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Company Description
Qualified Employees can Be Full Time
Most workers who certify are entitled to take nowadays off work and be paid public holiday pay.
Alternatively, the staff member can agree digitally or in composing to deal with the holiday and be paid:
– public vacation pay plus premium spend for all hours dealt with the general public vacation and not get another day of rest (called a “alternative” holiday);.
or.
– be paid their regular salaries for all hours worked on the general public holiday and receive another alternative holiday for which they must be paid public vacation pay.
Some employees may be required to work on a . (See “Special guidelines for certain industries” later in this Chapter.) While a lot of 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 task is covered, or if special guidelines apply, please refer to the Guide to employment requirements special rules and exemptions.
Use the Employment Standards Self-Service Tool to check compliance with public holidays and other employment standards entitlements.
See “Public holiday pay” later in this chapter.
Regular incomes does not include any overtime pay, trip pay, public vacation 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 employees a holiday 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 employees perform more than one type of work for a company. A few of this work might be covered by the public holiday part of the ESA, while another type of work may be exempt from public holiday protection.
If a staff member carries out both sort of work, exempt and covered, they are eligible for the general public vacation privilege with respect 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 company as both a taxi cab motorist (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 eligible for the public vacation entitlement for Canada Day.
Getting approved for public vacation entitlements
Generally, workers certify for the public holiday entitlement unless they:
– fail without sensible cause to work all of their last regularly arranged day of work before the general public vacation or all of their very first routinely scheduled day of work after the public holiday (this is called the “Last and First Rule”);.
or.
– fail without affordable cause to work their whole shift on the general public vacation if they consented to or were required to work that day.
Note: Most workers who fail to receive the general public holiday entitlement are still entitled to be paid superior spend for every hour they deal with the holiday.
Qualified staff members can be full-time, part time, irreversible or on term agreement. It does not matter how recently they were hired, or how numerous days they worked before the general public vacation.
The “last and very first rule”
The “last routinely scheduled day of work before the general public vacation” and the “first routinely arranged day of work after the general public holiday” do not need to be the days right before and right after the vacation.
For instance, a staff member might not be arranged to work the day right before or after the vacation. As long as the staff member works all of their last regularly set up 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
An employee is normally considered to have “affordable cause” for missing work when something beyond their control prevents the worker from working. Employees are accountable for revealing that they had affordable cause for remaining away from work. If they can do so, they still get approved for public vacation privileges.
How the last and first guideline works
Rosie’s regular work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s work environment closes down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the holiday, or has sensible cause for failing to work either of those days, she qualifies to be paid for the holiday.
Example: When a worker takes a day off
A public vacation falls on a Monday, and Lev’s workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for permission to remove the Thursday before the public holiday because he has an individual appointment. His employer agrees. Lev’s last routinely set up work day before the vacation is now considered to be on the Wednesday.
If Lev works his entire Wednesday shift before the holiday and his whole Tuesday shift after the holiday, or has reasonable cause for not working either of those days, he qualifies for the paid public vacation.
Example: When a worker leaves early
A public holiday falls on a Friday, and Doris’s office is closed for the holiday. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the public vacation. The employer concurs. Doris’s regularly set up shift on the Thursday before the general public vacation 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 affordable cause for stopping working to do so, she is entitled to the paid public vacation.
Example: When a worker 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 routinely scheduled shift before his getaway and first routinely scheduled shift after his vacation – on June 24 and July 10 – or has sensible cause for failing to do so, he will get approved for 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 frequently set up day of work before her leave, and her first regularly set up day of work after her leave, or has reasonable cause for stopping working to do so, she will be entitled to the paid public holiday.
Example: When there is no sensible cause
A public vacation falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not work on 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 vacation.
Public holiday pay
The amount of public holiday pay to which an employee is entitled is all of the regular earnings made by the worker in the four work weeks before the work week with the general public holiday plus all of the trip pay payable to the employee with respect to the four work weeks before the work week with the general public vacation, divided by 20.
