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Qualified Employees can Be Full Time

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

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

– public vacation pay plus premium pay for all hours worked on the public holiday and not get another day of rest (called a “alternative” vacation);.
or.

– be paid their regular incomes for all hours worked on the public vacation and receive another alternative vacation for which they need to be paid public vacation pay.

Some employees may be needed to deal with a public holiday. (See “Special guidelines for certain industries” later in this Chapter.) While most workers are qualified for the general public holiday privilege, some workers operate in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To determine whether a job is covered, or if special rules apply, please refer to the Guide to employment standards special guidelines and exemptions.

Use the Employment Standards Self-Service Tool to check compliance with public vacations and other work requirements privileges.

See “Public holiday pay” later on in this chapter.

Regular salaries does not include any overtime pay, holiday pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to an employee.

While some employers give their employees a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

Some staff members perform more than one sort of work for an employer. Some of this work might be covered by the public holiday part of the ESA, while another type of work might be exempt from public vacation protection.

If an employee performs both kinds of work, exempt and covered, they are qualified for the general public vacation privilege with regard to a particular 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 company as both a taxi taxi driver (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public vacation part of the ESA). In the work week that Canada Day fell, a minimum of half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.

Receiving public holiday entitlements

Generally, workers receive the general public vacation privilege unless they:

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

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

Note: Most staff members who fail to receive the general public holiday privilege are still entitled to be paid premium pay for every hour they work on the vacation.

Qualified employees can be full time, part-time, long-term or on term contract. It does not matter how recently they were employed, or how lots of days they worked before the general public vacation.

The “last and first rule”

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

For instance, a staff member might 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 routinely 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 staff member is usually thought about to have “sensible cause” for missing work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had reasonable cause for keeping away from work. If they can do so, they still receive public vacation privileges.

How the last and very first rule works

Rosie’s routine work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s workplace 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 sensible cause for failing to work either of those days, she certifies to be spent for the vacation.

Example: When a staff member takes a day off

A public holiday falls on a Monday, and Lev’s workplace shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his company for authorization to take off the Thursday before the public holiday because he has a personal visit. His company concurs. Lev’s last frequently scheduled 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 sensible cause for not working either of those days, he qualifies for the paid public holiday.

Example: When a staff member leaves early

A public holiday falls on a Friday, somalibidders.com and Doris’s workplace is closed for the vacation. Doris normally 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 general public vacation. The employer concurs. Doris’s routinely 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 worker is on getaway

Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last routinely arranged shift before his getaway and very first regularly set up shift after his getaway – on June 24 and July 10 – or has affordable cause for stopping working to do so, he will certify for the paid public vacation.

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

Lydia is on pregnancy leave when the Canada Day vacation takes place. If Lydia works her last routinely set up day of work before her leave, and her first routinely scheduled day of work after her leave, or has reasonable cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

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

Public holiday pay

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

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

The amount of getaway pay payable to consist of in the computation of public vacation pay depends upon whether the employee is on getaway at any time throughout the 4 work weeks prior to the general public vacation, and the way in which the staff member 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 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 estimation of public vacation pay if the worker was on vacation during that four work week duration. If the staff member was not on trip throughout that duration, no holiday pay will be included in the estimation.

If the employee is to be paid vacation pay with every pay cheque the quantity of vacation pay to consist of in the estimation of public vacation pay will be at least four per cent of all of the worker’s wages earned during the 4 work week period. (Note that if an employee makes a higher percentage of getaway pay, such as 6 per cent of earnings, then the “trip pay payable” will be based on that greater portion.)

If an employee is to receive their trip pay in a lump amount on a specific date or dates, holiday pay will be included in the computation of public vacation pay just if that date or dates falls throughout the relevant 4 work week period.

Calculating the four work week period before the work week with a public holiday

The four weeks before the public holiday is based upon 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 ranges from Thursday to Wednesday. In this case, the 4 work weeks utilized to compute public vacation pay are those four weeks counting in reverse from the very first Wednesday (the last day of the employer’s work week) before the work week in which the general public holiday falls.

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

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

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

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

Public holiday: Tuesday, December 25

In this example, the regular wages made by the employee and the getaway pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

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 holiday and her very first regularly arranged day after the vacation. She gets her getaway pay when her trip is taken. She was not on getaway throughout the four work weeks leading up to the public holiday.

