Qualified Employees can Be Full Time

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

Alternatively, the employee can agree digitally or in writing to work on the holiday and be paid:

- public holiday pay plus premium pay for all hours worked on the public holiday and not receive another day off (called a "alternative" holiday);. or.
- be paid their regular wages for all hours worked on the general public vacation and get another alternative holiday for which they must be paid public holiday pay.
Some workers might be needed to deal with a public vacation. (See "Special guidelines for specific industries" later on in this Chapter.) While most workers are qualified for the public vacation entitlement, some workers work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To identify whether a job is covered, or if special rules apply, please describe the Guide to employment standards unique rules and exemptions.

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

See "Public vacation pay" later in this chapter.

Regular wages does not include any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or employment termination of assignment pay payable to a staff member.

While some companies offer their workers a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not required 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 holiday protection.

If a worker performs both kinds of work, exempt and covered, they are qualified for the public vacation privilege with regard to a particular 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 cab 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, 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 holiday privilege for Canada Day.

Getting approved for public holiday privileges

Generally, staff members get approved for the public holiday entitlement unless they:

- fail without reasonable cause to work all of their last frequently set up day of work before the general public holiday or all of their first frequently 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 entire shift on the public holiday if they accepted or were needed to work that day.
Note: Most staff members who fail to get approved for the public vacation entitlement are still entitled to be paid premium pay for every hour they work on the holiday.

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

The "last and very first guideline"

The "last routinely scheduled day of work before the public holiday" and the "very first regularly set up day of work after the public holiday" do not need to be the days right before and right after the holiday.

For example, a staff member might not be set up to work the day right before or after the vacation. As long as the employee works all of their last routinely arranged 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 considered to have "sensible cause" for missing out on work when something beyond their control prevents the employee from working. Employees are accountable for employment revealing that they had affordable cause for keeping away from work. If they can do so, employment they still get approved for public vacation privileges.

How the last and first guideline works

Rosie's regular work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie's workplace shuts down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the vacation, or has reasonable cause for stopping working to work either of those days, she qualifies to be spent for the vacation.

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev's office closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his employer for permission to take off the Thursday before the general public holiday because he has a personal visit. His employer concurs. 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 holiday and his entire Tuesday shift after the holiday, or has sensible cause for not working either of those days, he certifies for the paid public holiday.

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris's work environment is closed for the holiday. Doris generally 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 general public holiday. The employer concurs. Doris's routinely set up 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 failing to do so, she is entitled to the paid public vacation.

Example: When an employee is on holiday

Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last routinely set up shift before his getaway and very first routinely arranged shift after his holiday - on June 24 and July 10 - or has sensible cause for stopping working 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 scheduled day of work before her leave, and her first regularly arranged day of work after her leave, or has sensible cause for stopping working to do so, she will be entitled to the paid public vacation.

Example: When there is no sensible cause

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

Public holiday pay

The amount of public vacation pay to which a staff member is entitled is all of the regular earnings earned by the staff member in the 4 work weeks before the work week with the public holiday plus all of the getaway pay payable to the worker with respect to the 4 work weeks before the work week with the general public holiday, employment divided by 20.

When to consist of trip pay in the computation of public holiday pay

The amount of getaway pay payable to include in the calculation of public holiday pay depends on whether the worker is on getaway at any time throughout the 4 work weeks prior to the general public holiday, and the manner in which the worker is to be paid trip pay. Please refer to the Vacation chapter for information on the various ways holiday pay can be paid.

Vacation pay payable

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

If the worker is to be paid vacation pay with every pay cheque the amount of trip pay to include in the computation of public vacation pay will be at least four per cent of all of the employee's earnings made during the 4 work week duration. (Note that if a worker makes a greater percentage of holiday pay, such as 6 per cent of earnings, then the "trip pay payable" will be based upon that greater percentage.)

If a worker is to get their getaway pay in a swelling sum on a particular date or dates, holiday pay will be included in the computation of public vacation pay only if that date or dates falls during the appropriate 4 work week period.

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

The 4 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 4 work weeks used to determine public vacation 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 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, the regular wages made by the staff member and the getaway pay payable to the staff member with respect to the four work weeks from November 22 to December 19 are utilized in the computation of public vacation pay.

Calculating public vacation 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 regularly scheduled day after the vacation. She gets her vacation pay when her getaway is taken. She was not on holiday during the four work weeks leading up to the general public holiday.

