Qualified Employees can Be Full-time

Most staff members who qualify are entitled to take nowadays off work and be paid public holiday pay.

Alternatively, the worker can agree digitally or in composing to deal with the vacation and be paid:

- public holiday pay plus premium pay for all hours dealt with the public holiday and not get another day off (called a "substitute" holiday);.
or.

- be paid their regular earnings for all hours dealt with the public holiday and get another alternative vacation for which they should be paid public holiday pay.


Some staff members may be required to work on a public vacation. (See "Special rules for specific industries" later on in this Chapter.) While most employees 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 task is covered, or if unique rules apply, please describe the Guide to work standards special guidelines and exemptions.

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

See "Public vacation pay" later 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, discontinuance wage or termination of assignment pay payable to a staff member.

While some employers provide their staff members a vacation 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 employees carry out more than one sort of work for an employer. A few of this work may be covered by the public holiday part of the ESA, while another sort of work might be exempt from public vacation coverage.

If a worker performs both kinds of work, exempt and covered, they are qualified for employment the public holiday entitlement with regard to a specific public holiday if a minimum of 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 business as both a taxi cab driver (work that is exempt from public holiday protection) 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 eligible for the general public holiday privilege for Canada Day.

Receiving public holiday privileges

Generally, staff members certify for the general public vacation entitlement unless they:

- stop working without affordable cause to work all of their last routinely set up day of work before the general public vacation or all of their first frequently set up day of work after the public holiday (this is called the "Last and First Rule");.
or.

- fail without reasonable cause to work their entire shift on the general public vacation if they agreed to or were required to work that day.


Note: Most workers who stop working to receive the public vacation privilege are still entitled to be paid exceptional pay for every hour they work on the vacation.

Qualified employees can be full-time, part-time, irreversible or on term agreement. It does not matter how just recently they were worked with, or the number of days they worked before the public vacation.

The "last and very first guideline"

The "last frequently scheduled day of work before the general public holiday" and the "first routinely set up day of work after the general public holiday" do not have to be the days right previously and right after the holiday.

For example, an employee may not be arranged to work the day right before or after the holiday. As long as the employee works all of their last routinely set up shift before the vacation and all of the very first one after it, or has affordable cause for not working either of those days, they meet this qualifying criterion.

Reasonable cause

A worker is typically considered to have "sensible cause" for missing out on work when something beyond their control prevents the staff member from working. Employees are responsible for revealing that they had reasonable cause for remaining away from work. If they can do so, they still receive public vacation privileges.

How the last and very first guideline works

Rosie's routine work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie's workplace closes down for that day. If Rosie works the entire 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 spent for the holiday.

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev's work environment shuts down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for consent to remove the Thursday before the general public holiday because he has a personal visit. His employer agrees. Lev's last routinely arranged work day before the vacation is now considered to be on the Wednesday.

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

Example: When a staff member leaves early

A public holiday falls on a Friday, and Doris's work environment is closed for the holiday. Doris typically 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 employer concurs. Doris's frequently arranged shift on the Thursday before the general public holiday 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, or has affordable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a staff member is on vacation

Canada Day falls on July 1. George is on holiday from June 25 to July 9. If George works all of his last regularly scheduled shift before his vacation and first frequently arranged shift after his trip - on June 24 and July 10 - or has affordable cause for failing to do so, he will receive the paid public holiday.

Example: When a staff member is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last routinely set up day of work before her leave, employment and her very first regularly scheduled day of work after her leave, or has sensible 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 workplace is closed for the vacation. Ellen does not deal with her last scheduled day before the holiday, and she does not have reasonable cause for missing that day. She receives no pay for the vacation.

Public holiday pay

The quantity of public holiday pay to which a staff member is entitled is all of the routine salaries earned by the staff member in the 4 work weeks before the work week with the public holiday plus all of the trip pay payable to the employee with respect to the 4 work weeks before the work week with the public holiday, divided by 20.

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

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

Vacation pay payable

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

If the staff member is to be paid trip pay with every pay cheque the quantity of trip pay to consist of in the estimation of public vacation pay will be at least four per cent of all of the employee's earnings earned during the 4 work week period. (Note that if an employee makes a higher portion of getaway pay, such as six percent of incomes, then the "vacation pay payable" will be based on that higher percentage.)

