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Company Description
Qualified Employees can Be Full Time
Most staff members who certify are entitled to take nowadays off work and be paid public holiday pay.
Alternatively, the worker can agree electronically or in composing to deal with the holiday and be paid:
– public holiday pay plus premium pay for employment all hours dealt with the public holiday and not get another day of rest (called a “alternative” holiday);.
or.
– be paid their routine wages for all hours worked on the general public vacation and get another alternative holiday for which they need to be paid public vacation pay.
Some staff members might be needed to work on a public vacation. (See “Special guidelines for specific industries” later in this Chapter.) While a lot of workers are qualified for the public holiday privilege, some workers work in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To identify whether a job is covered, or if unique rules use, please refer to the Guide to employment standards unique rules and exemptions.
Use the Employment Standards Self-Service Tool to check compliance with public vacations and other work requirements entitlements.
See “Public holiday pay” later on in this chapter.
Regular earnings does not consist of any overtime pay, getaway pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, employment severance pay or termination of task pay payable to a worker.
While some companies offer their workers a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not required to do so under the ESA.
Performing both covered and exempt work
Some workers perform more than one type of work for an employer. Some of this work might be covered by the public vacation part of the ESA, while another sort of work might be exempt from public holiday coverage.
If a worker performs both type of work, exempt and covered, they are qualified for the general public vacation entitlement with regard to a specific 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 taxi driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday 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.
Qualifying for public vacation privileges
Generally, employees receive the public vacation privilege unless they:
– stop working without affordable cause to work all of their last regularly scheduled day of work before the public holiday or all of their very first frequently arranged day of work after the public vacation (this is called the “Last and First Rule”);.
or.
– fail without sensible cause to work their whole shift on the public vacation if they accepted or were required to work that day.
Note: Most employees who stop working to get approved for the general public holiday entitlement are still entitled to be paid exceptional spend for every hour they work on the holiday.
Qualified staff members can be full-time, part-time, long-term or on term contract. It does not matter how just recently they were employed, or how many days they worked before the general public holiday.
The “last and very first rule”
The “last frequently arranged day of work before the general public vacation” and the “first routinely arranged day of work after the public vacation” do not need to be the days right in the past and right after the vacation.
For instance, a staff member may not be set up to work the day right before or after the vacation. As long as the staff member works all of their last regularly scheduled 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 fulfill this certifying requirement.
Reasonable cause
An employee is generally considered to have “reasonable cause” for missing work when something beyond their control avoids the worker from working. Employees are accountable for revealing that they had sensible cause for keeping 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 regular work week runs from Monday to Thursday. A public vacation 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 holiday, or has affordable cause for stopping working to work either of those days, she certifies to be spent for the holiday.
Example: When a staff member takes a day of rest
A public vacation falls on a Monday, and Lev’s office closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for permission to remove the Thursday before the general public vacation due to the fact that he has an individual consultation. His employer concurs. Lev’s last routinely set up work day before the holiday is now considered to be on the Wednesday.
If Lev works his whole 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 office is closed for the vacation. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the public vacation. The company concurs. Doris’s frequently scheduled 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 reasonable 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 holiday and first frequently scheduled shift after his holiday – on June 24 and July 10 – or has affordable cause for failing to do so, he will receive the paid public vacation.
Example: When a staff member is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last frequently arranged day of work before her leave, and her first frequently set up 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 reasonable 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 sensible cause for missing out on that day. She receives no pay for the vacation.
Public holiday pay
The quantity of public vacation pay to which a staff member is entitled is all of the routine salaries earned by the worker in the 4 work weeks before the work week with the general public vacation plus all of the vacation pay payable to the staff member with respect to the four work weeks before the work week with the public holiday, divided by 20.
When to include vacation pay in the computation of pay
The amount of getaway pay payable to consist of in the computation of public holiday pay depends upon whether the employee is on trip at any time throughout the four work weeks prior to the general public holiday, and the way in which the employee is to be paid vacation pay. Please refer to the Vacation chapter for info on the various ways trip pay can be paid.