1. Calculate Iryna’s total routine earnings made:
$ 120 per day X 5 days = $600 each week
$ 600 per week X 4 work weeks = $2,400.
Iryna earned $2,400 of regular salaries in the 4 work weeks before the public vacation.

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

3. Add together her overall earnings 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 holiday pay.

Example: When trip time is included

Brock works five days a week and earns $160 a day. He was on holiday for 2 of the 4 weeks before the general public vacation. He receives holiday pay before he takes his getaway. He is paid $1,600 trip pay for his two weeks of vacation. Brock worked his last frequently set up work day before the public holiday and his very first frequently set up 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 quantity of vacation pay:.
Brock was on getaway for 2 of the four work weeks prior to the work week with the public vacation, and is paid vacation pay before he takes his holiday. The quantity of trip 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 incomes earned and vacation payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.

Result: Brock is entitled to $160 public vacation pay.

Example: When a worker 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 routinely set up work day before the general public vacation and her very first routinely set up day after the vacation. She and her employer have concurred in composing that she will get four percent getaway pay on each paycheque.

1. Calculate Tegan’s routine incomes earned:.
$ 120 each day X 3 days = $360 per week.
$ 360 weekly X 4 weeks = $1,440.

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

3. Add together her regular incomes earned and getaway pay payable and divide the sum 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 trip pay

Bertie does not work a set variety of hours daily or days weekly. Her pay varies from week to week, according to the time she has actually worked. She and her employer have agreed in composing that she will receive four per cent holiday pay on each pay cheque.

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

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

3. Total her regular earnings earned and trip pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.

Result: Bertie is entitled to $78 public holiday pay.

Example: When a staff member is on a leave

Zoe typically works 5 days a week, earning $120 a day. She receives vacation 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 incomes or getaway pay. She received maternity and parental gain from the federal Employment Insurance program, but these benefits are not considered “wages.”

Zoe is entitled to get public holiday spend for the general public vacations that fall throughout her leave as long as she works her last frequently scheduled day before her leave and her first routinely set up day after her leave, or has reasonable cause for stopping working to do so.

Zoe went on leave on June 10 and only worked seven days during the 4 work weeks before the Canada Day public holiday. Her public holiday pay for Canada Day is:

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

– Vacation pay payable: $0 (she was not on holiday during the 4 work week period).

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

Her public vacation spend for the rest of the public vacations that fall during her leave will be $0. This is since she will not have made any wages 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 put on temporary layoff on November 15. During his layoff, Eugene was not paid earnings or vacation pay. He received employment insurance coverage benefits throughout this time, however these benefits are not thought about “wages.”

Eugene was remembered to deal with 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 regularly scheduled day after the layoff, or has reasonable cause for failing to do so.

However, because Eugene did not earn any incomes or trip pay in the 4 work weeks before those 2 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 staff member’s regular rate of pay. If a worker is entitled to get premium pay for work on a public holiday, they should be paid 1 1/2 times their regular 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 vacation

A substitute vacation is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public holiday spend for an alternative holiday.

An alternative holiday should be scheduled for a day that is no later on than three months after the general public holiday for which it was made, or, if the staff member has actually concurred electronically or in writing, the substitute day off can be arranged up to 12 months after the general public vacation.

If a staff member gets an alternative vacation, the company needs to offer the employee with a written statement that sets out the public vacation that is being substituted, the date of the replacement holiday, and the date that the statement was offered to the staff member. This declaration must be offered to the employee before the public vacation.

Entitlements for public holidays

Entitlements for public holidays differ depending on 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 various privileges are set out below.

When a public vacation falls on a working day but the worker does not work

Most staff members have the right to get the public vacation off and earn money public vacation pay. (Some employees might be required to deal with a public holiday. See “Special rules for certain industries” later on in this chapter.)

When a public holiday falls on a staff member’s non-working day or throughout a worker’s holiday

When a public vacation falls on a day that is not ordinarily a working day for a worker, or during the staff member’s getaway, the staff member is entitled to either:

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

– public holiday spend for the public vacation, if the staff member agrees to this electronically or in writing (in this case, the staff member will not be given an alternative day of rest).

When an employee who receives the day of rest has concurred digitally or in composing to work on a public vacation

Most staff members have the right to get the general public vacation off and earn money public holiday pay. However, if an employee agrees electronically or in composing to deal with the general public holiday, there are two options:

– the employee is entitled to get regular wages for all hours dealt with the public vacation, plus an alternative day off work with public vacation pay;.
or.