If a staff member is to get their getaway pay in a lump amount on a specific date or dates, trip pay will be included in the estimation of public holiday pay only if that date or dates falls during the appropriate 4 work week duration.

Calculating the 4 work week duration before the work week with a public holiday

The four weeks before the general public vacation is based on the company's work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company's work week runs from Thursday to Wednesday. In this case, the 4 work weeks used to calculate public vacation pay are those 4 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 public vacation falls.

- Week 1: Thursday, November 22 - Wednesday, November 28

- Week 2: Thursday, November 29 - Wednesday, December 5

- Week 3: Thursday, December 6 - Wednesday, December 12

- Week 4: Thursday, December 13 - Wednesday, December 19


Public vacation: Tuesday, December 25

In this example, the regular wages earned by the worker and the getaway pay payable to the staff member with regard to the four work weeks from November 22 to December 19 are utilized in the estimation of public holiday pay.

Calculating public holiday pay

Iryna works 5 days a week and earns $120 a day. She worked her last routinely scheduled work day before the general public holiday and her first regularly scheduled day after the holiday. She gets her trip pay when her vacation is taken. She was not on trip throughout the four work weeks leading up to the public vacation.

1. Calculate Iryna's overall regular salaries made:
$ 120 daily X 5 days = $600 weekly
$ 600 weekly X 4 work weeks = $2,400.
Iryna made $2,400 of regular wages in the four work weeks before the general public holiday.

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

3. Combine her overall incomes made and trip 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 included

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

1. Calculate Brock's total regular incomes made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Add together his overall wages earned and holiday payable and employment 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 worker works part-time and each pay cheque includes vacation pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely arranged work day before the public vacation and her very first routinely arranged day after the holiday. She and her employer have actually concurred in composing that she will get four percent vacation pay on each paycheque.

1. Calculate Tegan's routine earnings made:.
$ 120 daily X 3 days = $360 each week.
$ 360 each week X 4 weeks = $1,440.

2. Calculate her trip 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. Total her regular 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 includes getaway pay

Bertie does not work a set variety of hours per day or days per week. Her pay differs from week to week, according to the time she has actually worked. She and her employer have concurred in composing that she will get four percent on each pay cheque.

1. Bertie's routine incomes made throughout the four work weeks before the holiday are $1,500.

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

3. Total her regular earnings made and holiday 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 5 days a week, earning $120 a day. She receives holiday pay before she goes on vacation. 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 salaries or holiday pay. She received maternity and adult take advantage of the federal Employment Insurance program, however these benefits are not considered "earnings."

Zoe is entitled to receive public vacation pay for the public holidays 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 affordable cause for employment 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 holiday. Her public holiday pay for Canada Day is:

- Regular earnings made: $120 a day X 7 days = $840.

- Vacation pay payable: $0 (she was not on trip during the four work week period).

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


Her public holiday pay for the rest of the public holidays that fall during her leave will be $0. This is since she will not have earned any salaries or holiday pay on any of the days throughout the 4 work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene typically works 5 days a week, earning $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or trip pay. He got work insurance coverage advantages during this time, but these benefits are ruled out "wages."

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

However, because Eugene did not make any salaries or trip pay in the four work weeks before those 2 public holidays, the amount of public holiday pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a staff member's regular rate of pay. If a worker is entitled to get premium pay for work on a public vacation, they should be paid 1 1/2 times their regular rate of spend for each hour worked.

For instance, 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 substitute vacation is another working day of rest work that is designated to replace a public holiday. Employees are entitled to be paid public vacation pay for an alternative holiday.

A substitute holiday must be set up for a day that is no behind 3 months after the public holiday for which it was made, or, if the worker has actually concurred electronically or in composing, the alternative day off can be scheduled as much as 12 months after the general public holiday.

If a worker gets a substitute vacation, the employer should offer the staff member with a composed declaration that sets out the public holiday that is being substituted, the date of the replacement holiday, and the date that the declaration was provided to the employee. This declaration must be provided to the employee before the public vacation.

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 staff member works on the vacation. The different entitlements are set out below.

When a public holiday falls on a working day however 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 may be required to deal with a public holiday. See "Special guidelines for certain markets" later in this chapter.)

When a public vacation falls on an employee's non-working day or during a staff member's vacation

When a public holiday falls on a day that is not normally a working day for a worker, or during the employee's vacation, the employee is entitled to either:

- a substitute vacation off with public vacation pay;.
or.