Vacation pay payable
If the employee is to be paid their holiday pay before they take a vacation or on or before the pay day for the period in which the vacation falls, holiday pay will be consisted of in the calculation of public vacation pay if the staff member was on vacation throughout that four work week period. If the staff member was not on getaway during that period, no holiday pay will be consisted of in the computation.
If the worker is to be paid trip pay with every pay cheque the amount of getaway pay to include in the calculation of public vacation pay will be at least four percent of all of the worker’s wages earned throughout the 4 work week duration. (Note that if a staff member makes a greater percentage of trip pay, such as 6 per cent of earnings, then the “getaway pay payable” will be based upon that higher portion.)
If an employee is to receive their trip pay in a lump sum on a certain date or dates, getaway pay will be included in the computation of public vacation pay only if that date or dates falls throughout the pertinent four work week duration.
Calculating the four work week duration before the work week with a public vacation
The four weeks before the general public holiday is based upon the company’s work week and is not necessarily a calendar week.
Example:
Christmas Day falls on a Tuesday. Suppose that an employer’s work week ranges from Thursday to Wednesday. In this case, the four work weeks utilized to compute public holiday pay are those four weeks counting backwards from the very first Wednesday (the last day of the employer’s work week) before the work week in which the 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 holiday: Tuesday, December 25
In this example, the regular wages earned by the staff member and the holiday pay payable to the staff member with regard to the 4 work weeks from November 22 to December 19 are used in the calculation of public vacation pay.
Calculating public holiday pay
Iryna works five days a week and makes $120 a day. She worked her last regularly set up work day before the public vacation and her first frequently scheduled day after the vacation. She receives her vacation pay when her holiday is taken. She was not on trip throughout the four work weeks leading up to the general public holiday.
1. Calculate Iryna’s total routine incomes made:
$ 120 per day X 5 days = $600 each week
$ 600 each week X 4 work weeks = $2,400.
Iryna earned $2,400 of routine salaries in the four work weeks before the public holiday.
2. Calculate the amount of trip pay payable with regard to the 4 work week duration:.
Iryna receives her getaway pay when she takes her vacation. Because she was not on trip during the 4 work week duration, the amount of holiday pay payable with regard to the four work weeks before the general public vacation = $0.
3. Combine her overall wages made and getaway pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.
Result: Iryna is entitled to $120 public holiday pay.
Example: When trip time is included
Brock works 5 days a week and earns $160 a day. He was on trip for two of the four weeks before the public holiday. He receives vacation pay before he takes his holiday. He is paid $1,600 vacation pay for his two weeks of vacation. Brock worked his last regularly set up work day before the public vacation and his first regularly set up work day after the vacation.
1. Calculate Brock’s overall routine salaries earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the quantity of trip pay:.
Brock was on holiday for two of the four work weeks prior to the work week with the public vacation, and is paid vacation pay before he takes his trip. The amount of holiday pay payable with respect to the 4 work weeks prior to the work week with the general public holiday = $1,600.
3. Combine his overall wages made and getaway payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.
Result: Brock is entitled to $160 public holiday pay.
Example: When an employee works part-time and each pay cheque consists of trip pay
Tegan works 3 days a week and makes $120 a day. She worked her last regularly scheduled work day before the general public holiday and her first regularly scheduled day after the vacation. She and her company have concurred in writing that she will receive four percent trip pay on each paycheque.
1. Calculate Tegan’s routine salaries made:.
$ 120 per day X 3 days = $360 each week.
$ 360 weekly X 4 weeks = $1,440.
2. Calculate her holiday pay payable:.
$ 4.80 each day (4% of $120) X 3 days = $14.40 each week.
$ 14.40 each week X 4 weeks = $57.60.
3. Combine her routine incomes earned and trip 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 consists of holiday pay
Bertie does not work a set variety of hours each day or days weekly. Her pay differs from week to week, according to the time she has worked. She and her employer have actually concurred in composing that she will receive 4 per cent getaway pay on each pay cheque.
1. Bertie’s regular incomes earned throughout the 4 work weeks before the holiday are $1,500.
2. Calculate her getaway pay payable:.
$ 1,500 X 4% = $60.
