Qualified Employees can Be Full Time
Most who certify are entitled to take nowadays off work and be paid public vacation pay.
Alternatively, the worker can agree electronically or in composing to deal with the holiday and be paid:
– public holiday pay plus premium spend for all hours worked on the public holiday and not get another day off (called a „substitute“ holiday);.
or.
– be paid their regular salaries for all hours worked on the public vacation and receive another alternative vacation for which they should be paid public holiday pay.
Some employees may be required to deal with a public vacation. (See „Special rules for specific industries“ later in this Chapter.) While a lot of staff members are qualified for the public vacation entitlement, some staff members operate in tasks that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To figure out whether a task is covered, or if unique rules apply, please refer to the Guide to work requirements unique guidelines and exemptions.
Use the Employment Standards Self-Service Tool to examine compliance with public vacations and other employment requirements entitlements.
See „Public holiday pay“ later on in this chapter.
Regular salaries does not include any overtime pay, vacation pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a staff member.
While some employers provide their workers a vacation on Easter Sunday, 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 perform more than one type of work for an employer. A few of this work may be covered by the public vacation part of the ESA, while another type of work may be exempt from public vacation coverage.
If an employee performs both type of work, exempt and covered, they are qualified for the general public holiday privilege with regard to a particular public vacation if at least 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 taxi driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public vacation 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 public vacation entitlement for Canada Day.
Receiving public holiday entitlements
Generally, workers get approved for the general public holiday entitlement unless they:
– fail without affordable cause to work all of their last regularly set up day of work before the general public holiday or all of their first regularly set up day of work after the public holiday (this is called the „Last and First Rule“);.
or.
– fail without affordable cause to work their entire shift on the general public holiday if they consented to or were required to work that day.
Note: Most staff members who stop working to get approved for the general public vacation privilege are still entitled to be paid premium pay for every hour they deal with the holiday.
Qualified employees can be complete time, part-time, permanent or on term agreement. It does not matter how recently they were employed, or how numerous days they worked before the general public holiday.
The „last and first guideline“
The „last frequently scheduled day of work before the general public holiday“ and the „very first regularly arranged day of work after the general public vacation“ do not have to be the days right previously and right after the holiday.
For instance, an employee may not be set up to work the day right before or after the vacation. As long as the worker works all of their last frequently scheduled shift before the holiday and all of the first one after it, or has sensible cause for not working either of those days, they satisfy this qualifying criterion.
Reasonable cause
An employee is normally considered to have „affordable cause“ for missing out on work when something beyond their control prevents the worker from working. Employees are responsible for showing that they had sensible cause for remaining away from work. If they can do so, they still receive public holiday privileges.
How the last and first rule works
Rosie’s routine work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s work environment shuts down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the holiday, or has reasonable cause for failing to work either of those days, she certifies to be paid for the vacation.
Example: When a staff member takes a day off
A public holiday falls on a Monday, and Lev’s office shuts down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his employer for authorization to remove the Thursday before the general public holiday since he has an individual consultation. His employer agrees. Lev’s last routinely scheduled work day before the vacation is now considered to be on the Wednesday.
If Lev works his entire Wednesday shift before the vacation and his whole Tuesday shift after the holiday, or has reasonable cause for not working either of those days, he certifies for the paid public vacation.
Example: When an employee leaves early
A public holiday falls on a Friday, and Doris’s work environment 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 public vacation. The company concurs. Doris’s routinely scheduled shift on the Thursday before the general public vacation is now considered to be from 9 a.m. to 3 p.m.
. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has affordable cause for stopping working to do so, she is entitled to the paid public holiday.
Example: When a worker is on holiday
Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last routinely scheduled shift before his holiday and very first routinely arranged shift after his trip – on June 24 and July 10 – or has reasonable cause for stopping working to do so, he will receive 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 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 vacation.
Example: When there is no sensible cause
A public holiday falls on a Monday, and Ellen’s office is closed for the vacation. Ellen does not work on her last scheduled day before the vacation, and she does not have reasonable cause for missing that day. She receives no spend for the vacation.