When to consist of holiday pay in the calculation of public vacation pay
The quantity of vacation pay payable to consist of in the calculation of public vacation pay depends on whether the staff member is on trip at any time during the four work weeks prior to the general public vacation, and the manner in which the employee is to be paid vacation pay. Please refer to the Vacation chapter for details on the different ways vacation pay can be paid.
Vacation pay payable
If the employee is to be paid their trip pay before they take a getaway or on or employment before the pay day for the period in which the vacation falls, vacation pay will be included in the computation of public vacation pay if the staff member was on getaway during that 4 work week period. If the staff member was not on getaway during that period, no trip pay will be included in the computation.
If the staff member is to be paid trip pay with every pay cheque the quantity of getaway pay to consist of in the estimation of public holiday pay will be at least 4 per cent of all of the staff member’s salaries made throughout the 4 work week period. (Note that if a worker makes a greater percentage of holiday pay, employment such as six per cent of wages, then the “holiday pay payable” will be based on that greater portion.)
If an employee is to receive their trip pay in a swelling sum on a specific date or dates, getaway pay will be included in the calculation of public vacation pay only if that date or dates falls throughout the relevant four work week duration.
Calculating the 4 work week duration before the work week with a public holiday
The 4 weeks before the public holiday is based upon the company’s work week and is not always a calendar week.
Example:
Christmas Day falls on a Tuesday. Suppose that a company’s work week ranges from Thursday to Wednesday. In this case, the 4 work weeks used to calculate public holiday pay are those 4 weeks counting in reverse from the very first Wednesday (the last day of the company’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 vacation: Tuesday, December 25
In this example, the regular wages earned by the employee 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 holiday pay.
Calculating public holiday pay
Iryna works five days a week and makes $120 a day. She worked her last routinely scheduled work day before the general public vacation and her first frequently scheduled day after the vacation. She gets her vacation pay when her holiday is taken. She was not on trip during the four work weeks leading up to the public holiday.
1. Calculate Iryna’s total routine earnings made:
$ 120 each day X 5 days = $600 per week
$ 600 each week X 4 work weeks = $2,400.
Iryna made $2,400 of regular incomes in the 4 work weeks before the public vacation.
2. Calculate the quantity of getaway pay payable with regard to the 4 work week period:.
Iryna receives her vacation pay when she takes her holiday. Because she was not on vacation during the 4 work week period, the amount of vacation pay payable with respect to the 4 work weeks before the public holiday = $0.
3. Add together her total salaries made and getaway 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 included
Brock works 5 days a week and makes $160 a day. He was on holiday for 2 of the 4 weeks before the general public holiday. He gets getaway pay before he takes his holiday. He is paid $1,600 trip pay for his two weeks of vacation. Brock worked his last regularly arranged work day before the general public vacation and his very first routinely arranged work day after the holiday.
1. Calculate Brock’s total routine wages made:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.
2. Calculate the amount of getaway pay:.
Brock was on holiday for two of the 4 work weeks prior to the work week with the general public vacation, and is paid vacation pay before he takes his getaway. The quantity of getaway pay payable with respect to the 4 work weeks prior to the work week with the public vacation = $1,600.
3. Add together his total wages earned and vacation payable and divide the sum 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 earns $120 a day. She worked her last routinely arranged work day before the public vacation and her very first frequently set up day after the vacation. She and her employer have actually concurred in composing that she will get 4 percent getaway pay on each paycheque.
1. Calculate Tegan’s routine earnings made:.
$ 120 daily X 3 days = $360 weekly.
$ 360 per week X 4 weeks = $1,440.
2. Calculate her vacation 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 wages 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 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 worked. She and her employer have concurred in writing that she will get 4 per cent vacation pay on each pay cheque.
1. Bertie’s routine incomes made throughout the four work weeks before the holiday are $1,500.
2. Calculate her vacation pay payable:.
$ 1,500 X 4% = $60.
3. Add together her routine wages made and getaway 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 generally works 5 days a week, making $120 a day. She gets vacation pay before she goes on holiday. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave.
During her leaves, she was not paid incomes or trip pay. She received maternity and adult advantages from the federal Employment Insurance program, however these benefits are ruled out “earnings.”