3. Combine her routine incomes 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 vacation pay.
Example: When a worker is on a leave
Zoe usually works five days a week, making $120 a day. She gets vacation pay before she goes on trip. 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 salaries or getaway pay. She received maternity and parental gain from the federal Employment Insurance program, but these benefits are not considered “incomes.”
Zoe is entitled to get public holiday spend for the general public vacations that fall during her leave as long as she works her last frequently scheduled day before her leave and her very 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 just worked seven days throughout the 4 work weeks before the Canada Day public vacation. Her public holiday pay for employment Canada Day is:
– Regular incomes earned: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on vacation throughout the 4 work week period).
– Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.
Her public vacation pay for the rest of the public vacations that fall throughout her leave will be $0. This is due to the fact that she will not have actually earned any salaries or getaway pay on any of the days throughout the four work weeks before each of those holidays.
Example: When an employee is on a layoff
Eugene normally works five days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid earnings or getaway pay. He got work insurance advantages throughout this time, but these benefits are ruled out “wages.”
Eugene was recalled to deal with December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last frequently set up day before the layoff and his first routinely 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 incomes or trip pay in the 4 work weeks before those two 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 premium pay for work on a public vacation, they must be paid 1 1/2 times their routine rate of spend for each hour worked.
For instance, Nathan’s regular 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 vacation is another working day off work that is designated to change a public holiday. Employees are entitled to be paid public holiday spend for a replacement vacation.
An alternative vacation should be arranged for a day that is no behind three months after the public vacation for which it was earned, or, if the employee has concurred electronically or in composing, the substitute day of rest can be arranged up to 12 months after the general public vacation.
If a worker gets a replacement holiday, the company needs to supply the staff member with a composed statement that sets out the general public holiday that is being substituted, the date of the replacement holiday, and the date that the statement was offered to the employee. This declaration must be supplied to the employee before the general public holiday.
Entitlements for public holidays
Entitlements for public holidays vary depending upon such things as whether the holiday falls on a working day or a non-working day and whether the employee deals with the holiday. The different privileges are set out listed below.
When a public holiday falls on a working day but the worker does not work
Most staff members have the right to get the public vacation off and get paid public vacation pay. (Some workers might be required to deal with a public vacation. See “Special rules for particular markets” later on in this chapter.)
When a public holiday 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 normally a working day for a worker, or during the staff member’s trip, the staff member is entitled to either:
– a substitute vacation off with public vacation pay;.
or.
– public holiday spend for the general public vacation, if the worker consents to this electronically or in writing (in this case, the worker will not be offered an alternative day of rest).
When a worker who receives the day of rest has concurred electronically or in composing to deal with a public holiday
Most staff members have the right to get the general public vacation off and earn money public holiday pay. However, if a worker agrees electronically or in composing to work on the public vacation, there are two choices:
– the staff member is entitled to receive routine incomes for all hours worked on the public vacation, plus a substitute day off deal with public vacation pay;.
or.
– if the staff member concurs electronically or in composing, they are entitled to public holiday spend for the public holiday plus premium spend for all hours worked on the public holiday. In this case, the staff member will not be provided a substitute day of rest.
Example: Calculating public holiday pay plus premium pay
A public vacation falls on among John-Duncan’s typical working days. He and his employer have actually agreed electronically or in composing that he will deal with the public holiday and that, instead of getting a replacement vacation, he will be paid public holiday pay plus premium pay for all the hours he deals with the vacation.
John-Duncan frequently works 8 hours a day, five days a week. His regular per hour pay rate is $20. He has dealt with all his scheduled work days in the four work weeks before the public vacation. He works eight hours on the public holiday. He gets his vacation pay when his vacation is taken. He was not on holiday throughout the 4 work weeks leading up to the general public vacation
Step 1: determine public vacation pay:
1. Calculate John-Duncan’s overall routine incomes earned in the 4 work weeks before the general public holiday:
8 hours daily X $20 per hour = $160 per day
$ 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 public vacation.
2. Calculate the quantity of getaway pay payable with respect to the four work week duration:.
John-Duncan receives his trip pay when he takes his trip. Because he was not on vacation during the 4 work week duration, the quantity of trip pay payable with respect to the four work weeks before the public holiday = $0.
