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Company Description
Qualified Employees can Be Full Time
Most staff members who certify are entitled to take these days off work and be paid public holiday pay.
Alternatively, job the worker can concur electronically or in composing to deal with the vacation and be paid:
– public vacation pay plus premium spend for all hours worked on the general public holiday and not receive another day of rest (called a “substitute” vacation);.
or.
– be paid their routine salaries for all hours worked on the general public holiday and get another alternative vacation for which they need to be paid public holiday pay.
Some employees may be needed to work on a public vacation. (See “Special rules for specific markets” later in this Chapter.) While many employees are qualified for the public holiday entitlement, some workers operate in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if special rules apply, please refer to the Guide to employment standards unique rules and exemptions.
Use the Employment Standards Self-Service Tool to check compliance with public holidays and other employment standards entitlements.
See “Public vacation pay” later in this chapter.
Regular salaries does not include any overtime pay, vacation pay, public holiday 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 give their staff members a holiday on Easter Sunday, job Easter Monday, the 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 a company. A few of this work may be covered by the public vacation part of the ESA, while another type of work might be exempt from public vacation protection.
If a staff member carries out both sort of work, exempt and covered, they are qualified for the public holiday privilege with regard to a specific public holiday 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 business as both a taxi cab driver (work that is exempt from public vacation coverage) 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 vacation part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.
Qualifying for public vacation entitlements
Generally, workers get approved for the general public vacation privilege unless they:
– stop working without reasonable cause to work all of their last regularly scheduled day of work before the general public vacation or all of their very first frequently scheduled 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 public holiday if they consented to or were required to work that day.
Note: Most staff members who stop working to certify for the general public holiday entitlement are still entitled to be paid premium spend for every hour they work on the vacation.
Qualified staff members can be full time, part-time, long-term or on term agreement. It does not matter how just recently they were hired, or how lots of days they worked before the public vacation.
The “last and first rule”
The “last frequently scheduled day of work before the public holiday” and the “first routinely set up day of work after the public holiday” do not need to be the days right previously and right after the holiday.
For example, a staff member may not be arranged to work the day right before or after the vacation. As long as the staff member works all of their last frequently set up shift before the vacation and all of the very first one after it, or has reasonable cause for not working either of those days, they satisfy this certifying requirement.
Reasonable cause
A worker is normally thought about to have “reasonable cause” for missing out on work when something beyond their control avoids the employee from working. Employees are accountable for revealing that they had sensible cause for keeping away from work. If they can do so, they still receive public holiday entitlements.
How the last and first rule works
Rosie’s regular work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s office shuts down for that day. If Rosie works the whole shift on the Thursday before the holiday and the Tuesday after the holiday, or has reasonable 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 off
A public holiday falls on a Monday, and Lev’s work environment closes down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for authorization to take off the Thursday before the public vacation since he has an individual consultation. His company agrees. Lev’s last regularly 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 vacation, or has affordable cause for not working either of those days, he certifies for 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 holiday. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public vacation. The employer concurs. Doris’s regularly 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 reasonable cause for failing to do so, she is entitled to the paid public holiday.
Example: When a worker 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 holiday and very first frequently set up shift after his vacation – on June 24 and July 10 – or has reasonable cause for stopping working to do so, he will qualify for the paid public vacation.
Example: When a worker is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last routinely scheduled day of work before her leave, and her first frequently arranged 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 sensible cause
A public holiday falls on a Monday, and Ellen’s workplace is closed for the vacation. Ellen does not work on her last scheduled day before the vacation, and she does not have affordable cause for missing out on that day. She gets no pay for the vacation.
Public vacation pay
The amount of public vacation pay to which a worker is entitled is all of the routine salaries earned by the employee in the four work weeks before the work week with the public vacation plus all of the getaway pay payable to the staff member with regard to the four work weeks before the work week with the public vacation, divided by 20.
When to include vacation pay in the computation of public holiday pay
The quantity of vacation pay payable to include in the estimation of public holiday pay depends upon whether the employee is on vacation at any time throughout the four work weeks prior to the general public vacation, and the manner in which the worker is to be paid getaway pay. Please refer to the Vacation chapter for info on the different methods holiday pay can be paid.
