About Us

Qualified Employees can Be Full-time

Most staff members who certify are entitled to take these days off work and be paid public vacation pay.

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

– public vacation pay plus premium spend for all hours dealt with the general public vacation and not get another day of rest (called a “replacement” vacation);.
or.

– be paid their routine earnings for all hours dealt with the general public vacation and get another replacement vacation for which they should be paid public holiday pay.

Some workers may be required to deal with a public vacation. (See “Special rules for certain industries” later on in this Chapter.) While a lot of workers are qualified for the public holiday privilege, some staff members operate in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To figure out whether a task is covered, or if unique rules apply, please describe the Guide to employment requirements unique guidelines and exemptions.

Use the Employment Standards Self-Service Tool to examine compliance with public holidays and other employment requirements privileges.

See “Public vacation pay” later in this chapter.

Regular incomes does not include any overtime pay, trip 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 companies provide their employees a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not needed to do so under the ESA.

Performing both covered and exempt work

Some staff members carry out more than one type of work for a company. Some of this work may be covered by the public holiday part of the ESA, while another sort of work might be exempt from public holiday coverage.

If an employee performs both kinds of work, exempt and covered, they are eligible for the public holiday entitlement with respect to a specific public holiday if a minimum of 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 driver (work that is exempt from public holiday coverage) and referall.us 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 qualified for the public vacation privilege for Canada Day.

Getting approved for public holiday privileges

Generally, staff members get approved for the public vacation privilege unless they:

– fail without affordable cause to work all of their last regularly arranged day of work before the general public vacation or all of their first frequently scheduled day of work after the public vacation (this is called the “Last and First Rule”);.
or.

– stop working without reasonable cause to work their entire shift on the general public vacation if they consented to or were required to work that day.

Note: Most workers who fail to receive the public holiday entitlement are still entitled to be paid superior pay for every hour they work on the vacation.

Qualified staff members can be complete time, part time, permanent or on term agreement. It does not matter how just recently they were hired, or the number of days they worked before the public vacation.

The “last and first rule”

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

For instance, a worker may not be scheduled to work the day right before or after the holiday. As long as the staff member works all of their last routinely scheduled shift before the holiday and all of the very first one after it, or has affordable cause for not working either of those days, they fulfill this qualifying criterion.

Reasonable cause

A staff member is typically considered to have “sensible cause” for missing out on work when something beyond their control avoids the employee from working. Employees are accountable for revealing that they had reasonable cause for staying away from work. If they can do so, they still certify for public holiday entitlements.

How the last and very first guideline works

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

Example: When a worker 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 company for authorization to remove the Thursday before the public vacation since he has an individual consultation. 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 entire Wednesday shift before the holiday and his entire Tuesday shift after the holiday, or has affordable cause for not working either of those days, he receives the paid public vacation.

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris’s work environment is closed for the holiday. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public vacation. The company agrees. 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 reasonable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a staff member is on trip

Canada Day falls on July 1. George is on holiday from June 25 to July 9. If George works all of his last frequently arranged shift before his vacation and very first routinely 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 worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last regularly scheduled day of work before her leave, and her very first routinely set up 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 reasonable cause

A public holiday falls on a Monday, and Ellen’s work environment is closed for the vacation. Ellen does not deal with her last scheduled day before the holiday, and she does not have affordable cause for missing that day. She receives no pay for the holiday.

Public holiday pay

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

When to consist of vacation pay in the calculation of public vacation pay

The quantity of trip pay payable to consist of in the calculation of public holiday pay depends upon whether the employee is on vacation at any time throughout the 4 work weeks prior to the general public holiday, and the manner in which the employee is to be paid vacation pay. Please describe the Vacation chapter for information on the various ways trip pay can be paid.

Vacation pay payable

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

If the worker is to be paid vacation pay with every pay cheque the amount of vacation pay to include in the calculation of public holiday pay will be at least 4 percent of all of the staff member’s wages made throughout the 4 work week duration. (Note that if a worker earns a higher portion of getaway pay, such as 6 percent of earnings, then the “trip pay payable” will be based on that higher percentage.)

If an employee is to get their trip pay in a swelling amount on a specific date or dates, vacation pay will be included in the estimation of public holiday pay just if that date or dates falls throughout the relevant four work week period.

Calculating the four work week duration before the work week with a public vacation

The 4 weeks before the public holiday is based on 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 runs from Thursday to Wednesday. In this case, the four work weeks utilized to calculate public vacation pay are those 4 weeks counting backwards from the first Wednesday (the last day of the company’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 regular salaries made by the staff member and the holiday pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are used in the calculation of public holiday pay.

