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Qualified Employees can Be Full-time

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

Alternatively, the employee can agree electronically or in composing to work on the holiday and be paid:

– public vacation pay plus premium spend for all hours worked on the general public vacation and not receive another day of rest (called a « alternative » vacation);.
or.

– be paid their regular wages for all hours dealt with the general public vacation and receive another substitute holiday for which they need to be paid public holiday pay.

Some employees may be needed to work on a public holiday. (See « Special guidelines for specific markets » later on in this Chapter.) While many workers are qualified for the public holiday privilege, some workers work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To figure out whether a task is covered, or if special rules use, please describe the Guide to employment standards unique guidelines and exemptions.

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

See « Public vacation pay » later in this chapter.

Regular wages does not consist of any overtime pay, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of assignment pay payable to an employee.

While some employers give their employees a holiday 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 workers perform more than one sort of work for an employer. A few of this work may be covered by the part of the ESA, while another sort of work may be exempt from public vacation protection.

If a worker performs both kinds of work, exempt and covered, they are eligible for the public holiday entitlement with regard to a specific public vacation if a minimum of half of the work carried out 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, 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 privilege for Canada Day.

Qualifying for public holiday privileges

Generally, workers get approved for the public vacation entitlement unless they:

– stop working without affordable cause to work all of their last regularly scheduled day of work before the public vacation or all of their first frequently arranged day of work after the public holiday (this is called the « Last and First Rule »);.
or.

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

Note: Most employees who stop working to qualify for the general public vacation entitlement are still entitled to be paid premium spend for every hour they work on the holiday.

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

The « last and first guideline »

The « last frequently set up day of work before the general public vacation » and the « first regularly set up day of work after the general public holiday » do not need to be the days right before and right after the vacation.

For example, 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 regularly arranged shift before the vacation and all of the very first one after it, or has affordable cause for not working either of those days, they meet this certifying requirement.

Reasonable cause

A staff member is usually considered to have « affordable cause » for missing work when something beyond their control avoids the employee from working. Employees are accountable for showing that they had reasonable cause for keeping away from work. If they can do so, they still get approved for public holiday entitlements.

How the last and very first guideline works

Rosie’s regular 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 qualifies 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 workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for approval to remove the Thursday before the public holiday due to the fact that he has a personal consultation. His company agrees. Lev’s last frequently scheduled work day before the vacation is now thought about to be on the Wednesday.

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

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris’s workplace is closed for the vacation. Doris typically 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 general public holiday. The employer agrees. Doris’s frequently scheduled shift on the Thursday before the general public vacation 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 failing to do so, she is entitled to the paid public holiday.

Example: When a worker is on trip

Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last frequently set up shift before his vacation and very first regularly set up shift after his vacation – on June 24 and July 10 – or has affordable cause for failing to do so, he will get approved 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 holiday happens. If Lydia works her last frequently set up day of work before her leave, and her very first frequently arranged 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 reasonable cause

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

Public vacation pay

The quantity of public vacation pay to which a staff member is entitled is all of the regular wages made by the employee in the four work weeks before the work week with the general public holiday plus all of the getaway 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 include holiday pay in the estimation of public vacation pay

The amount of vacation pay payable to consist of in the calculation of public holiday pay depends on whether the worker is on holiday at any time throughout the 4 work weeks prior to the public vacation, and the manner in which the employee is to be paid getaway pay. Please refer to the Vacation chapter for details on the different methods vacation pay can be paid.

Vacation pay payable

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

If the employee is to be paid vacation pay with every pay cheque the quantity of holiday pay to consist of in the estimation of public holiday pay will be at least four percent of all of the worker’s wages earned during the four work week period. (Note that if a worker earns a higher percentage of holiday pay, such as six per cent of incomes, then the « holiday pay payable » will be based upon that higher portion.)

If a worker is to get their getaway pay in a lump sum on a specific date or dates, getaway pay will be consisted of in the estimation of public vacation pay just if that date or dates falls throughout the pertinent four work week duration.

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

The 4 weeks before the general 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 ranges from Thursday to Wednesday. In this case, the four work weeks utilized to compute 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 public vacation falls.