1. Calculate Iryna's overall routine wages earned: $ 120 per day X 5 days = $600 per week $ 600 per week X 4 work weeks = $2,400. Iryna earned $2,400 of routine earnings in the 4 work weeks before the general public vacation.
2. Calculate the quantity of getaway pay payable with regard to the four work week period:. Iryna gets her getaway pay when she takes her getaway. Because she was not on trip throughout the four work week duration, the quantity of holiday pay payable with respect to the four work weeks before the public vacation = $0.
3. Total her overall wages 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 getaway for employment 2 of the four weeks before the general public holiday. He gets vacation pay before he takes his holiday. He is paid $1,600 trip pay for his 2 weeks of vacation. Brock worked his last frequently arranged work day before the general public holiday and his first regularly scheduled work day after the holiday.

1. Calculate Brock's overall routine wages made:. Brock worked 10 days. $ 160 each day X 10 days = $1,600.
2. Calculate the quantity of getaway pay:. Brock was on vacation for 2 of the four work weeks prior to the work week with the general public vacation, and is paid holiday pay before he takes his vacation. The quantity 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 wages made and trip 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 consists of holiday pay

Tegan works three days a week and earns $120 a day. She worked her last regularly set up work day before the public holiday and her first regularly scheduled day after the holiday. She and her employer have actually agreed in composing that she will get 4 percent trip pay on each paycheque.

1. Calculate Tegan's routine wages made:. $ 120 per day X 3 days = $360 per week. $ 360 weekly X 4 weeks = $1,440.
2. Calculate her holiday 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 incomes earned and holiday 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 holiday pay

Bertie does not work a set variety of hours daily or days per week. Her pay differs from week to week, according to the time she has actually worked. She and her employer have agreed in composing that she will receive 4 per cent holiday pay on each pay cheque.

1. Bertie's regular wages earned throughout the four work weeks before the holiday are $1,500.
2. Calculate her holiday pay payable:. $ 1,500 X 4% = $60.
3. Combine her routine earnings made 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 normally works five days a week, making $120 a day. She receives holiday pay before she goes on getaway. 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 earnings or trip pay. She received maternity and parental benefits from the federal Employment Insurance program, however these benefits are ruled out "incomes."

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 regularly scheduled day before her leave and her very first routinely arranged 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 throughout the 4 work weeks before the Canada Day public vacation. Her public holiday spend for Canada Day is:

- Regular incomes made: $120 a day X 7 days = $840.
- Vacation pay payable: $0 (she was not on holiday during the four work week duration).
- Public holiday pay: ($ 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 made any earnings or vacation pay on any of the days during the 4 work weeks before each of those holidays.

Example: When a staff member is on a layoff

Eugene normally works five days a week, earning $100 a day. He was positioned on temporary layoff on November 15. During his layoff, Eugene was not paid wages or trip pay. He got work insurance advantages during this time, but these advantages are ruled out "wages."

Eugene was recalled to work on December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last routinely arranged day before the layoff and his first routinely scheduled day after the layoff, or has reasonable cause for stopping working to do so.

However, due to the fact that Eugene did not make any salaries or vacation pay in the 4 work weeks before those 2 public vacations, the quantity of public holiday pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker's routine rate of pay. If a worker is entitled to get exceptional spend for deal with a public vacation, they need to be paid 1 1/2 times their routine rate of spend for each hour worked.

For example, Nathan's 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 vacation

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

An alternative vacation need to be arranged for a day that is no behind three months after the public vacation for which it was earned, or, if the worker has actually agreed electronically or in writing, the day of rest can be scheduled up to 12 months after the general public holiday.

If a worker gets an alternative holiday, the employer needs to supply the employee with a written declaration that sets out the general public vacation that is being replaced, the date of the alternative holiday, and the date that the declaration was offered to the employee. This declaration must be offered to the worker before the public holiday.

Entitlements for public holidays

Entitlements for public holidays differ depending on such things as whether the holiday falls on a working day or a non-working day and whether the worker works on the vacation. The different privileges are set out listed below.

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

Most employees deserve to get the public holiday off and make money public vacation pay. (Some employees may be needed to deal with a public vacation. See "Special guidelines for certain industries" later in this chapter.)

When a public vacation falls on a worker's non-working day or during a worker's trip

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

- an alternative holiday off with public holiday pay;. or.
- public vacation pay for the public holiday, if the worker consents to this electronically or in composing (in this case, the staff member will not be given an alternative day of rest).
When a worker who certifies for the day of rest has agreed electronically or in writing to work on a public holiday

Most employees deserve to get the public vacation off and get paid public vacation pay. However, if a staff member concurs digitally or in writing to work on the public vacation, there are two options:

- the staff member is entitled to receive routine wages for all hours worked on the general public vacation, plus a substitute day of rest work with public holiday pay;. or.
- if the employee agrees electronically or in composing, they are entitled to public holiday pay for the public vacation plus premium spend for all hours worked on the general public holiday. In this case, the employee will not be offered an alternative day of rest.
Example: Calculating public vacation pay plus premium pay

A public holiday falls on one of John-Duncan's normal working days. He and his company have concurred digitally or in writing that he will deal with the public holiday and that, rather of getting a replacement vacation, he will be paid public holiday pay plus premium pay for all the hours he works on the vacation.