Calculating public holiday pay

Iryna works 5 days a week and earns $120 a day. She worked her last frequently set up work day before the general public vacation and her first regularly arranged day after the holiday. She receives her trip pay when her holiday is taken. She was not on holiday throughout the 4 work weeks leading up to the general public vacation.

1. Calculate Iryna’s total routine incomes earned:
$ 120 per day X 5 days = $600 per 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 vacation.

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

3. Total her total salaries earned and trip pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

Result: Iryna is entitled to $120 public vacation pay.

Example: When trip time is included

Brock works five days a week and makes $160 a day. He was on vacation for two of the 4 weeks before the public vacation. He gets vacation pay before he takes his holiday. He is paid $1,600 getaway pay for his 2 weeks of vacation. Brock worked his last regularly arranged work day before the public holiday and his very first regularly arranged work day after the vacation.

1. Calculate Brock’s overall routine wages made:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.

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

3. Add together his total incomes 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 vacation pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely scheduled work day before the public holiday and her very first regularly arranged day after the vacation. She and her employer have actually concurred in writing that she will get 4 percent vacation pay on each paycheque.

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

2. Calculate her trip pay payable:.
$ 4.80 per day (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 weekly X 4 weeks = $57.60.

3. Combine her regular earnings made 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 consists of trip pay

Bertie does not work a set number of hours daily or days weekly. Her pay varies from week to week, according to the time she has actually worked. She and her company have actually concurred in writing that she will get 4 percent trip pay on each pay cheque.

1. Bertie’s routine earnings made 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 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 an employee is on a leave

Zoe typically works 5 days a week, making $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 parental leave.

During her leaves, she was not paid wages or trip pay. She received maternity and parental take advantage of the federal Employment Insurance program, however these advantages are ruled out “salaries.”

Zoe is entitled to get public holiday pay for the public vacations 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 7 days throughout the 4 work weeks before the Canada Day public vacation. Her public holiday spend for Canada Day is:

– Regular wages made: $120 a day X 7 days = $840.

– Vacation pay payable: $0 (she was not on vacation throughout the 4 work week duration).

– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.

Her public vacation pay for the remainder of the public vacations that fall during her leave will be $0. This is due to the fact that she will not have earned any incomes or holiday pay on any of the days throughout the 4 work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene usually works five days a week, earning $100 a day. He was placed on short-lived layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He got work insurance benefits throughout this time, but these benefits are ruled out “salaries.”

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

However, since Eugene did not make any incomes or getaway 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 regular rate of pay. If a staff member is entitled to receive superior pay for work on a public vacation, they need to be paid 1 1/2 times their regular rate of spend for each hour worked.

For example, 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 change a public holiday. Employees are entitled to be paid public holiday pay for an alternative holiday.

A substitute vacation should be scheduled for a day that is no behind 3 months after the public vacation for which it was earned, or, if the worker has concurred electronically or in composing, the substitute day off can be arranged as much as 12 months after the general public vacation.

If a staff member gets an alternative holiday, the employer needs to offer the employee with a written statement that sets out the general public holiday that is being substituted, the date of the replacement holiday, and the date that the declaration was given to the worker. This declaration should be supplied to the staff member before the general public holiday.

Entitlements for public holidays

Entitlements for public vacations differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the staff member works on the holiday. The various privileges are set out listed below.

When a public holiday falls on a working day but the staff member does not work

Most staff members have the right to get the public holiday off and earn money public holiday pay. (Some workers might be needed to deal with a public vacation. See “Special guidelines for specific industries” later in this chapter.)

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

When a public holiday falls on a day that is not generally a working day for a worker, adremcareers.com or throughout the employee’s vacation, the employee is entitled to either:

– a substitute vacation off with public holiday pay;.
or.

– public vacation pay for the general public holiday, if the worker agrees to this electronically or in writing (in this case, the employee will not be given a substitute day off).

When a worker who gets approved for the day off has concurred digitally or in composing to deal with a public vacation

Most staff members have the right to get the public vacation off and get paid public holiday pay. However, if an employee concurs digitally or in composing to work on the general public vacation, there are 2 alternatives:

– the worker is entitled to receive routine wages for all hours dealt with the public holiday, plus a substitute day of rest deal with public holiday pay;.
or.

– if the worker concurs electronically or in writing, they are entitled to public holiday pay for the general public holiday plus premium pay for all hours worked on the public vacation. In this case, the employee will not be offered an alternative 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 digitally or in composing that he will work on the public holiday which, instead of getting a substitute vacation, he will be paid public vacation pay plus premium spend for all the hours he deals with the holiday.