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

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

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

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

Public holiday: Tuesday, December 25

In this example, the routine incomes earned by the staff member and the getaway pay payable to the worker with regard to the four work weeks from November 22 to December 19 are used in the computation of public holiday pay.

Calculating public holiday pay

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

1. Calculate Iryna’s total regular wages made:
$ 120 each day X 5 days = $600 weekly
$ 600 weekly X 4 work weeks = $2,400.
Iryna made $2,400 of regular wages in the 4 work weeks before the public holiday.

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

3. Combine her overall wages 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 getaway time is included

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

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

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

3. Add together his overall wages made 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 holiday 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 scheduled work day before the public holiday and her very first regularly set up day after the vacation. She and her company have actually agreed in composing that she will get four percent holiday pay on each paycheque.

1. Calculate Tegan’s regular salaries earned:.
$ 120 daily 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 each week.
$ 14.40 weekly X 4 weeks = $57.60.

3. Total her routine incomes made and vacation 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 getaway pay

Bertie does not work a set variety of hours per day or days each week. Her pay differs from week to week, according to the time she has actually worked. She and her employer have actually agreed in composing that she will receive 4 per cent trip pay on each pay cheque.

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

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

3. Add together her regular incomes earned and trip 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 a staff member is on a leave

Zoe generally works 5 days a week, making $120 a day. She gets holiday pay before she goes on getaway. 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 salaries or holiday pay. She received maternity and adult take advantage of the federal Employment Insurance program, but these advantages are ruled out « incomes. »

Zoe is entitled to get public holiday spend for the public vacations that fall during her leave as long as she works her last frequently 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 only worked 7 days throughout the four work weeks before the Canada Day public holiday. Her public vacation spend for Canada Day is:

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

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

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

Her public vacation spend for the rest of the public vacations that fall throughout her leave will be $0. This is because she will not have earned any wages or vacation pay on any of the days during the 4 work weeks before each of those vacations.

Example: When a worker is on a layoff

Eugene usually works five days a week, making $100 a day. He was positioned on short-lived layoff on November 15. During his layoff, Eugene was not paid wages or holiday pay. He got work insurance coverage benefits throughout this time, however these benefits are not thought about « earnings. »

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 regularly arranged day before the layoff and his very first frequently scheduled day after the layoff, or has affordable cause for stopping working to do so.

However, since Eugene did not make any salaries or vacation pay in the 4 work weeks before those two public vacations, the quantity of public vacation 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 an employee is entitled to get superior spend for deal with a public holiday, they must be paid 1 1/2 times their routine rate of spend for each hour worked.

For example, Nathan’s regular rate of pay is $20 an hour. This implies 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 change a public holiday. Employees are entitled to be paid public vacation pay for an alternative vacation.

An alternative vacation should be arranged for a day that is no behind three months after the public vacation for which it was earned, or, if the staff member has agreed electronically or in writing, the alternative day of rest can be arranged approximately 12 months after the public holiday.

If an employee gets an alternative vacation, the company needs to offer the staff member with a composed declaration that sets out the public vacation that is being replaced, the date of the replacement vacation, and the date that the declaration was provided to the worker. This declaration should be supplied to the staff member before the general public vacation.

Entitlements for public vacations

Entitlements for public holidays vary depending on such things as whether the holiday falls on a working day or a non-working day and whether the employee deals with the vacation. The various privileges are set out below.

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

Most workers have the right to get the general public holiday off and make money public vacation pay. (Some workers may be needed to deal with a public vacation. See « Special guidelines for particular industries » later in this chapter.)

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

When a public holiday falls on a day that is not generally a working day for referall.us a staff member, or during the staff member’s holiday, the staff member is entitled to either:

– an alternative vacation off with public holiday pay;.
or.

– public holiday pay for the public vacation, if the staff member accepts this digitally or in writing (in this case, the employee will not be provided an alternative day off).

When an employee who qualifies for the day off has actually agreed electronically or in writing to work on a public vacation

Most workers can get the general public holiday off and make money public holiday pay. However, if a worker agrees electronically or in composing to work on the public vacation, there are two alternatives:

– the staff member is entitled to receive routine wages for all hours worked on the general public vacation, plus an alternative day off work with public vacation pay;.
or.