Public holiday pay
The amount of public holiday pay to which a staff member is entitled is all of the routine incomes earned by the worker in the 4 work weeks before the work week with the public holiday plus all of the trip pay payable to the employee with regard to the 4 work weeks before the work week with the public vacation, divided by 20.
When to include trip pay in the calculation of public vacation pay
The quantity of getaway pay payable to consist of in the calculation of public holiday pay depends on whether the employee is on vacation at any time throughout the 4 work weeks prior to the public vacation, and the manner in which the worker is to be paid vacation pay. Please describe the Vacation chapter for information on the various methods holiday pay can be paid.
Vacation pay payable
If the staff member is to be paid their getaway pay before they take a trip or on or before the pay day for the duration in which the vacation falls, getaway pay will be consisted of in the calculation of public vacation pay if the staff member was on trip during that four work week period. If the staff member was not on getaway during that period, no trip pay will be consisted of in the computation.
If the staff member is to be paid getaway pay with every pay cheque the quantity of getaway pay to consist of in the computation of public vacation pay will be at least four percent of all of the staff member’s wages made throughout the 4 work week duration. (Note that if a staff member makes a greater portion of vacation pay, such as six per cent of wages, then the „vacation pay payable“ will be based upon that higher percentage.)
If a worker is to get their holiday pay in a lump sum on a certain date or dates, vacation pay will be consisted of in the estimation of public vacation pay just if that date or dates falls throughout the pertinent 4 work week duration.
Calculating the four work week period before the work week with a public vacation
The four weeks before the public holiday is based on the employer’s work week and is not always a calendar week.
Example:
Christmas Day falls on a Tuesday. Suppose that an employer’s work week runs from Thursday to Wednesday. In this case, the four work weeks utilized to determine 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 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, job December 19
Public vacation: Tuesday, December 25
In this example, the routine wages made by the employee and the holiday pay payable to the staff member with respect to the 4 work weeks from November 22 to December 19 are utilized in the estimation of public vacation pay.
Calculating public holiday pay
Iryna works five days a week and makes $120 a day. She worked her last regularly arranged work day before the public holiday and her first frequently set up day after the holiday. She receives her holiday pay when her trip is taken. She was not on getaway during the 4 work weeks leading up to the general public holiday.
1. Calculate Iryna’s total regular wages made:
$ 120 daily X 5 days = $600 per week
$ 600 each week X 4 work weeks = $2,400.
Iryna made $2,400 of routine earnings in the 4 work weeks before the public holiday.
2. Calculate the amount of trip pay payable with respect to the 4 work week period:.
Iryna gets her getaway pay when she takes her vacation. Because she was not on trip during the 4 work week period, the amount of vacation pay payable with regard to the 4 work weeks before the general public vacation = $0.
3. Combine her total wages made and vacation 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 involved
Brock works 5 days a week and makes $160 a day. He was on getaway for 2 of the 4 weeks before the public vacation. He receives getaway pay before he takes his holiday. He is paid $1,600 getaway spend for his two weeks of getaway. Brock worked his last regularly arranged work day before the public vacation and his first frequently scheduled work day after the holiday.
1. Calculate Brock’s overall regular earnings made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the amount of getaway pay:.
Brock was on vacation for 2 of the four work weeks prior to the work week with the general public holiday, and is paid holiday pay before he takes his getaway. The quantity of trip pay payable with regard to the four work weeks prior to the work week with the general public vacation = $1,600.
3. Add together his overall earnings earned and trip 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 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 regularly arranged work day before the general public vacation and her very first frequently set up day after the vacation. She and her employer have concurred in writing that she will get 4 percent getaway pay on each paycheque.
1. Calculate Tegan’s regular wages made:.
$ 120 each day X 3 days = $360 per week.
$ 360 per week X 4 weeks = $1,440.
2. Calculate her holiday pay payable:.
$ 4.80 daily (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 each week X 4 weeks = $57.60.
3. Combine her routine incomes made and vacation 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 getaway pay
Bertie does not work a set number of hours each 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 agreed in writing that she will get 4 percent getaway pay on each pay cheque.