3. Combine his overall wages earned and holiday pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public vacation pay entitlement is $160.
Step 2: calculate premium pay
Finally, the premium pay owing to John-Duncan for his deal with the general public vacation 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 holiday pay of $160 and exceptional pay of $240, for an overall of $400.
When an employee concurs to deal with a public holiday however fails to do so
If a worker has agreed digitally or in writing to work on the general public vacation however does refrain from doing so – and does not have reasonable cause for not having done so – the employee has no right to public vacation pay or to an alternative day of rest with pay.
However, if the worker has reasonable cause for not working the general public vacation, then privileges will depend on which of the 2 alternatives listed below the staff member chose in exchange for agreeing to deal with the public vacation:
– if the worker had concurred electronically or in writing to work on the public vacation for regular incomes plus an alternative day off with public holiday pay, the staff member is entitled to an alternative day of rest deal with public holiday pay;.
or.
– if the employee had actually agreed digitally or in writing to deal with the general public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay for the vacation. The worker is not entitled to get any premium pay because they did not perform any deal with the holiday.
When an employee works only some of the hours they consented to work on a public vacation
If a worker has actually agreed electronically or in writing to deal with the general public vacation but works only some of the hours they agreed to work, and does not have reasonable cause for stopping working to work all of the hours, the employee is only entitled to receive superior spend for each hour dealt with the holiday. The employee has no right to public vacation pay or an alternative day of rest 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 reasonable cause for stopping working 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 a substitute day off work.
However, if the employee has affordable cause for working just some of the hours they accepted deal with the public holiday, then:
– the employee is entitled to their regular rate for all the hours worked plus an alternative day off work with public vacation pay;.
or.
– if the worker had concurred digitally or in composing to deal with the public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour dealt with the vacation.
Special rules for particular markets
Special rules apply to staff members who work in the following kinds of services:
– hotels, motels and traveler resorts;.
– restaurants and taverns;.
– medical facilities and assisted living home;.
– constant operations (which are operations, or parts of operations, that do not stop or close more than as soon as a week – such as an oil refinery, alarm-monitoring company or the video games part of a gambling establishment if the games tables are open all the time).
A worker who works in any of these services can be required to work on a public holiday without their agreement, but just if the vacation falls on a day that the worker would typically work and the staff member 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 general public vacation, plus a substitute day of rest work with public vacation pay;.
or.
– public vacation pay plus premium pay for each hour worked.
The company picks which of these options will apply.
Note that the employer’s ability to need workers to work on a public vacation undergoes the worker’s right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the worker’s employment agreement. Note likewise that specific retail workers who work in constant operations (for example, a 24-hour corner store) have the right to decline to work on a public holiday since of the special rules that apply to some retail employees. See the “Retail workers” chapter of this guide for more details.
A worker in the previously listed services who is needed to work on a public vacation that falls on their regular working day but stops working to do so, with reasonable cause, is entitled to:
– a substitute holiday with public vacation pay;.
or.
– public vacation pay for the vacation.
The company chooses which option will use.
A worker in any of these businesses who is needed to work on a public vacation that falls on their regular working day however who fails, with sensible cause, to work a few of the hours they were needed to deal with the vacation is entitled to either:
– their routine rate for each hour worked on the holiday plus a substitute holiday with public holiday pay;.
or.
– public holiday pay for the vacation plus premium pay for each hour worked.
The company picks which choice will apply.
A staff member in any of these organizations who is needed to deal with a public holiday that falls on their ordinary working day however who stops working, without reasonable 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 worker has no right to public vacation pay or an alternative day of rest work.
Overtime estimations when a staff member gets exceptional pay
Any hours dealt with a public holiday that are compensated with premium pay are not consisted of when determining whether an employee has actually worked any overtime hours.
If employment ends
Sometimes a worker’s job pertains to an end before the staff member can take a substitute holiday with public vacation pay that they have made. In this case, the employer must pay the employee’s public vacation pay at the very same time it pays the worker’s final wages. This is so despite the reason the job came to an end, whether it is because the employee stopped, was fired for good reason, or employment for some other reason.