– if the worker concurs digitally or in writing, they are entitled to public holiday spend for the general public holiday plus premium pay for all hours dealt with the general public vacation. In this case, the worker will not be provided 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 employer have actually concurred electronically or in writing that he will work on the general public vacation and that, instead of getting a replacement holiday, he will be paid public holiday pay plus premium pay for all the hours he works on the vacation.

John-Duncan frequently works 8 hours a day, 5 days a week. His routine hourly 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 vacation. He receives his vacation pay when his trip is taken. He was not on vacation throughout the four 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 four work weeks before the public vacation:
8 hours daily X $20 per hour = $160 daily
$ 160 per day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the four work weeks before the general public vacation.

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

3. Total his total incomes made and vacation pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public vacation pay entitlement is $160.

Step 2: compute superior referall.us pay

Finally, the premium pay owing to John-Duncan for his deal with the general 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 an overall of $400.

When a worker concurs to work on a public holiday however fails to do so

If a worker has agreed digitally or in composing to deal with the general public vacation but does refrain from doing so – and does not have reasonable cause for not having done so – the worker has no right to public vacation pay or to an alternative day of rest with pay.

However, if the worker has affordable cause for not working the general public holiday, then privileges will depend upon which of the two options below the employee selected in exchange for agreeing to deal with the general public holiday:

– if the worker had concurred digitally or in composing to deal with the public vacation for regular salaries plus a substitute day of rest with public vacation pay, the employee is entitled to an alternative day off deal with public vacation pay;.
or.

– if the worker had agreed electronically or in composing to work on the general public holiday 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 receive any exceptional pay because they did not perform any work on the holiday.

When a worker works only some of the hours they agreed to work on a public vacation

If an employee has concurred digitally or in writing to work on the public vacation but works only some of the hours they concurred to work, and does not have reasonable cause for failing to work all of the hours, the employee is just entitled to receive superior spend for each hour worked on the holiday. The employee has no right to public vacation pay or an alternative day of rest work.

Example: A normal case

Trudi had actually agreed in writing that she would work eight hours on Canada Day but she only worked 4 hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled only to premium spend for the 4 hours she dealt with the vacation. She is not entitled to public vacation pay or to an alternative day of rest work.

However, if the staff member has sensible cause for working just a few of the hours they consented to work on the general public holiday, then:

– the employee is entitled to their routine rate for all the hours worked plus an alternative day off work with public holiday pay;.
or.

– if the worker had actually concurred digitally or in writing to work on 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 holiday.

Special guidelines for specific industries

Special guidelines apply to staff members who operate in the list below kinds of companies:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– health centers and assisted living home;.

– continuous 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 games part of a gambling establishment if the video games tables are open all the time).

A staff member who operates in any of these businesses can be needed to work on a public vacation without their agreement, however just if the holiday falls on a day that the staff member would typically work and the staff member is not on trip.

If a staff member is needed to work, they are entitled to either:

– their regular rate for the hours worked on the general public holiday, plus an alternative day of rest deal with public holiday pay;.
or.

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

The company selects which of these choices will use.

Note that the employer’s capability to need employees to work on a public holiday goes through the worker’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the employee’s employment agreement. Note likewise that specific retail employees who work in continuous operations (for example, a 24-hour benefit shop) deserve to refuse to work on a public vacation due to the fact that of the unique rules that use to some retail workers. See the “Retail employees” chapter of this guide for additional information.

A staff member in the previously noted companies who is required to work on a public holiday that falls on their normal working day but stops working to do so, with affordable cause, is entitled to:

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

– public holiday spend for the holiday.

The company selects which option will use.

A staff member in any of these businesses who is required to deal with a public holiday that falls on their normal working day however who fails, with reasonable cause, to work some of the hours they were required to work on the vacation is entitled to either:

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

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

The company selects which alternative will apply.

A staff member in any of these organizations who is needed to work on a public vacation that falls on their common working day but who fails, without sensible cause, to work part or all of the general public holiday is only entitled to receive premium spend for each hour dealt with the vacation (if any). The staff member has no right to public vacation pay or an alternative day off work.

Overtime calculations when an employee receives exceptional pay

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

If work ends

Sometimes a staff member’s job pertains to an end before the worker can take a replacement holiday with public vacation pay that they have actually earned. In this case, the company needs to pay the employee’s public vacation pay at the exact same time it pays the staff member’s last earnings. This is so regardless of the reason the job pertained to an end, whether it is since the staff member quit, was fired for great factor, or for some other reason.