Qualified Employees can Be Full-time

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

Alternatively, the staff member can concur digitally or in writing to deal with the vacation and be paid:

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

– be paid their routine salaries for all hours dealt with the general public holiday and get another replacement holiday for which they must be paid public holiday pay.

Some employees might be needed to deal with a public vacation. (See “Special rules for particular markets” later on in this Chapter.) While the majority of workers are qualified for the general public holiday entitlement, some staff members operate in tasks that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if special rules apply, please refer to the Guide to employment requirements unique guidelines and exemptions.

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

See “Public holiday pay” later in this chapter.

Regular salaries does not consist of 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 a staff member.

While some employers offer their employees 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 workers carry out more than one sort of work for an employer. Some of this work might be covered by the public vacation part of the ESA, while another kind of work might be exempt from public holiday coverage.

If a staff member performs both type of work, exempt and covered, they are qualified for the public holiday entitlement with regard to a specific public vacation 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 holiday protection) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.

Getting approved for public vacation entitlements

Generally, staff members get approved for the public vacation privilege unless they:

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

– stop working without sensible cause to work their whole shift on the public vacation if they accepted or were needed to work that day.

Note: Most employees who fail to receive the public holiday entitlement are still entitled to be paid superior pay for every hour they deal with the vacation.

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

The “last and first guideline”

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

For instance, a staff member might not be set up to work the day right before or after the holiday. As long as the staff member works all of their last regularly arranged shift before the holiday and all of the first one after it, or has affordable cause for not working either of those days, they satisfy this qualifying criterion.

Reasonable cause

An employee is typically considered to have “reasonable 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 staying away from work. If they can do so, they still get approved for public vacation privileges.

How the last and first rule works

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

Example: When a worker takes a day off

A public holiday falls on a Monday, and Lev’s workplace closes down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his company for approval to take off the Thursday before the public holiday since he has a personal visit. His employer concurs. Lev’s last routinely scheduled work day before the holiday is now thought about to be on the Wednesday.

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

Example: When a staff member leaves early

A public vacation falls on a Friday, and Doris’s workplace is closed for the vacation. Doris usually 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 general public holiday. The company concurs. Doris’s routinely arranged shift on the Thursday before the general public holiday is now considered to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has sensible cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When a staff member is on trip

Canada Day falls on July 1. George is on holiday from June 25 to July 9. If George works all of his last routinely scheduled shift before his vacation and first regularly arranged shift after his trip – on June 24 and July 10 – or has affordable cause for failing to do so, he will certify 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 takes place. If Lydia works her last regularly arranged day of work before her leave, and her first regularly scheduled day of work after her leave, or has affordable cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

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

Public vacation pay

The amount of public holiday pay to which a staff member 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 getaway pay payable to the employee with respect to the four work weeks before the work week with the public holiday, divided by 20.

When to consist of holiday pay in the calculation of public vacation pay

The quantity of holiday pay payable to consist of in the calculation of public vacation pay depends on whether the employee is on trip at any time throughout the four work weeks prior to the general public vacation, and the manner in which the worker is to be paid getaway pay. Please refer to the Vacation chapter for info on the various ways vacation pay can be paid.

Vacation pay payable

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

If the employee is to be paid vacation pay with every pay cheque the amount of vacation pay to include in the estimation of public holiday pay will be at least four per cent of all of the staff member’s salaries made during the 4 work week period. (Note that if an employee makes a higher percentage of trip pay, such as six per cent of wages, then the “vacation pay payable” will be based upon that higher portion.)

If an employee is to receive their holiday pay in a swelling sum on a specific date or dates, trip pay will be included in the computation of public holiday pay only if that date or dates falls throughout the pertinent 4 work week duration.

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

The 4 weeks before the public holiday is based on the employer’s work week and is not necessarily 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 utilized to determine 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 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 vacation: Tuesday, December 25

In this example, employment the routine earnings made by the employee and the trip pay payable to the worker with regard to the 4 work weeks from November 22 to December 19 are used in the computation of public holiday pay.

