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Qualified Employees can Be Full-time
Most staff members who qualify are entitled to take these days off work and be paid public holiday pay.
Alternatively, the worker can concur digitally or in writing to deal with the vacation and be paid:
– public holiday pay plus premium spend for all hours worked on the public vacation and not get another day off (called a “substitute” holiday);.
or.
– be paid their routine incomes for all hours worked on the general public holiday and receive another substitute vacation for which they must be paid public vacation pay.
Some workers might be required to work on a public holiday. (See “Special guidelines for specific markets” later on in this Chapter.) While many staff members are qualified for the public vacation privilege, some staff members work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To identify whether a job is covered, or if unique guidelines apply, please describe the Guide to employment requirements special guidelines and exemptions.
Use the Employment Standards Self-Service Tool to examine compliance with public holidays and other work standards entitlements.
See “Public vacation pay” later in this chapter.
Regular salaries does not consist of any overtime pay, getaway pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to an employee.
While some employers provide their staff members a vacation on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.
Performing both covered and exempt work
Some staff members perform more than one type of work for an employer. A few of this work might be covered by the public holiday part of the ESA, while another kind of work may be exempt from public vacation protection.
If an employee carries out both kinds of work, exempt and covered, they are qualified for the general public holiday entitlement with regard to a specific public vacation if at least half of the work carried out in the work week of the public vacation is work that is covered.
Rupert works for a taxi company as both a taxi cab motorist (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public holiday 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.
Qualifying for public holiday entitlements
Generally, workers receive the general public vacation privilege unless they:
– fail without affordable cause to work all of their last regularly arranged day of work before the general public holiday or all of their first frequently arranged day of work after the general public vacation (this is called the “Last and First Rule”);.
or.
– fail without sensible cause to work their entire shift on the public vacation if they accepted or were required to work that day.
Note: Most employees who stop working to receive the public vacation entitlement are still entitled to be paid exceptional pay for every hour they deal with the vacation.
Qualified workers can be full time, part-time, irreversible or on term contract. It does not matter how recently they were hired, or how many days they worked before the public vacation.
The “last and very first rule”
The “last routinely arranged day of work before the public holiday” and the “very first regularly arranged day of work after the public vacation” do not have to be the days right before and right after the holiday.
For example, a worker may not be set up to work the day right before or after the vacation. As long as the employee works all of their last regularly set up shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they meet this certifying criterion.
Reasonable cause
A worker is normally thought about to have “sensible cause” for missing out on work when something beyond their control prevents the worker from working. Employees are accountable for showing that they had reasonable cause for remaining away from work. If they can do so, they still certify for public vacation entitlements.
How the last and very first rule works
Rosie’s regular work week ranges from Monday to Thursday. A public holiday falls on a Monday, somalibidders.com and Rosie’s workplace shuts down for that day. If Rosie works the whole 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 certifies to be paid for the vacation.
Example: When a staff member takes a day off
A public vacation falls on a Monday, and Lev’s office shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for approval to remove the Thursday before the general public holiday due to the fact that he has a personal appointment. His employer agrees. Lev’s last regularly 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 whole Tuesday shift after the holiday, or has sensible cause for not working either of those days, he receives the paid public holiday.
Example: When a worker leaves early
A public holiday falls on a Friday, and Doris’s work environment is closed for the vacation. 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 frequently scheduled shift on the Thursday before the general public vacation is now thought about to be from 9 a.m. to 3 p.m.
. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, referall.us 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 vacation
Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently set up shift before his holiday and very first regularly set up shift after his vacation – on June 24 and July 10 – or has reasonable cause for failing to do so, he will get approved for the paid public vacation.
Example: When an employee is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day holiday occurs. 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 failing to do so, she will be entitled to the paid public holiday.
Example: When there is no affordable 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 reasonable cause for missing 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 routine wages earned by the worker in the 4 work weeks before the work week with the public vacation plus all of the trip pay payable to the worker with regard to the four work weeks before the work week with the public holiday, divided by 20.