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

Step 1: compute public vacation pay:

1. Calculate John-Duncan's total regular earnings made in the 4 work weeks before the public holiday: 8 hours each day X $20 per hour = $160 daily $ 160 each day X 5 days = $800 weekly $ 800 X 4 work weeks = $3,200. John-Duncan made $3,200 in the 4 work weeks before the general public vacation.
2. Calculate the quantity of getaway pay payable with respect to the four work week duration:. John-Duncan gets his holiday pay when he takes his holiday. Because he was not on trip throughout the four work week period, the amount of trip pay payable with respect to the four work weeks before the public holiday = $0.
3. Combine his total salaries earned 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 general 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 work on a public vacation however fails to do so

If a staff member has actually concurred digitally or in composing to work on the public holiday but does refrain from doing so - and does not have affordable cause for not having actually done so - the staff member has no right to public vacation pay or to an alternative day off with pay.

However, if the worker has sensible cause for not working the public vacation, then privileges will depend on which of the 2 options listed below the worker picked in exchange for consenting to deal with the general public holiday:

- if the employee had actually agreed digitally or in composing to deal with the public holiday for regular salaries plus an alternative day of rest with public vacation pay, the worker is entitled to a substitute day of rest deal with public vacation pay;. or.
- if the worker had agreed digitally or in writing 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 spend for the holiday. The employee is not entitled to get any premium pay because they did not carry out any deal with the holiday.
When a staff member works just a few of the hours they accepted work on a public vacation

If an employee has actually concurred electronically or in writing to deal with the public holiday but works just some of the hours they accepted work, and does not have reasonable cause for stopping working to work all of the hours, the worker is only entitled to receive superior pay for each hour worked on the holiday. The staff member has no right to public vacation pay or a substitute day of rest work.

Example: A normal case

Trudi had actually agreed in composing that she would work 8 hours on Canada Day however 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 spend for the 4 hours she worked on the vacation. She is not entitled to public holiday pay or to a substitute day off work.

However, if the employee has affordable cause for working just some of the hours they concurred to deal with the public vacation, then:

- the worker 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 staff member had actually agreed digitally 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 plus premium pay for every hour dealt with the vacation.
Special guidelines for certain industries

Special guidelines apply to workers who operate in the following kinds of businesses:

- hotels, motels and tourist resorts;.
- dining establishments and pubs;.
- hospitals and retirement 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 business or the video games part of a casino if the games tables are open around the clock).
A worker 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 staff member is not on trip.

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

- their regular rate for the hours dealt with the public holiday, plus a substitute day off work with public holiday pay;. or.
- public vacation pay plus premium pay for each hour worked.
The employer selects which of these alternatives will use.

Note that the employer's ability to need employees to deal with a public holiday goes through the employee's right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the staff member's employment agreement. Note also that certain retail employees who work in continuous operations (for instance, a 24-hour corner store) deserve to refuse to work on a public holiday due to the fact that of the unique guidelines that apply to some retail employees. See the "Retail employees" chapter of this guide for additional information.

A worker in the previously noted companies who is needed to deal with a public vacation that falls on their normal working day however stops working to do so, with reasonable cause, is entitled to:

- a replacement holiday with public vacation pay;. or.
- public vacation pay for the vacation.
The company chooses which alternative will use.

An employee in any of these businesses who is needed to work on a public vacation that falls on their common working day however who fails, with sensible cause, to work a few of the hours they were needed to deal with the holiday is entitled to either:

- their routine rate for each hour dealt with the vacation plus an alternative holiday with public holiday pay;. or.
- public vacation spend for the vacation plus premium spend for each hour worked.
The employer chooses which option will apply.

A worker in any of these services who is required to deal with a public holiday that falls on their ordinary working day but who stops working, without affordable cause, to work part or all of the public holiday is just entitled to receive exceptional pay for each hour dealt with the vacation (if any). The staff member has no right to public vacation pay or an alternative day off work.

Overtime computations when a staff member receives superior pay

Any hours worked on a public vacation that are compensated with exceptional pay are not consisted of when identifying whether a staff member has worked any overtime hours.

If employment ends

Sometimes a worker's task pertains to an end before the worker can take a substitute vacation with public holiday pay that they have actually made. In this case, the employer needs to pay the employee's public vacation pay at the exact same time it pays the staff member's last incomes. This is so despite the reason the task came to an end, whether it is because the employee quit, was fired for good factor, or for some other reason.