Calculating public vacation pay

Iryna works five days a week and makes $120 a day. She worked her last routinely arranged work day before the general public vacation and her first frequently arranged day after the vacation. She gets her vacation pay when her vacation is taken. She was not on vacation during the 4 work weeks leading up to the general public holiday.

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

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

3. Total her total wages earned 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 holiday time is involved

Brock works 5 days a week and earns $160 a day. He was on holiday for two of the 4 weeks before the general public vacation. He receives vacation pay before he takes his trip. He is paid $1,600 getaway pay for his 2 weeks of vacation. Brock worked his last regularly scheduled work day before the general public vacation and his first frequently set up work day after the vacation.

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

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

3. Add together his total wages made and holiday payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

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

Example: When an employee works part-time and each pay cheque includes holiday pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely scheduled work day before the public vacation and her very first regularly scheduled day after the vacation. She and her company have concurred in composing that she will receive 4 percent vacation pay on each paycheque.

1. Calculate Tegan’s regular salaries made:.
$ 120 daily X 3 days = $360 weekly.
$ 360 weekly 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 each week X 4 weeks = $57.60.

3. Combine her routine incomes made 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 holiday pay.

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

Bertie does not work a set variety of hours daily or days weekly. 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 four percent getaway pay on each pay cheque.

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

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

3. Total her regular salaries earned and getaway pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public vacation pay.

Example: When a staff member is on a leave

Zoe generally works 5 days a week, making $120 a day. She gets getaway pay before she goes on getaway. On June 10, employment she went on a 17-week pregnancy leave, followed by a 35-week adult leave.

During her leaves, she was not paid earnings or employment trip pay. She received maternity and adult gain from the federal Employment Insurance program, however these benefits are not thought about “wages.”

Zoe is entitled to get public holiday pay for the general public vacations that fall during her leave as long as she works her last regularly arranged day before her leave and her first frequently scheduled day after her leave, or has sensible cause for stopping working to do so.

Zoe went on leave on June 10 and only worked seven days throughout the four work weeks before the Canada Day public vacation. Her public vacation pay for Canada Day is:

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

– Vacation pay payable: $0 (she was not on getaway throughout the 4 work week duration).

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

Her public holiday pay for the remainder of the public vacations that fall throughout her leave will be $0. This is because she will not have made any earnings or trip pay on any of the days during the 4 work weeks before each of those vacations.

Example: When a worker is on a layoff

Eugene typically works 5 days a week, earning $100 a day. He was positioned on temporary layoff on November 15. During his layoff, Eugene was not paid earnings or vacation pay. He got employment insurance coverage advantages throughout this time, however these benefits are ruled out “salaries.”

Eugene was remembered to work on December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last routinely set up day before the layoff and his very first frequently scheduled day after the layoff, or has affordable cause for stopping working to do so.

However, due to the fact that Eugene did not make any earnings or holiday pay in the four work weeks before those 2 public vacations, 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 staff member is entitled to receive exceptional pay for work on a public vacation, 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 means that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

A replacement holiday is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday pay for a substitute holiday.

A substitute vacation need to be arranged for a day that is no later than three months after the general public vacation for which it was made, or, if the worker has actually concurred digitally or in composing, the alternative day of rest can be scheduled approximately 12 months after the general public vacation.

If an employee receives a replacement vacation, the company should supply the staff member with a composed statement that sets out the general public vacation that is being replaced, the date of the substitute vacation, and employment the date that the declaration was provided to the staff member. This statement needs to be offered 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 employee works on the holiday. The various entitlements are set out below.

When a public vacation falls on a working day but the staff member does not work

Most workers deserve to get the general public holiday off and make money public vacation pay. (Some workers might be required to deal with a public vacation. See “Special guidelines for specific industries” later on in this chapter.)

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

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

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

– public vacation spend for the general public holiday, if the staff member agrees to this electronically or in writing (in this case, the staff member will not be offered a substitute day of rest).