Zoe is entitled to get public vacation spend for the general public vacations that fall during 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 reasonable cause for stopping working to do so.
Zoe went on leave on June 10 and only worked 7 days during the 4 work weeks before the Canada Day public vacation. Her public vacation pay for Canada Day is:
– Regular wages made: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on getaway during the 4 work week period).
– Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public vacation pay for the rest of the public vacations that fall during her leave will be $0. This is because she will not have made any incomes or holiday pay on any of the days during the 4 work weeks before each of those vacations.
Example: When an employee is on a layoff
Eugene typically works five days a week, earning $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid wages or vacation pay. He got employment insurance coverage advantages during this time, but these benefits are not thought about “earnings.”
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 very first regularly set up day after the layoff, or has affordable cause for failing to do so.
However, due to the fact that Eugene did not make any earnings or trip pay in the 4 work weeks before those two public vacations, the amount 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 an employee is entitled to get superior spend for work on a public holiday, they must 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 holiday
A replacement 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 a substitute vacation.
A substitute holiday need to be set up for a day that is no behind three months after the public vacation for which it was made, or, if the employee has actually agreed digitally or in writing, the alternative day off can be arranged as much as 12 months after the public vacation.
If a worker receives a substitute holiday, the employer must provide the employee with a written statement that sets out the public holiday that is being replaced, the date of the alternative holiday, and the date that the declaration was provided to the worker. This declaration should be supplied to the employee before the general public holiday.
Entitlements for public holidays
Entitlements for public holidays differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the staff member works on the vacation. The various privileges are set out listed below.
When a public vacation falls on a working day but the worker does not work
Most staff members can get the general public vacation off and make money public vacation pay. (Some employees might be needed to deal with a public vacation. See “Special rules for particular markets” later in this chapter.)
When a public vacation falls on a staff member’s non-working day or during a worker’s getaway
When a public holiday falls on a day that is not generally a working day for an employee, or during the employee’s vacation, the staff member is entitled to either:
– an alternative vacation off with public holiday pay;.
or.
– public holiday pay for the general public vacation, if the staff member agrees to this digitally or in composing (in this case, the worker will not be provided an alternative day off).
When a staff member who gets approved for the day of rest has concurred digitally or in composing to work on a public holiday
Most staff members have the right to get the public vacation off and make money public vacation pay. However, if a worker concurs electronically or in writing to work on the public holiday, there are 2 choices:
– the worker is entitled to receive regular earnings for all hours worked on the public vacation, plus a substitute day of rest work with public holiday pay;.
or.
– if the staff member concurs digitally or in composing, they are entitled to public vacation pay for the general public vacation plus premium pay for all hours worked on the general public vacation. In this case, the worker will not be provided an alternative day of rest.
Example: Calculating public vacation pay plus premium pay
A public holiday falls on among John-Duncan’s typical working days. He and his employer have concurred electronically or in writing that he will work on the general public vacation which, rather of getting a substitute holiday, he will be paid public holiday pay plus premium pay for all the hours he deals with the vacation.
John-Duncan regularly works 8 hours a day, five days a week. His routine hourly pay rate is $20. He has actually dealt with all his scheduled work days in the 4 work weeks before the general public vacation. He works 8 hours on the general public holiday. He gets his vacation pay when his vacation is taken. He was not on holiday during the 4 work weeks leading up to the public vacation
Step 1: determine public holiday pay:
1. Calculate John-Duncan’s overall regular wages earned in the 4 work weeks before the general public holiday:
8 hours each day X $20 per hour = $160 daily
$ 160 per day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the four work weeks before the general public vacation.
2. Calculate the amount of vacation pay payable with respect to the four work week period:.
John-Duncan gets his trip pay when he takes his trip. Because he was not on vacation throughout the 4 work week duration, the amount of trip pay payable with regard to the four work weeks before the public vacation = $0.
3. Combine his overall salaries made and getaway pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public holiday pay privilege is $160.