When to include trip pay in the estimation of public vacation pay
The quantity of vacation pay payable to include in the computation of public holiday pay depends on whether the employee is on holiday at any time throughout the four work weeks prior to the general public vacation, and the way in which the worker is to be paid vacation pay. Please refer to the Vacation chapter for details on the different methods vacation pay can be paid.
Vacation pay payable
If the employee is to be paid their holiday pay before they take a holiday or on or before the pay day for the period in which the vacation falls, trip pay will be consisted of in the computation of public vacation pay if the staff member was on holiday during that four work week period. If the worker was not on getaway during that duration, no trip pay will be consisted of in the computation.
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 vacation pay will be at least four per cent of all of the worker’s incomes earned throughout the four work week period. (Note that if an employee makes a higher portion of holiday pay, such as 6 percent of incomes, then the “trip pay payable” will be based upon that greater percentage.)
If a worker is to get their holiday pay in a swelling sum on a particular 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 holiday
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 four work weeks utilized to calculate public holiday pay are those four weeks counting in reverse from the very first Wednesday (the last day of the employer’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, the routine earnings earned by the worker and the vacation pay payable to the staff member with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public vacation pay.
Calculating public vacation pay
Iryna works 5 days a week and earns $120 a day. She worked her last regularly scheduled work day before the general public vacation and her very first regularly set up day after the vacation. She receives her getaway pay when her getaway is taken. She was not on holiday during the 4 work weeks leading up to the public vacation.
1. Calculate Iryna’s overall regular incomes made:
$ 120 per day X 5 days = $600 each week
$ 600 per week X 4 work weeks = $2,400.
Iryna made $2,400 of regular salaries in the four work weeks before the public holiday.
2. Calculate the amount of vacation pay payable with respect to the 4 work week period:.
Iryna gets her vacation pay when she takes her vacation. Because she was not on trip throughout the four work week duration, the amount of trip pay payable with respect to the four work weeks before the public holiday = $0.
3. Combine her total wages made and holiday 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 vacation time is involved
Brock works five days a week and makes $160 a day. He was on trip for two of the 4 weeks before the general public vacation. He gets vacation pay before he takes his getaway. He is paid $1,600 getaway spend for his 2 weeks of trip. Brock worked his last frequently scheduled work day before the general public vacation and his first regularly arranged work day after the vacation.
1. Calculate Brock’s overall routine earnings earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.
2. Calculate the quantity of trip pay:.
Brock was on vacation for two of the 4 work weeks prior to the work week with the general public vacation, and is paid trip pay before he takes his getaway. The amount of holiday pay payable with regard to the four work weeks prior to the work week with the general public holiday = $1,600.
3. Total his overall earnings made and trip payable and divide the sum 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 getaway pay
Tegan works three days a week and makes $120 a day. She worked her last regularly scheduled work day before the general public vacation and her first frequently scheduled day after the holiday. She and her employer have concurred in writing that she will get 4 percent getaway pay on each paycheque.
1. Calculate Tegan’s routine earnings earned:.
$ 120 daily X 3 days = $360 per week.
$ 360 weekly X 4 weeks = $1,440.
2. Calculate her trip pay payable:.
$ 4.80 daily (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 per week X 4 weeks = $57.60.
3. Total her regular earnings earned and getaway 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 vacation pay.
Example: When there are no set hours and each pay cheque includes pay
Bertie does not work a set number of hours per day or days per week. Her pay varies from week to week, according to the time she has actually worked. She and her company have concurred in writing that she will get 4 per cent trip pay on each pay cheque.
1. Bertie’s routine earnings made during the four work weeks before the holiday are $1,500.
2. Calculate her getaway pay payable:.
$ 1,500 X 4% = $60.
3. Total her regular salaries earned 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 worker is on a leave
Zoe generally works five days a week, earning $120 a day. She gets trip pay before she goes on getaway. 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 holiday pay. She got maternity and adult benefits from the federal Employment Insurance program, but these benefits are not considered “incomes.”
Zoe is entitled to receive public vacation spend for the public holidays that fall throughout her leave as long as she works her last routinely arranged day before her leave and her first regularly 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 7 days throughout the 4 work weeks before the Canada Day public holiday. Her public vacation spend for Canada Day is:
– Regular wages made: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on getaway throughout the 4 work week period).
– Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public vacation spend for the rest of the public holidays that fall during her leave will be $0. This is because she will not have actually made any earnings or getaway pay on any of the days throughout the four work weeks before each of those holidays.
Example: When a staff member is on a layoff
Eugene normally works 5 days a week, earning $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid incomes or getaway pay. He got work insurance benefits during this time, however these benefits are not considered “wages.”
Eugene was recalled 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 frequently set up day before the layoff and his very first regularly set up day after the layoff, or has sensible cause for failing to do so.
However, because Eugene did not make any salaries or getaway pay in the four work weeks before those 2 public holidays, the amount of public vacation pay he is entitled to will be $0.
Premium pay
Premium pay is 1 1/2 times an employee’s regular rate of pay. If a worker is entitled to receive superior spend for work on a public vacation, they should be paid 1 1/2 times their routine rate of spend for each hour worked.
For instance, 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
A substitute vacation is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday pay for an alternative vacation.
A replacement vacation should be arranged for a day that is no later on than 3 months after the general public vacation for which it was earned, or, if the staff member has agreed digitally or in writing, the alternative day of rest can be scheduled up to 12 months after the general public holiday.
If an employee gets a substitute vacation, the company needs to offer the worker with a written declaration that sets out the general public vacation that is being replaced, the date of the alternative vacation, and the date that the statement was provided to the employee. This statement needs to be supplied to the worker before the public vacation.
Entitlements for public holidays
Entitlements for public vacations vary depending on such things as whether the vacation falls on a working day or a non-working day and whether the staff member deals with the vacation. The various privileges are set out below.
When a public vacation falls on a working day but the worker does not work
Most workers have the right to get the general public vacation off and get paid public vacation pay. (Some employees might be required to deal with a public vacation. See “Special guidelines for particular markets” later on in this chapter.)
When a public holiday falls on a staff member’s non-working day or throughout a staff member’s trip
When a public vacation falls on a day that is not generally a working day for a staff member, or during the staff member’s trip, the worker is entitled to either:
– an alternative vacation off with public vacation pay;.
or.
– public vacation pay for the general public holiday, if the staff member accepts this digitally or in writing (in this case, the employee will not be provided a substitute day of rest).
When an employee who receives the day of rest has agreed electronically or in composing to work on a public vacation
Most employees can get the public holiday off and get paid public vacation pay. However, if a worker agrees electronically or in writing to deal with the general public holiday, there are 2 choices:
– the staff member is entitled to get routine wages for all hours worked on the general public vacation, plus an alternative day off deal with public vacation pay;.
or.
– if the staff member concurs digitally or in composing, they are entitled to public holiday spend for the general public vacation plus premium pay for all hours worked on the general public holiday. In this case, the employee will not be offered an alternative day off.
Example: Calculating public vacation pay plus premium pay
A public holiday falls on one of John-Duncan’s normal working days. He and his employer have concurred electronically or in composing that he will deal with the general public vacation which, rather of getting an alternative holiday, he will be paid public holiday pay plus premium pay for all the hours he works on the holiday.
John-Duncan routinely works eight hours a day, 5 days a week. His routine hourly pay rate is $20. He has worked on all his scheduled work days in the four work weeks before the public holiday. He works eight hours on the public vacation. He gets his getaway pay when his trip is taken. He was not on getaway throughout the 4 work weeks leading up to the general public holiday
Step 1: compute public holiday pay:
1. Calculate John-Duncan’s total routine salaries made in the four work weeks before the general public vacation:
8 hours daily X $20 per hour = $160 daily
$ 160 each 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 quantity of trip pay payable with respect to the 4 work week period:.
John-Duncan gets his getaway pay when he takes his getaway. Because he was not on vacation throughout the 4 work week duration, the quantity of holiday pay payable with respect to the 4 work weeks before the public vacation = $0.
3. Combine his overall wages earned and vacation pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public vacation pay privilege is $160.
