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Qualified Employees can Be Full Time

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

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

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

– be paid their regular incomes for all hours dealt with the general public vacation and get another substitute vacation for which they should be paid public vacation pay.

Some employees might be required to deal with a public holiday. (See “Special guidelines for particular markets” later in this Chapter.) While a lot of employees are qualified for the general public vacation entitlement, some workers work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To figure out whether a job is covered, or if special guidelines apply, please describe the Guide to employment standards 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 on in this chapter.

Regular incomes does not include any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to an employee.

While some employers provide their workers a vacation 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 workers carry out more than one kind of work for employment an employer. Some of this work may be covered by the public vacation part of the ESA, while another sort of work may be exempt from public holiday protection.

If a staff member performs both kinds of work, exempt and covered, they are qualified for the general public holiday entitlement with respect to a particular public vacation if a minimum of half of the work carried out in the work week of the general public vacation is work that is covered.

Rupert works for a taxi business as both a taxi cab driver (work that is exempt from public holiday coverage) 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 eligible for the general public vacation privilege for employment Canada Day.

Qualifying for public vacation entitlements

Generally, workers receive the public holiday privilege unless they:

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

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

Note: Most staff members who stop working to receive the public vacation privilege are still entitled to be paid premium pay for every hour they deal with the holiday.

Qualified employees can be full-time, part time, long-term or on term contract. It does not matter how recently they were employed, or how many days they worked before the public vacation.

The “last and very first rule”

The “last frequently arranged day of work before the general public vacation” and the “first frequently scheduled day of work after the general public vacation” do not need to be the days right previously and right after the vacation.

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

Reasonable cause

A staff member is usually considered to have “affordable cause” for missing work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had reasonable cause for keeping away from work. If they can do so, they still certify for public holiday entitlements.

How the last and first rule works

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

Example: When a worker takes a day off

A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev regularly works Monday to Thursday. Lev has asked his employer for approval to remove the Thursday before the general public vacation because he has a personal visit. His employer agrees. Lev’s last regularly scheduled work day before the vacation is now considered to be on the Wednesday.

If Lev works his whole Wednesday shift before the holiday and his entire 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 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 regularly set up 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 holiday

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last routinely arranged shift before his trip and very first regularly set up shift after his vacation – on June 24 and July 10 – or has affordable cause for failing to do so, he will receive the paid public holiday.

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation takes place. If Lydia works her last frequently scheduled day of work before her leave, and her first frequently scheduled day of work after her leave, or has reasonable cause for failing to do so, she will be entitled to the paid public vacation.

Example: When there is no reasonable cause

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

Public holiday pay

The amount of public holiday pay to which a staff member 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 regard to the 4 work weeks before the work week with the public holiday, divided by 20.

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

The amount of getaway pay payable to consist of in the computation of public holiday pay depends upon whether the employee is on vacation at any time throughout the 4 work weeks prior to the public vacation, and the manner in which the staff member is to be paid trip pay. Please describe the Vacation chapter for information on the different ways getaway pay can be paid.

Vacation pay payable

If the worker 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 consisted of in the calculation of public vacation pay if the worker was on holiday throughout that four work week duration. If the staff member was not on vacation during that duration, no trip pay will be included in the computation.

If the staff member is to be paid holiday pay with every pay cheque the amount of holiday pay to include in the calculation of public holiday pay will be at least 4 per cent of all of the employee’s earnings made during the four work week duration. (Note that if a staff member earns a higher portion of getaway pay, such as six percent of earnings, then the “holiday pay payable” will be based upon that higher portion.)

If a staff member is to receive their getaway pay in a lump amount on a certain date or dates, getaway pay will be included in the calculation of public holiday pay just 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 holiday 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 runs from Thursday to Wednesday. In this case, the four work weeks used to compute public holiday pay are those four weeks counting backwards from the very first Wednesday (the last day of the employer’s work week) before the work week in which the general 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 holiday: Tuesday, December 25

In this example, the regular incomes earned by the staff member and the trip pay payable to the staff member with respect to the four work weeks from November 22 to December 19 are utilized in the estimation of public holiday pay.

Calculating public holiday pay

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

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

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

3. Combine her overall incomes 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 getaway time is involved

Brock works 5 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 vacation pay before he takes his vacation. He is paid $1,600 getaway spend for his 2 weeks of getaway. Brock worked his last routinely scheduled work day before the public holiday and his first regularly scheduled work day after the vacation.

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

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

3. Add together his overall incomes made 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 vacation pay.

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

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

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

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

3. Add together her routine salaries made and getaway pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

Result: Tegan is entitled to $74.88 public holiday pay.

Example: When there are no set hours and each pay cheque includes getaway pay

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

1. Bertie’s regular earnings made during the four work weeks before the holiday are $1,500.

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

3. Add together her regular salaries 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 a staff member is on a leave

Zoe normally works 5 days a week, earning $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 earnings or holiday pay. She got maternity and parental take advantage of the federal Employment Insurance program, but these benefits are ruled out “earnings.”

Zoe is entitled to receive public vacation pay for the general public vacations that fall throughout her leave as long as she works her last routinely arranged day before her leave and her first frequently set up day after her leave, or has sensible cause for failing 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 spend for Canada Day is:

– Regular wages 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 vacation pay.

Her public vacation spend for the rest of the public vacations that fall during her leave will be $0. This is since she will not have made any wages or vacation pay on any of the days throughout the 4 work weeks before each of those holidays.

Example: When an employee is on a layoff

Eugene normally works five days a week, making $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid earnings or holiday pay. He received employment insurance benefits during this time, but these advantages are ruled out “incomes.”