1. Bertie’s routine salaries earned during the 4 work weeks before the vacation are $1,500.
2. Calculate her vacation pay payable:.
$ 1,500 X 4% = $60.
3. Add together her routine salaries earned and getaway 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 an employee is on a leave
Zoe generally works 5 days a week, earning $120 a day. She receives getaway pay before she goes on getaway. 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 wages or getaway pay. She received maternity and parental gain from the federal Employment Insurance program, however these advantages are not thought about „salaries.“
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 regularly scheduled day before her leave and her first routinely set up day after her leave, or has affordable cause for stopping working to do so.
Zoe went on leave on June 10 and only worked 7 days during the four work weeks before the Canada Day public holiday. Her public holiday spend for Canada Day is:
– Regular earnings earned: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on trip throughout the 4 work week period).
– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.
Her public vacation pay for the rest of the public vacations that fall throughout her leave will be $0. This is because she will not have actually made any salaries or trip pay on any of the days throughout the 4 work weeks before each of those holidays.
Example: When an employee is on a layoff
Eugene typically works five days a week, making $100 a day. He was positioned on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or holiday pay. He got work insurance coverage advantages throughout this time, however these benefits are not considered „earnings.“
Eugene was remembered to deal with December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last regularly set up day before the layoff and his very first frequently set up day after the layoff, or has sensible cause for stopping working to do so.
However, since Eugene did not earn any wages or holiday 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 an employee’s regular rate of pay. If a worker is entitled to receive premium pay for deal with a public vacation, they should be paid 1 1/2 times their regular rate of spend for each hour worked.
For example, Nathan’s regular 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 holiday
An alternative vacation is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public vacation pay for an alternative vacation.
A replacement 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 staff member has agreed electronically or in writing, the substitute day of rest can be arranged approximately 12 months after the general public vacation.
If a worker receives an alternative vacation, the employer should supply the employee with a written declaration that sets out the public vacation that is being replaced, the date of the alternative vacation, and the date that the statement was offered to the staff member. This declaration should be supplied to the worker before the public vacation.
Entitlements for public holidays
Entitlements for public holidays vary depending upon such things as whether the vacation falls on a working day or a non-working day and whether the staff member deals with the holiday. The various entitlements are set out below.
When a public vacation falls on a working day but the employee does not work
Most workers have the right to get the public vacation off and get paid public holiday pay. (Some employees may be required to work on a public holiday. See „Special rules for certain markets“ later in this chapter.)
When a public holiday falls on an employee’s non-working day or throughout a staff member’s holiday
When a public vacation falls on a day that is not normally a working day for a staff member, or during the staff member’s trip, the employee is entitled to either:
– a replacement holiday off with public vacation pay;.
or.
– public holiday pay for the general public vacation, if the employee accepts this electronically or in writing (in this case, the staff member will not be offered a substitute day of rest).
When an employee who certifies for the day of rest has agreed electronically or in writing to work on a public vacation
Most workers deserve to get the public holiday off and job make money public holiday pay. However, if an employee concurs digitally or in composing to work on the public vacation, there are 2 options:
– the staff member is entitled to get routine incomes for all hours worked on the general public holiday, plus a substitute day off work with public vacation pay;.
or.
– if the employee agrees digitally or in writing, they are entitled to public vacation pay for the general public holiday plus premium pay for all hours worked on the public holiday. In this case, the staff member will not be given a substitute day off.
Example: Calculating public vacation pay plus premium pay
A public holiday falls on among John-Duncan’s typical working days. He and his company have concurred digitally or in composing that he will deal with the general public holiday which, instead of getting a replacement holiday, he will be paid public vacation pay plus premium pay for all the hours he works on the vacation.
John-Duncan frequently works eight hours a day, five days a week. His regular 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 public holiday. He gets his getaway pay when his trip is taken. He was not on getaway throughout the 4 work weeks leading up to the public vacation
Step 1: compute public holiday pay:
1. Calculate John-Duncan’s overall regular wages earned in the four work weeks before the public vacation:
8 hours daily X $20 per hour = $160 daily
$ 160 daily X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the public vacation.