Vacation pay payable
If the worker is to be paid their getaway pay before they take a holiday or on or before the pay day for the period in which the getaway falls, getaway pay will be included in the calculation of public vacation pay if the staff member was on holiday throughout that 4 work week period. If the staff member was not on vacation throughout that period, no holiday pay will be consisted of in the estimation.
If the worker is to be paid trip pay with every pay cheque the quantity of vacation pay to consist of in the calculation of public holiday pay will be at least 4 percent of all of the employee’s salaries made throughout the 4 work week period. (Note that if a worker earns a higher percentage of vacation pay, such as six percent of salaries, then the “trip pay payable” will be based on that higher portion.)
If an employee is to receive their getaway pay in a swelling sum on a certain date or job dates, trip pay will be included in the computation of public vacation pay just if that date or dates falls during the relevant 4 work week duration.
Calculating the four work week duration before the work week with a public holiday
The 4 weeks before the public vacation is based upon the employer’s work week and is not necessarily a calendar week.
Example:
Christmas Day falls on a Tuesday. Suppose that a company’s work week ranges from Thursday to Wednesday. In this case, the four work weeks used to compute public vacation pay are those 4 weeks counting backwards from the very first Wednesday (the last day of the company’s work week) before the work week in which the 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, job December 12
– Week 4: Thursday, December 13 – Wednesday, December 19
Public holiday: Tuesday, December 25
In this example, the routine salaries made by the employee and the holiday pay payable to the worker with respect to the four work weeks from November 22 to December 19 are used in the computation of public vacation pay.
Calculating public vacation pay
Iryna works five days a week and earns $120 a day. She worked her last routinely set up work day before the general public vacation and her very first routinely set up day after the holiday. She gets her getaway pay when her vacation is taken. She was not on trip throughout the 4 work weeks leading up to the general public vacation.
1. Calculate Iryna’s total routine earnings made:
$ 120 each day X 5 days = $600 each week
$ 600 weekly X 4 work weeks = $2,400.
Iryna made $2,400 of regular incomes in the 4 work weeks before the public holiday.
2. Calculate the quantity of holiday pay payable with regard to the 4 work week duration:.
Iryna gets her getaway pay when she takes her holiday. Because she was not on trip throughout the 4 work week duration, the amount of vacation pay payable with respect to the 4 work weeks before the general public holiday = $0.
3. Combine her total incomes 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 holiday pay.
Example: When holiday time is included
Brock works five days a week and earns $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 vacation spend for his 2 weeks of trip. Brock worked his last frequently set up work day before the general public vacation and his very first frequently arranged work day after the holiday.
1. Calculate Brock’s overall routine incomes made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the amount of trip pay:.
Brock was on getaway for two of the four work weeks prior to the work week with the general public holiday, and is paid getaway pay before he takes his vacation. The quantity of holiday pay payable with regard to the four work weeks prior job to the work week with the public holiday = $1,600.
3. Add together his overall earnings earned and vacation 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 trip pay
Tegan works three days a week and makes $120 a day. She worked her last frequently arranged work day before the public holiday and her very first regularly arranged day after the vacation. She and her company have actually concurred in composing that she will receive 4 percent holiday pay on each paycheque.
1. Calculate Tegan’s regular salaries earned:.
$ 120 each day X 3 days = $360 per week.
$ 360 per week X 4 weeks = $1,440.
2. Calculate her vacation pay payable:.
$ 4.80 each day (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 each week X 4 weeks = $57.60.
3. Combine her routine earnings made 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 holiday pay.
Example: When there are no set hours and each pay cheque includes vacation pay
Bertie does not work a set number of hours per day or days each week. Her pay varies 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 percent holiday pay on each pay cheque.
1. Bertie’s routine earnings earned throughout the four work weeks before the vacation are $1,500.
2. Calculate her trip pay payable:.
$ 1,500 X 4% = $60.