- public vacation spend for the public vacation, employment if the worker accepts this electronically or in writing (in this case, the employee will not be given an alternative day off).


When a worker who receives the day of rest has concurred digitally or in writing to work on a public vacation

Most staff members can get the public vacation off and make money public vacation pay. However, if a worker agrees electronically or in writing to deal with the general public holiday, there are two options:

- the employee is entitled to get regular incomes for all hours dealt with the public vacation, plus a substitute day of rest deal with public holiday pay;.
or.

- if the employee concurs digitally or in composing, they are entitled to public holiday pay for employment the public vacation plus premium pay for all hours worked on the general public holiday. In this case, the employee will not be provided an alternative day of rest.


Example: Calculating public vacation pay plus premium pay

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

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

Step 1: compute public holiday pay:

1. Calculate John-Duncan's overall regular incomes earned in the 4 work weeks before the public vacation:
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 4 work weeks before the public vacation.

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

3. Total his overall earnings earned and vacation 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: compute superior pay

Finally, the premium pay owing to John-Duncan for his work on the 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 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 staff member agrees to deal with a public vacation but fails to do so

If a worker has agreed electronically or in writing to deal with the public holiday but does refrain from doing so - and does not have reasonable cause for not having done so - the worker has no right to public holiday pay or to a substitute day of rest with pay.

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

- if the employee had agreed electronically or in composing to deal with the general public holiday for regular earnings plus a substitute day of rest with public holiday pay, the worker is entitled to a substitute day of rest deal with public vacation pay;.
or.

- if the employee had agreed digitally or in writing to deal with the public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation spend for the holiday. The employee is not entitled to get any exceptional pay since they did not carry out any deal with the vacation.


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

If an employee has actually agreed electronically or in composing to work on the public holiday however works only some of the hours they consented to work, and does not have sensible cause for stopping working to work all of the hours, the employee is just entitled to receive premium 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 common case

Trudi had actually concurred in writing that she would work 8 hours on Canada Day but 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 spend for the four hours she worked on the holiday. She is not entitled to public holiday pay or to an alternative day off work.

However, if the staff member has sensible cause for working only some of the hours they accepted work on the public vacation, then:

- the employee is entitled to their regular rate for all the hours worked plus a substitute day off deal with public holiday pay;.
or.

- if the worker had concurred electronically or in composing to deal with the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour worked on the holiday.


Special rules for specific markets

Special guidelines use to workers who operate in the following types of organizations:

- hotels, motels and tourist resorts;.

- dining establishments and pubs;.

- healthcare 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 around the clock).


An employee who operates in any of these organizations can be required to work on a public holiday without their contract, however only if the holiday falls on a day that the worker would typically work and the employee is not on holiday.

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

- their routine rate for the hours dealt with the general public holiday, plus a substitute day of rest deal with public holiday pay;.
or.

- public holiday pay plus premium spend for each hour worked.


The company selects which of these options will use.

Note that the company's capability to require staff members to work on a public holiday goes through the employee's right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the staff member's employment agreement. Note also that certain retail workers who work in continuous operations (for instance, a 24-hour benefit store) deserve to decline to work on a public vacation since of the unique guidelines that apply to some retail workers. See the "Retail employees" chapter of this guide for additional information.

A staff member in the previously listed organizations who is required to work on a public holiday that falls on their ordinary working day however stops working to do so, with affordable cause, is entitled to:

- an alternative holiday with public holiday pay;.
or.

- public vacation pay for the vacation.


The employer selects which option will use.

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

- their regular rate for each hour dealt with the vacation plus a replacement holiday with public vacation pay;.
or.

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


The employer picks which alternative will apply.

A worker in any of these companies who is needed to deal with a public holiday that falls on their common working day however who stops working, without affordable cause, to work part or all of the general public holiday is only entitled to get superior pay for each hour worked on the holiday (if any). The staff member has no right to public holiday pay or a substitute day of rest work.

Overtime estimations when an employee gets premium pay

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

If employment ends

Sometimes a staff member's job comes to an end before the employee can take a replacement vacation with public vacation pay that they have made. In this case, the employer needs to pay the staff member's public vacation pay at the same time it pays the employee's final salaries. This is so despite the reason the job concerned an end, whether it is since the staff member gave up, was fired for great factor, or for some other reason.