2. Calculate the amount of getaway pay payable with respect to the four work week period:.
John-Duncan gets his getaway pay when he takes his holiday. Because he was not on getaway during the four work week period, the amount of trip pay payable with regard to the four work weeks before the public holiday = $0.
3. Total his overall earnings earned and getaway pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public holiday pay entitlement is $160.
Step 2: compute superior pay
Finally, the premium pay owing to John-Duncan for job 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 holiday pay of $160 and superior pay of $240, for a total of $400.
When an employee consents to work on a public vacation however fails to do so
If a staff member has actually agreed electronically or in composing to work on the public holiday but 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 an alternative day off with pay.
However, if the staff member has affordable cause for not working the general public vacation, then privileges will depend upon which of the two alternatives listed below the worker picked in exchange for accepting deal with the public vacation:
– if the employee had concurred electronically or in writing to deal with the general public holiday for routine earnings plus an alternative day of rest with public vacation pay, the worker is entitled to a substitute day of rest deal with public vacation pay;.
or.
– if the staff member had actually agreed electronically or in composing to deal with the general public vacation for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the holiday. The worker is not entitled to receive any superior pay because they did not carry out any deal with the holiday.
When a worker works just a few of the hours they agreed to work on a public holiday
If a staff member has actually agreed digitally or in composing to work on the public vacation however works only some of the hours they agreed to work, and does not have sensible cause for failing to work all of the hours, the staff member is just entitled to receive premium spend for each hour worked on the holiday. The staff member has no right to public holiday pay or an alternative day off work.
Example: A common case
Trudi had agreed in composing that she would work 8 hours on Canada Day however she only worked four hours and did not have reasonable cause for failing to work the other 4 hours. Trudi is entitled just to premium pay for the 4 hours she worked on the vacation. She is not entitled to public holiday pay or to an alternative day of rest work.
However, if the staff member has affordable cause for working only some of the hours they concurred to work on the general public vacation, 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 staff member had agreed digitally or in composing to deal with the general public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour worked on the holiday.
Special guidelines for particular markets
Special guidelines apply to staff members who work in the following kinds of services:
– hotels, motels and traveler 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 once a week – such as an oil refinery, alarm-monitoring business or the games part of a casino if the video games tables are open around the clock).
A staff member who operates in any of these organizations can be needed to deal with a public vacation without their arrangement, but only if the vacation falls on a day that the worker would usually work and the employee is not on getaway.
If a staff member is required to work, they are entitled to either:
– their routine rate for the hours worked on the general public holiday, plus an alternative day of rest work with public vacation pay;.
or.
– public holiday pay plus premium spend for each hour worked.
The company picks which of these alternatives will apply.
Note that the company’s ability to need employees to deal with a public holiday goes through the staff member’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker’s employment agreement. Note also that specific retail workers who work in constant operations (for example, a 24-hour convenience store) can decline to work on a public vacation since of the special guidelines that apply to some retail workers. See the „Retail employees“ chapter of this guide for more details.
An employee in the formerly noted services who is required to deal with a public vacation that falls on their common working day but fails to do so, with sensible cause, is entitled to:
– a substitute holiday with public vacation pay;.
or.
– public holiday pay for the holiday.
The company picks which alternative will use.
An employee in any of these organizations who is needed to work on a public vacation that falls on their ordinary working day but who stops working, with reasonable cause, to work some of the hours they were required to deal with the holiday is entitled to either:
– their regular 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 employer picks which choice will use.
A staff member in any of these services who is required to work on a public vacation that falls on their common working day however who fails, without affordable cause, to work part or all of the public vacation is only entitled to receive superior spend for each hour worked on the holiday (if any). The worker has no right to public vacation pay or a substitute day off work.
Overtime computations when an employee receives premium pay
Any hours worked on a public vacation that are compensated with exceptional pay are not included when figuring out whether a worker has worked any overtime hours.
If employment ends
Sometimes a staff member’s job pertains to an end before the worker can take an alternative holiday with public vacation pay that they have made. In this case, the company must pay the worker’s public holiday pay at the very same time it pays the staff member’s last earnings. This is so regardless of the reason the job concerned an end, whether it is since the employee stopped, was fired for great reason, or for some other reason.