Step 2: calculate exceptional pay
Finally, the premium pay owing to John-Duncan for his work on the general public holiday is determined:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240
John-Duncan’s premium pay privilege is $240.
Result: John-Duncan is entitled to public vacation pay of $160 and premium pay of $240, for a total of $400.
When a worker concurs to work on a public holiday however stops working to do so
If a worker has actually concurred digitally or in composing to work on the public vacation but does not do so – and does not have affordable cause for not having done so – the employee has no right to public holiday pay or to an alternative day off with pay.
However, if the worker has sensible cause for not working the public vacation, then entitlements will depend on which of the two options listed below the staff member chose in exchange for accepting deal with the public holiday:
– if the worker had actually concurred digitally or in composing to work on the general public holiday for regular incomes plus an alternative day of rest with public vacation pay, the staff member is entitled to an alternative day off work with public holiday pay;.
or.
– if the worker had concurred digitally or in writing 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 pay for the vacation. The staff member is not entitled to receive any exceptional pay because they did not carry out any work on the holiday.
When a worker works only some of the hours they consented to deal with a public vacation
If a staff member has agreed electronically or in composing to deal with the general public holiday however works just a few of the hours they accepted work, and does not have sensible cause for failing to work all of the hours, the employee is just entitled to receive premium pay for each hour dealt with the holiday. The employee has no right to public vacation pay or a substitute day off work.
Example: A normal case
Trudi had actually concurred in composing that she would work 8 hours on Canada Day however she just worked four hours and did not have reasonable cause for stopping working to work the other 4 hours. Trudi is entitled just to premium pay for the 4 hours she worked on the holiday. She is not entitled to public holiday pay or to a substitute day of rest work.
However, if the employee has affordable cause for working just some of the hours they accepted deal with the public holiday, then:
– the worker is entitled to their routine rate for all the hours worked plus an alternative day off deal with public holiday pay;.
or.
– if the employee had actually concurred electronically or in writing to deal with 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 guidelines for specific industries
Special guidelines apply to staff members who work in the list below kinds of organizations:
– hotels, motels and tourist resorts;.
– dining establishments and pubs;.
– hospitals and retirement home;.
– constant operations (which are operations, or parts of operations, that do not stop or close more than when 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).
An employee who operates in any of these services can be needed to work on a public vacation without their agreement, however just if the vacation falls on a day that the staff member would generally work and the worker is not on holiday.
If a staff member 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 chooses which of these options will apply.
Note that the employer’s ability to need workers to deal with a public holiday undergoes the worker’s right to take a day of rest for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the staff member’s work contract. Note also that specific retail workers who operate in continuous operations (for instance, a 24-hour corner store) deserve to decline to work on a public vacation since of the unique guidelines that apply to some retail workers. See the “Retail workers” chapter of this guide for additional information.
An employee in the formerly listed companies who is required to deal with a public holiday that falls on their common working day however stops working to do so, with sensible cause, is entitled to:
– a substitute holiday with public vacation pay;.
or.
– public vacation spend for the vacation.
The employer picks which alternative will apply.
A worker in any of these organizations who is needed to work on a public vacation that falls on their regular working day however who stops working, with reasonable 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 worked on the vacation plus an alternative vacation with public vacation pay;.
or.
– public holiday pay for the holiday plus premium pay for each hour worked.
The employer chooses which option will use.
An employee in any of these businesses who is required to deal with a public vacation that falls on their normal working day but who stops working, without reasonable cause, to work part or all of the public holiday is just entitled to get superior pay for each hour worked on the holiday (if any). The employee has no right to public vacation pay or an alternative day off work.
Overtime computations when a staff member receives exceptional pay
Any hours worked on a public vacation that are compensated with superior pay are not consisted of when identifying whether a worker has actually worked any overtime hours.
If work ends
Sometimes an employee’s task concerns an end before the worker can take a replacement holiday with public vacation pay that they have made. In this case, the employer needs to pay the employee’s public vacation pay at the same time it pays the employee’s last wages. This is so regardless of the factor the task concerned an end, whether it is since the staff member quit, was fired for good reason, or for some other reason.