3. Total her routine incomes made and vacation 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 an employee is on a leave
Zoe usually works 5 days a week, earning $120 a day. She receives holiday pay before she goes on holiday. 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 vacation pay. She got maternity and parental advantages from the federal Employment Insurance program, however these advantages are ruled out “salaries.”
Zoe is entitled to get public vacation pay for the general public holidays that fall during her leave as long as she works her last regularly set up day before her leave and her very first frequently scheduled day after her leave, or has sensible cause for failing to do so.
Zoe went on leave on June 10 and just worked seven days during the four work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is:
– Regular salaries made: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on vacation throughout the 4 work week period).
– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public holiday pay for the remainder of the public holidays that fall during her leave will be $0. This is since she will not have actually made any incomes or getaway 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 usually works five days a week, earning $100 a day. He was positioned on short-term layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He received work insurance coverage advantages throughout this time, however these advantages are not thought about “salaries.”
Eugene was recalled to work on December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last frequently arranged day before the layoff and his very first routinely set up day after the layoff, or has reasonable cause for failing to do so.
However, because Eugene did not make any salaries or holiday pay in the 4 work weeks before those two public holidays, the quantity of public holiday pay he is entitled to will be $0.
Premium pay
Premium pay is 1 1/2 times an employee’s routine rate of pay. If an employee is entitled to get premium spend for work on a public holiday, they should be paid 1 1/2 times their routine rate of pay for each hour worked.
For example, Nathan’s routine rate of pay is $20 an hour. This indicates that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).
Substitute holiday
An alternative holiday is another working day of rest work that is designated to replace a public holiday. Employees are entitled to be paid public vacation spend for a substitute holiday.
A substitute vacation need to be set up for a day that is no behind 3 months after the public holiday for which it was earned, or, if the staff member has agreed digitally or in writing, the substitute day off can be arranged as much as 12 months after the public vacation.
If a worker receives a replacement vacation, the employer should provide the staff member with a composed statement that sets out the general public vacation that is being replaced, the date of the alternative holiday, and the date that the statement was provided to the employee. This statement must be supplied to the worker before the public vacation.
Entitlements for public vacations
Entitlements for public vacations vary depending upon such things as whether the holiday falls on a working day or a non-working day and whether the employee works on the holiday. The different entitlements are set out below.
When a public holiday falls on a working day but the worker does not work
Most staff members can get the public holiday off and get paid public vacation pay. (Some employees might be needed to work on a public vacation. See “Special guidelines for particular markets” later on in this chapter.)
When a public vacation falls on a staff member’s non-working day or throughout an employee’s vacation
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:
– a substitute holiday off with public vacation pay;.
or.
– public vacation pay for the public vacation, if the staff member consents to this digitally or in writing (in this case, the staff member will not be provided an alternative day off).
When a worker who gets approved for the day off has actually concurred digitally or in writing to work on a public vacation
Most employees have the right to get the general public vacation off and make money public holiday pay. However, if a staff member concurs electronically or in composing to deal with the public holiday, there are 2 choices:
– the staff member is entitled to get regular incomes for all hours dealt with the general public vacation, plus an alternative day off work with public holiday pay;.
or.
– if the worker concurs electronically or in writing, they are entitled to public holiday pay for the public vacation plus premium pay for all hours dealt with the public vacation. 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 holiday falls on among John-Duncan’s normal working days. He and his company have actually agreed electronically 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 spend for all the hours he deals with the holiday.
John-Duncan regularly works 8 hours a day, five days a week. His routine per hour pay rate is $20. He has worked on all his scheduled work days in the 4 work weeks before the general public vacation. He works eight hours on the general public holiday. He receives his holiday pay when his holiday is taken. He was not on holiday during the four work weeks leading up to the general public holiday
Step 1: compute public vacation pay:
1. Calculate John-Duncan’s total routine earnings made in the four work weeks before the public vacation:
8 hours each day X $20 per hour = $160 each day
$ 160 per day X 5 days = $800 weekly
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the four work weeks before the public vacation.
2. Calculate the amount of holiday pay payable with respect to the four work week duration:.
John-Duncan gets his trip pay when he takes his holiday. Because he was not on trip throughout the 4 work week duration, the quantity of vacation pay payable with respect to the 4 work weeks before the public holiday = $0.