– if the employee agrees digitally or in composing, they are entitled to public holiday pay for the general public holiday plus premium pay for somalibidders.com all hours worked on the general 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 employer have actually concurred electronically or in writing that he will deal with the general public vacation which, instead of getting an alternative vacation, he will be paid public holiday pay plus premium spend for all the hours he deals with the vacation.

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

Step 1: calculate public vacation pay:

1. Calculate John-Duncan’s overall regular wages earned in the four work weeks before the general public vacation:
8 hours per 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 earned $3,200 in the four work weeks before the public holiday.

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

3. Combine his total incomes made and trip pay and divide the amount 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 his deal with the general public holiday 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 vacation pay of $160 and exceptional pay of $240, for a total of $400.

When a worker consents to deal with a public vacation however stops working to do so

If an employee has concurred digitally or in writing to work on the general public holiday but does not do so – and does not have sensible cause for not having done so – the worker has no right to public vacation pay or to an alternative day off with pay.

However, if the employee has reasonable cause for not working the general public vacation, then privileges will depend upon which of the 2 options listed below the employee selected in exchange for consenting to work on the general public holiday:

– if the employee had actually concurred electronically or in composing to deal with the public holiday for routine incomes plus a substitute day of rest with public holiday pay, the staff member is entitled to a substitute day of rest work with public holiday pay;.
or.

– if the staff member had agreed digitally or in writing to work on the general public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the vacation. The worker is not entitled to get any premium pay since they did not carry out any deal with the holiday.

When a worker works only some of the hours they agreed to deal with a public vacation

If a worker has actually concurred electronically or in composing to work on the public holiday however works just a few of the hours they agreed to work, and does not have reasonable cause for stopping working to work all of the hours, the staff member is only entitled to receive premium pay 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 common case

Trudi had actually concurred in composing that she would work 8 hours on Canada Day but she just worked 4 hours and did not have reasonable cause for stopping working to work the other four hours. Trudi is entitled only to premium spend for the four hours she dealt with the holiday. She is not entitled to public holiday pay or to a substitute day off work.

However, if the staff member has reasonable cause for working only a few of the hours they accepted deal with the general public vacation, then:

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

– if the staff member had agreed digitally or in writing to work on 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 pay for every hour dealt with the holiday.

Special rules for specific markets

Special guidelines apply to employees who operate in the list below kinds of services:

– hotels, motels and tourist resorts;.

– dining establishments and pubs;.

– health centers and nursing homes;.

– 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 company or the games part of a casino if the games tables are open all the time).

A staff member who works in any of these companies can be required to deal with a public vacation without their contract, however just if the vacation falls on a day that the employee would usually work and the staff member is not on getaway.

If an employee is needed to work, they are entitled to either:

– their routine rate for the hours dealt with the general public holiday, plus a substitute day off work with public vacation pay;.
or.

– public vacation pay plus premium spend for each hour worked.

The company picks which of these choices will apply.

Note that the company’s ability to need employees to deal with a public holiday is subject to the worker’s right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the employee’s employment agreement. Note also that certain retail workers who work in continuous operations (for example, a 24-hour benefit store) deserve to decline to work on a public holiday since of the special guidelines that apply to some retail employees. See the « Retail employees » chapter of this guide to learn more.

A worker in the formerly listed organizations who is needed to work on a public vacation that falls on their normal working day however fails to do so, with sensible cause, is entitled to:

– an alternative vacation with public vacation pay;.
or.

– public holiday pay for the vacation.

The employer picks which choice will use.

A worker in any of these businesses who is needed to deal with a public vacation that falls on their common working day but who fails, with affordable 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 vacation plus an alternative vacation with public vacation pay;.
or.

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

The employer selects which choice will use.

A staff member in any of these companies who is needed to deal with a public holiday that falls on their ordinary working day however who fails, without affordable cause, to work part or all of the general public holiday is only entitled to receive exceptional spend for each hour worked on 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 gets superior pay

Any hours worked on 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 worker’s task concerns an end before the employee can take a replacement vacation with public vacation pay that they have actually earned. In this case, the company must pay the worker’s public holiday pay at the exact same time it pays the worker’s final wages. This is so despite the factor the task concerned an end, whether it is due to the fact that the employee quit, was fired for good factor, or for some other reason.