to the worker. This declaration should be supplied to the worker before the public holiday.
Entitlements for public vacations
Entitlements for public holidays vary depending on such things as whether the holiday falls on a working day or a non-working day and whether the worker deals with the holiday. The various entitlements are set out 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 holiday off and earn money public vacation pay. (Some employees may be required to deal with a public vacation. See “Special rules for particular industries” later in this chapter.)
When a public holiday falls on a staff member’s non-working day or during a staff member’s getaway
When a public holiday falls on a day that is not ordinarily a working day for a staff member, or throughout the employee’s vacation, the employee is entitled to either:
– an alternative holiday off with public holiday pay;.
or.
– public vacation spend for the public vacation, if the employee agrees to this digitally or in writing (in this case, the staff member will not be offered an alternative day off).
When a staff member who certifies for the day off has actually agreed digitally or in writing to deal with a public vacation
Most workers deserve to get the public holiday off and earn money public vacation pay. However, if an employee agrees digitally or in composing to work on the public holiday, there are 2 options:
– the worker is entitled to get routine salaries for all hours dealt with the public vacation, plus an alternative day of rest work with public holiday pay;.
or.
– if the staff member agrees electronically or in writing, they are entitled to public vacation spend for the public vacation plus premium pay for all hours dealt with the public vacation. In this case, the worker will not be given an alternative day of rest.
Example: Calculating public holiday pay plus premium pay
A public vacation falls on among John-Duncan’s typical working days. He and his company have concurred electronically or in writing that he will deal with the public holiday which, employment rather of getting a substitute holiday, he will be paid public holiday pay plus premium spend for all the hours he works on the vacation.
John-Duncan frequently works 8 hours a day, 5 days a week. His routine hourly pay rate is $20. He has worked on all his scheduled work days in the four work weeks before the general public vacation. He works eight hours on the public vacation. He gets his getaway pay when his trip is taken. He was not on trip during the four work weeks leading up to the public vacation
Step 1: compute public holiday pay:
1. Calculate John-Duncan’s overall routine wages earned in the four work weeks before the general public holiday:
8 hours per day X $20 per hour = $160 daily
$ 160 each day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the general public holiday.
2. Calculate the amount of holiday pay payable with respect to the four work week period:.
John-Duncan gets his holiday pay when he takes his holiday. Because he was not on getaway throughout the 4 work week duration, the amount of getaway pay payable with regard to the four work weeks before the general public holiday = $0.
3. Add together his total salaries earned and vacation pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public vacation pay privilege is $160.
Step 2: calculate exceptional pay
Finally, the premium pay owing to John-Duncan for his work on the public holiday is computed:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240
John-Duncan’s premium pay privilege is $240.
Result: John-Duncan is entitled to public vacation pay of $160 and premium pay of $240, for a total of $400.
When a worker agrees to deal with a public holiday however fails to do so
If a staff member has actually agreed electronically or in writing to deal with the public vacation however does refrain from doing so – and does not have sensible cause for not having actually done so – the worker has no right to public vacation pay or to an alternative day of rest with pay.
However, if the worker has sensible cause for not working the public vacation, then entitlements will depend on which of the 2 alternatives listed below the worker selected in exchange for accepting deal with the public holiday:
– if the staff member had concurred electronically or in writing to work on the public vacation for regular earnings plus a substitute day off with public vacation pay, the worker is entitled to an alternative day off work with public holiday pay;.
or.
– if the staff member had actually agreed electronically or in composing to work on the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay for the vacation. The staff member is not entitled to receive any premium pay due to the fact that they did not carry out any deal with the vacation.
When an employee works only some of the hours they concurred to work on a public holiday
If an employee has concurred digitally or in writing to work on the public vacation but works only some of the hours they agreed to work, and does not have sensible cause for stopping working to work all of the hours, the worker is only entitled to receive exceptional spend for each hour dealt with the vacation. The employee has no right to public holiday pay or an alternative day off work.
Example: A common case
Trudi had concurred in writing that she would work eight hours on Canada Day but she just worked 4 hours and did not have reasonable cause for stopping working to work the other 4 hours. Trudi is entitled only to premium pay for the 4 hours she worked on the vacation. She is not entitled to public holiday pay or to a substitute day of rest work.
However, if the worker has sensible cause for working only a few of the hours they consented to work on the public vacation, then:
– the staff member is entitled to their routine rate for all the hours worked plus a substitute day of rest deal with public vacation pay;.
or.
– if the employee had actually 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 holiday.
Special rules for specific markets
Special rules use to workers who work in the list below types of organizations:
– hotels, motels and tourist resorts;.
– restaurants and pubs;.
– health centers and nursing homes;.
– constant 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 gambling establishment if the games tables are open all the time).
A staff member who works in any of these organizations can be needed to deal with a public vacation without their contract, however just if the holiday falls on a day that the worker would normally work and the staff member is not on vacation.
If a staff member is required to work, they are entitled to either:
– their regular rate for the hours dealt with the public holiday, plus an alternative day of rest deal with public holiday pay;.
or.
– public vacation pay plus premium spend for each hour worked.
The employer selects which of these options will use.
Note that the company’s capability to need employees to deal with 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 terms of the staff member’s employment agreement. Note also that specific retail employees who operate in continuous operations (for example, a 24-hour convenience shop) can decline to work on a public holiday because of the unique rules that apply to some retail workers. See the “Retail employees” chapter of this guide to learn more.
A staff member in the formerly listed services who is needed to work on a public holiday that falls on their ordinary working day however stops working to do so, with affordable cause, is entitled to:
– an alternative vacation with public vacation pay;.
or.
– public vacation spend for the vacation.
The employer selects which choice will apply.
A staff member in any of these companies who is required to work on a public vacation that falls on their common working day but who fails, with sensible 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 worked on the holiday plus a substitute vacation with public holiday pay;.
or.
– public vacation spend for the holiday plus premium spend for each hour worked.
The company chooses which choice will use.
A staff member in any of these services who is needed to deal with a public vacation that falls on their common working day but who stops working, without sensible cause, to work part or all of the public holiday is just entitled to receive exceptional pay for each hour worked on the holiday (if any). The employee has no right to public vacation pay or a substitute day off work.
Overtime computations when a staff member receives superior pay
Any hours dealt with a public vacation that are compensated with premium pay are not included when identifying whether a worker has actually worked any overtime hours.
If employment ends
Sometimes an employee’s task pertains to an end before the staff member can take an alternative vacation with public holiday pay that they have earned. In this case, the company should pay the employee’s public vacation pay at the exact same time it pays the staff member’s last incomes. This is so no matter the factor the task concerned an end, whether it is since the worker quit, was fired for good reason, or for some other reason.