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 regularly scheduled day before the layoff and his first frequently arranged day after the layoff, or has affordable cause for stopping working to do so.

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

Premium pay

Premium pay is 1 1/2 times a staff member’s routine rate of pay. If a worker is entitled to receive premium spend for work on a public vacation, they need to be paid 1 1/2 times their routine rate of pay for each hour worked.

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

Substitute vacation

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

A replacement holiday must be scheduled for a day that is no later than three months after the general public vacation for which it was earned, or, if the employee has actually concurred digitally or in composing, the substitute day of rest can be arranged approximately 12 months after the public holiday.

If a staff member gets a replacement vacation, the employer needs to offer the worker with a written declaration that sets out the public vacation that is being substituted, the date of the alternative vacation, and the date that the statement was provided to the staff member. This declaration needs to be provided to the worker before the public holiday.

Entitlements for public holidays

Entitlements for public vacations vary depending on such things as whether the holiday falls on a working day or a non-working day and whether the employee works on the holiday. The different entitlements are set out listed below.

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

Most employees can get the public holiday off and get paid public holiday pay. (Some employees may be needed to work on a public vacation. See “Special guidelines for specific markets” later in this chapter.)

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

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

– an alternative vacation off with public holiday pay;.
or.

– public vacation spend for the general public vacation, if the staff member consents to this digitally or in writing (in this case, the staff member will not be provided a substitute day off).

When an employee who receives the day of rest has actually agreed digitally or in writing to work on a public vacation

Most staff members have the right to get the general public holiday off and make money public vacation pay. However, if a worker 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 worked on the general public vacation, plus a substitute day of rest work with public vacation pay;.
or.

– if the worker concurs digitally or in writing, they are entitled to public holiday spend for the public holiday plus premium spend for all hours dealt with the general public vacation. In this case, the staff member will not be offered an alternative day off.

Example: Calculating public holiday pay plus premium pay

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

John-Duncan routinely works 8 hours a day, five days a week. His routine hourly pay rate is $20. He has worked on all his scheduled work days in the 4 work weeks before the public vacation. He works eight hours on the public vacation. He receives his vacation pay when his vacation is taken. He was not on getaway during the 4 work weeks leading up to the general public holiday

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s total regular salaries made in the four work weeks before the general public vacation:
8 hours each day X $20 per hour = $160 daily
$ 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 holiday.

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

3. Add together his overall wages earned and trip pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Step 2: determine exceptional pay

Finally, the premium pay owing to John-Duncan for his deal with the public vacation 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 entitlement 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 deal with a public vacation however stops working to do so

If an employee has actually agreed digitally or in writing to deal with the public holiday but does refrain from doing so – and does not have sensible cause for not having actually done so – the employee has no right to public vacation pay or to a substitute day of rest with pay.

However, if the employee has reasonable cause for not working the public vacation, then entitlements will depend on which of the 2 options below the staff member selected in exchange for employment agreeing to deal with the public vacation:

– if the worker had actually concurred digitally or in writing to work on the general public vacation for regular wages plus a substitute day off with public holiday pay, the worker is entitled to an alternative day of rest work with public vacation pay;.
or.

– if the employee had actually concurred digitally or in composing 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 vacation spend for the vacation. The employee is not entitled to receive any exceptional pay because they did not carry out any work on the vacation.

When a worker works just some of the hours they consented to work on a public holiday

If an employee has actually agreed electronically or in composing to work on the general public holiday however works only a few 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 superior pay for each hour dealt with the vacation. The worker has no right to public vacation pay or an alternative day off work.

Example: A common case

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

However, if the employee has sensible cause for working only a few of the hours they to deal with the public holiday, then:

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

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

Special guidelines for particular markets

Special guidelines use to employees who work in the list below kinds of businesses:

– hotels, motels and tourist resorts;.

– restaurants and taverns;.

– health centers and assisted living home;.

– continuous 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 company or the games part of a casino if the games tables are open all the time).

An employee who works in any of these organizations can be needed to deal with a public holiday without their agreement, but only if the holiday falls on a day that the employee 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 worked on the general public holiday, plus an alternative day of rest work with public holiday pay;.
or.

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

The company picks which of these choices will apply.

Note that the company’s capability to need staff members to work on a public holiday undergoes the worker’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note likewise that specific retail workers who work in constant operations (for instance, a 24-hour corner store) can decline to work on a public vacation due to the fact that of the special rules that apply to some retail workers. See the “Retail workers” chapter of this guide for more details.

A worker in the formerly noted organizations who is needed to work on a public holiday that falls on their common working day but stops working to do so, with sensible cause, is entitled to:

– an alternative holiday with public vacation pay;.
or.

– public holiday pay for the holiday.

The company chooses which alternative will apply.

An employee in any of these businesses who is required to work on a public vacation that falls on their normal working day but who stops working, with reasonable cause, to work a few of the hours they were needed to work on the holiday is entitled to either:

– their regular rate for each hour worked on the holiday plus a replacement holiday with public vacation pay;.
or.

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

The employer picks which choice will apply.

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

Overtime calculations when a worker receives superior pay

Any hours worked on a public vacation that are compensated with exceptional pay are not consisted of when figuring out whether a worker has worked any overtime hours.

If work ends

Sometimes a staff member’s job comes to an end before the employee can take a substitute vacation with public holiday pay that they have actually made. In this case, the employer should pay the staff member’s public holiday pay at the same time it pays the employee’s last salaries. This is so no matter the factor the task pertained to an end, whether it is due to the fact that the staff member stopped, was fired for great factor, or for some other reason.

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