Step 2: calculate exceptional pay
Finally, the premium pay owing to John-Duncan for his deal with 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 holiday pay of $160 and employment premium pay of $240, for a total of $400.
When a staff member consents to work on a public holiday but fails to do so
If a worker has actually agreed electronically or in composing to deal with the general public vacation however does refrain from doing so – and does not have reasonable cause for not having actually done so – the employee has no right to public vacation pay or to a substitute day off with pay.
However, if the worker has reasonable cause for not working the general public holiday, then privileges will depend upon which of the two alternatives listed below the staff member selected in exchange for consenting to deal with the general public vacation:
– if the worker had actually concurred electronically or in composing to deal with the public vacation for regular earnings plus an alternative day of rest with public holiday pay, the staff member is entitled to a substitute day of rest deal with public vacation pay;.
or.
– if the staff member had agreed 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 staff member is not entitled to get any premium pay due to the fact that they did not carry out any deal with the holiday.
When a staff member works just a few of the hours they agreed to deal with a public holiday
If a staff member has actually concurred digitally or in writing to deal with the public vacation however works just some of the hours they consented to work, and does not have sensible cause for stopping working to work all of the hours, the employee is only entitled to receive premium pay for each hour dealt with the vacation. The staff member has no right to public holiday pay or an alternative day of rest work.
Example: A typical case
Trudi had concurred in composing that she would work 8 hours on Canada Day but she just worked 4 hours and did not have sensible cause for failing to work the other four hours. Trudi is entitled only to premium spend for the four hours she worked on the holiday. She is not entitled to public vacation pay or to an alternative day off work.
However, if the employee has affordable cause for working only some of the hours they consented to deal with the public holiday, then:
– the staff member is entitled to their routine rate for all the hours worked plus a substitute day of rest work with public vacation pay;.
or.
– if the employee had actually agreed digitally or in composing to work on the public holiday 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 worked on the vacation.
Special rules for certain industries
Special rules use to employees who operate in the following types of services:
– hotels, motels and traveler resorts;.
– dining establishments and pubs;.
– medical facilities and retirement home;.
– 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).
An employee who works in any of these businesses can be needed to deal with a public holiday without their contract, but just if the holiday falls on a day that the employee would usually work and the worker is not on holiday.
If an employee is required to work, they are entitled to either:
– their routine rate for the hours worked on the public holiday, plus a substitute day of rest work with public holiday pay;.
or.
– public vacation pay plus premium spend for each hour worked.
The company chooses which of these options will use.
Note that the company’s ability to need employees to deal with a public holiday undergoes the worker’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the regards to the staff member’s employment agreement. Note also that particular retail workers who operate in constant operations (for instance, a 24-hour corner store) have the right to refuse to work on a public holiday because of the special guidelines that use to some retail workers. See the “Retail workers” chapter of this guide to learn more.
A worker in the previously noted organizations who is needed to deal with a public vacation that falls on their common working day however stops working to do so, with affordable cause, is entitled to:
– a substitute vacation with public holiday pay;.
or.
– public holiday spend for the vacation.
The employer chooses which option 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 but who stops working, with reasonable cause, to work a few of the hours they were needed to deal with the vacation is entitled to either:
– their regular rate for each hour dealt with the vacation plus a substitute vacation with public holiday pay;.
or.
– public vacation pay for the vacation plus premium pay for each hour worked.
The company chooses which alternative will apply.
An employee in any of these businesses who is required to deal with a public vacation that falls on their ordinary working day but who fails, without affordable cause, to work part or all of the public vacation is just entitled to get exceptional spend for each hour worked on the holiday (if any). The employee has no right to public holiday pay or a substitute day off work.
Overtime estimations when an employee gets premium pay
Any hours dealt with a public vacation that are compensated with exceptional pay are not included when figuring out whether a worker has worked any overtime hours.
If employment ends
Sometimes a staff member’s task comes to an end before the worker can take a substitute holiday with public vacation pay that they have made. In this case, the company needs to pay the staff member’s public holiday pay at the exact 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 because the worker gave up, was fired for good reason, or for some other factor.