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

Step 1: compute public holiday pay:

1. Calculate John-Duncan’s overall routine salaries made in the 4 work weeks before the public vacation:
8 hours daily X $20 per hour = $160 daily
$ 160 each day X 5 days = $800 per week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the four work weeks before the general public holiday.

2. Calculate the amount of holiday pay payable with regard to the 4 work week duration:.
John-Duncan gets his getaway pay when he takes his holiday. Because he was not on holiday during the 4 work week duration, the quantity of vacation pay payable with regard to the four work weeks before the public vacation = $0.

3. Add together his total wages earned and getaway 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: compute premium pay

Finally, the premium pay owing to John-Duncan for his deal with the general public holiday is computed:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240

John-Duncan’s premium pay entitlement is $240.

Result: John-Duncan is entitled to public holiday pay of $160 and exceptional pay of $240, for an overall of $400.

When a staff member consents to work on a public vacation but stops working to do so

If a staff member has concurred digitally or in writing to work on the public vacation however does not do so – and does not have reasonable cause for not having actually done so – the staff member has no right to public holiday pay or to a substitute day off with pay.

However, if the worker has sensible cause for not working the general public vacation, then entitlements will depend upon which of the 2 alternatives below the worker picked in exchange for agreeing to work on the general public vacation:

– if the employee had actually agreed digitally or in composing to deal with the public vacation for regular wages plus a substitute day off with public holiday pay, the staff member is entitled to a substitute day off deal with public holiday pay;.
or.

– if the worker had agreed digitally or in composing to work on the general public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay for the vacation. The worker is not entitled to receive any premium pay since they did not perform any work on the vacation.

When a staff member works just a few of the hours they consented to work on a public vacation

If an employee has actually concurred digitally or in writing to work on the public vacation however works only a few of the hours they consented to work, and does not have sensible cause for failing to work all of the hours, the worker is just entitled to get premium spend for each hour dealt with the holiday. The employee has no right to public holiday pay or a substitute day of rest work.

Example: A common 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 sensible cause for failing to work the other four hours. Trudi is entitled only to premium pay for the 4 hours she dealt with the vacation. She is not entitled to public vacation pay or to an alternative day off work.

However, if the worker has sensible cause for working just some of the hours they consented to deal with the public holiday, then:

– the staff member is entitled to their regular rate for all the hours worked plus an alternative day of rest work with public holiday pay;.
or.

– if the worker had actually agreed electronically or in writing to work on the general public vacation 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 dealt with the holiday.

Special guidelines for specific markets

Special guidelines apply to workers who operate in the following types of companies:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– health centers and retirement home;.

– continuous 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 company or the video games part of a gambling establishment if the video games tables are open around the clock).

A worker who works in any of these companies can be required to deal with a public holiday without their arrangement, but just if the vacation falls on a day that the employee would usually work and the employee is not on vacation.

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

– their routine rate for the hours worked on the general public holiday, plus a substitute day of rest work with public vacation pay;.
or.

– public holiday pay plus premium pay for each hour worked.

The company selects which of these alternatives will apply.

Note that the company’s ability to need staff members to deal with a public holiday is subject to the staff member’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 specific retail employees who work in continuous operations (for example, a 24-hour convenience shop) deserve to refuse to work on a public holiday because of the special rules that use to some retail employees. See the “Retail employees” chapter of this guide for more details.

A staff member in the previously listed companies who is needed to work on a public vacation that falls on their ordinary working day but fails to do so, with reasonable cause, is entitled to:

– a substitute holiday with public vacation pay;.
or.

– public holiday spend for the holiday.

The employer selects which alternative will use.

An employee in any of these businesses who is required to deal with a public vacation that falls on their regular working day but who fails, with reasonable cause, to work some of the hours they were required to deal with the vacation is entitled to either:

– their routine rate for each hour dealt with the vacation plus a substitute holiday with public vacation pay;.
or.

– public holiday spend for the holiday plus premium spend for each hour worked.

The company chooses which alternative will use.

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

Overtime computations when a worker receives premium pay

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

If employment ends

Sometimes a worker’s job comes to an end before the employee can take an alternative holiday with public vacation pay that they have made. In this case, the company needs to pay the staff member’s pay at the same time it pays the employee’s last earnings. This is so no matter the reason the job came to an end, whether it is because the staff member gave up, was fired for excellent reason, or for some other factor.