3. Add together his overall salaries earned and getaway pay and divide the amount 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 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 superior pay of $240, for a total of $400.
When an employee accepts deal with a public holiday but fails to do so
If a staff member has concurred electronically or in writing to work on the public holiday however does not do so – and does not have sensible cause for not having done so – the employee has no right to public holiday pay or to a substitute day off with pay.
However, if the employee has reasonable cause for not working the public vacation, then privileges will depend on which of the two options below the worker chose in exchange for accepting deal with the general public holiday:
– if the worker had actually agreed electronically or in writing to work on the general public vacation for routine earnings plus an alternative day off with public vacation pay, the worker is entitled to a substitute day off deal with public vacation pay;.
or.
– if the worker had concurred electronically or in composing to deal with the general public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the . The worker is not entitled to receive any exceptional pay due to the fact that they did not perform any deal with the holiday.
When a worker works just some of the hours they accepted deal with a public holiday
If an employee has agreed digitally or in writing to deal with the public vacation but works just some of the hours they concurred to work, and does not have affordable cause for job stopping working to work all of the hours, the employee is just entitled to get superior spend for each hour worked on the holiday. The staff member has no right to public holiday pay or a substitute day off work.
Example: A typical case
Trudi had concurred in writing that she would work eight hours on Canada Day but she just worked four hours and did not have affordable cause for failing 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 vacation pay or to an alternative day of rest work.
However, if the worker has affordable cause for working only a few of the hours they accepted deal with the general public vacation, then:
– the staff member is entitled to their regular rate for all the hours worked plus a substitute day of rest work with public holiday pay;.
or.
– if the employee had concurred electronically or in writing to deal with the public vacation 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 certain markets
Special guidelines apply to staff members who work in the list below types of companies:
– hotels, motels and traveler resorts;.
– restaurants and taverns;.
– hospitals 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 games part of a gambling establishment if the video games tables are open around the clock).
A worker who works in any of these services can be needed to work on a public holiday without their contract, but only if the vacation falls on a day that the worker would usually work and the employee is not on trip.
If a staff member is required to work, they are entitled to either:
– their regular rate for the hours dealt with the general public vacation, plus a substitute day off deal with public holiday pay;.
or.
– public vacation pay plus premium pay for each hour worked.
The employer picks which of these choices will apply.
Note that the company’s capability to need staff members to deal with a public vacation undergoes the employee’s right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the terms of the staff member’s employment agreement. Note also that certain retail workers who operate in constant operations (for instance, a 24-hour corner store) deserve to refuse to work on a public holiday because of the special guidelines that use to some retail workers. See the “Retail employees” chapter of this guide for additional information.
A worker in the previously noted services who is needed to deal with a public holiday that falls on their normal working day but fails to do so, with sensible cause, is entitled to:
– a substitute holiday with public holiday pay;.
or.
– public holiday pay for the holiday.
The company selects which option will apply.
An employee in any of these businesses who is required to work on a public vacation that falls on their regular working day but who fails, with affordable cause, to work some of the hours they were required to work on the vacation is entitled to either:
– their regular rate for each hour worked on the holiday plus an alternative holiday with public holiday pay;.
or.
– public holiday spend for the holiday plus premium spend for each hour worked.
The employer selects which alternative will use.
A worker in any of these companies who is needed to work on a public vacation that falls on their ordinary working day however who stops working, without sensible cause, to work part or all of the general public vacation is just entitled to receive superior pay for each hour worked on the vacation (if any). The worker has no right to public holiday pay or an alternative day of rest work.
Overtime estimations when a worker gets superior pay
Any hours dealt with a public holiday that are compensated with premium pay are not included when determining whether a worker has worked any overtime hours.
If employment ends
Sometimes an employee’s job pertains to an end before the worker can take a substitute holiday with public vacation pay that they have earned. In this case, the employer must pay the worker’s public vacation pay at the exact same time it pays the staff member’s last salaries. This is so despite the factor the job pertained to an end, whether it is since the staff member quit, was fired for good reason, or for some other factor.