When an employee who receives the day off has actually agreed electronically or in composing to work on a public holiday

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

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

– if the worker agrees electronically or in composing, they are entitled to public holiday spend for the general public vacation plus premium spend for all hours dealt with the public vacation. In this case, the employee will not be provided a substitute day of rest.

Example: Calculating public holiday pay plus premium pay

A public holiday falls on among John-Duncan’s normal working days. He and his employer have actually concurred digitally or in composing that he will work on the general public holiday and that, instead of getting a substitute holiday, he will be paid public vacation pay plus premium spend for all the hours he deals with the vacation.

John-Duncan routinely 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 4 work weeks before the public vacation. He works eight hours on the public vacation. He receives his trip pay when his trip is taken. He was not on trip throughout the 4 work weeks leading up to the general public holiday

Step 1: compute public vacation pay:

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

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

3. Total his total 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: determine exceptional pay

Finally, the premium pay owing to John-Duncan for his work on the general public holiday 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 premium pay of $240, for an overall of $400.

When an employee accepts work on a public holiday but stops working to do so

If an employee has concurred digitally or in composing to work on the public vacation however does refrain from doing so – and does not have reasonable cause for not having actually done so – the staff member has no right to public holiday pay or to an alternative day of rest with pay.

However, if the staff member has affordable cause for not working the public vacation, then privileges will depend upon which of the two choices below the employee chose in exchange for consenting to deal with the general public holiday:

– if the staff member had actually agreed digitally or in composing to deal with the general public holiday for routine salaries plus an alternative day of rest with public vacation pay, the worker is entitled to a substitute day of rest work with public holiday pay;.
or.

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

When an employee works just a few of the hours they agreed to work on a public holiday

If an employee has concurred electronically or in writing to deal with the public vacation but works just 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 employee is just entitled to get exceptional spend for each hour dealt with the holiday. The staff member has no right to public holiday pay or a substitute day off work.

Example: A typical case

Trudi had agreed in composing that she would work eight hours on Canada Day but she only worked 4 hours and did not have sensible cause for failing to work the other 4 hours. Trudi is entitled just to premium pay for the four hours she worked on the vacation. She is not entitled to public holiday pay or to an alternative day off work.

However, if the employee has affordable cause for working just a few of the hours they accepted work on the public holiday, then:

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

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

Special rules for certain industries

Special rules use to employees who operate in the following kinds of businesses:

– hotels, motels and tourist 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 business or the video games part of a casino if the video games tables are open all the time).

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

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

– their regular rate for the hours worked on the public holiday, plus a substitute day of rest deal with public vacation pay;.
or.

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

The employer picks which of these options will use.

Note that the company’s capability to require staff members to deal with a public holiday is subject to the worker’s right to take a day off for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the staff member’s employment contract. Note also that specific retail employees who work in continuous operations (for instance, a 24-hour corner store) have the right to decline to work on a public vacation because of the unique rules that apply to some retail employees. See the “Retail employees” chapter of this guide to find out more.

An employee in the previously noted services who is needed to deal with a public holiday that falls on their regular working day but fails to do so, with affordable cause, is entitled to:

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

– public vacation pay for the vacation.

The company chooses which option will use.

An employee in any of these services who is needed to work on a public vacation that falls on their regular working day however who fails, with affordable cause, to work some of the hours they were required to deal with the holiday is entitled to either:

– their routine rate for each hour worked on the vacation plus an alternative vacation with public holiday pay;.
or.

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

The employer selects which option will apply.

A staff member in any of these organizations who is needed to deal with a public vacation that falls on their common working day however who stops working, without sensible cause, to work part or all of the general public vacation is just entitled to receive premium spend for each hour dealt with 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 premium pay

Any hours worked on a public vacation that are compensated with premium pay are not included when identifying whether an employee has actually worked any overtime hours.

If employment ends

Sometimes an employee’s task concerns an end before the employee can take a replacement holiday with public vacation pay that they have actually made. In this case, the employer must pay the staff member’s public vacation pay at the same time it pays the worker’s last wages. This is so no matter the factor the task came to an end, whether it is because the worker gave up, was fired for good reason, or for some other reason.