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Qualified Employees can Be Full Time

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

Alternatively, the staff member can agree digitally or in writing to work on the holiday and be paid:

- public vacation pay plus premium spend for all hours dealt with the public vacation and not get another day of rest (called a "alternative" holiday);.
or.

- be paid their regular wages for all hours worked on the public holiday and get another alternative holiday for which they must be paid public vacation pay.


Some workers may be required to deal with a public vacation. (See "Special rules for particular industries" later on in this Chapter.) While many employees are eligible for the general public vacation entitlement, some workers operate 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 unique guidelines apply, please describe the Guide to work requirements special guidelines and exemptions.

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

See "Public vacation pay" later in this chapter.

Regular incomes 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 task pay payable to a worker.

While some employers provide their staff members 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 workers carry out more than one kind of work for a company. A few of this work might be covered by the public holiday part of the ESA, while another sort of work might be exempt from public holiday coverage.

If a worker carries out both type of work, exempt and covered, they are eligible for the public holiday entitlement with respect to a particular public vacation if a minimum of half of the work performed in the work week of the general public vacation is work that is covered.

Rupert works for a taxi company as both a taxi taxi driver (work that is exempt from public vacation 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 vacation part of the ESA, he is eligible for the general public holiday entitlement for Canada Day.

Receiving public holiday privileges

Generally, workers receive the public holiday privilege unless they:

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

- stop working without sensible cause to work their entire shift on the public vacation if they consented to or were needed to work that day.


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

Qualified workers can be complete time, part time, permanent or on term contract. It does not matter how just recently they were employed, or how lots of days they worked before the general public holiday.

The "last and first guideline"

The "last regularly scheduled day of work before the public vacation" and the "very first frequently scheduled day of work after the general public holiday" do not have to be the days right in the past and right after the holiday.

For example, a worker might not be arranged to work the day right before or after the vacation. As long as the staff member works all of their last frequently scheduled shift before the vacation and all of the first one after it, or has reasonable cause for not working either of those days, they meet this qualifying criterion.

Reasonable cause

An employee is typically thought about to have "reasonable cause" for missing work when something beyond their control avoids the employee from working. Employees are responsible for revealing that they had sensible cause for staying away from work. If they can do so, they still certify for public vacation privileges.

How the last and very first rule works

Rosie's routine work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie's work environment closes down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the vacation, or has sensible cause for stopping working to work either of those days, she certifies to be paid for the holiday.

Example: When a staff member takes a day of rest

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 consent to take off the Thursday before the public holiday since he has an individual appointment. His employer concurs. Lev's last frequently arranged 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 entire Tuesday shift after the holiday, or has sensible cause for not working either of those days, he gets approved for the paid public vacation.

Example: When a staff member 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 desires to leave at 3 p.m. on the Thursday before the public holiday. The employer concurs. 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 reasonable cause for failing to do so, she is entitled to the paid public holiday.

Example: When a worker is on getaway

Canada Day falls on July 1. George is on holiday from June 25 to July 9. If George works all of his last frequently scheduled shift before his vacation and first frequently arranged shift after his holiday - on June 24 and July 10 - or has reasonable cause for failing to do so, he will qualify for the paid public holiday.

Example: When an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last regularly arranged day of work before her leave, and her 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 reasonable cause

A public holiday 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 reasonable cause for missing out on that day. She gets no spend for the vacation.

Public vacation pay

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

When to consist of trip pay in the calculation of public holiday pay

The amount of holiday pay payable to include in the computation of public vacation pay depends on whether the worker is on holiday at any time during the four 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 various ways getaway pay can be paid.

Vacation pay payable

If the employee 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, holiday pay will be consisted of in the estimation of public holiday pay if the worker was on vacation throughout that 4 work week duration. If the worker was not on trip during that duration, no vacation pay will be included in the computation.

If the employee is to be paid getaway pay with every pay cheque the quantity of trip pay to include in the calculation of public vacation pay will be at least four percent of all of the employee's salaries made throughout the four work week period. (Note that if a worker earns a greater percentage of getaway pay, such as six per cent of incomes, then the "trip pay payable" will be based on that greater percentage.)

If a staff member is to get their trip pay in a lump amount on a certain date or dates, trip pay will be included in the calculation of public vacation pay only if that date or dates falls throughout the pertinent 4 work week period.

Calculating the 4 work week period before the work week with a public vacation

The 4 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 an employer's work week ranges from Thursday to Wednesday. In this case, the 4 work weeks used to compute public vacation pay are those four weeks counting in reverse from the 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: somalibidders.com Thursday, December 13 - Wednesday, December 19


Public holiday: Tuesday, December 25

In this example, the regular earnings earned by the worker and the getaway pay payable to the staff member with regard to the four work weeks from November 22 to December 19 are used in the computation 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 very first frequently arranged day after the vacation. She receives her vacation pay when her holiday is taken. She was not on vacation throughout the 4 work weeks leading up to the general public vacation.

1. Calculate Iryna's overall regular earnings earned:
$ 120 daily X 5 days = $600 each week
$ 600 per week X 4 work weeks = $2,400.
Iryna earned $2,400 of regular earnings in the 4 work weeks before the public holiday.

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

3. Total her overall wages made and getaway 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 holiday time is involved

Brock works 5 days a week and earns $160 a day. He was on vacation for two of the 4 weeks before the general public holiday. He gets getaway pay before he takes his trip. He is paid $1,600 holiday spend for his two weeks of holiday. Brock worked his last regularly scheduled work day before the public holiday and his very first routinely set up work day after the holiday.

1. Calculate Brock's total regular wages made:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.

2. Calculate the quantity of trip pay:.
Brock was on getaway for 2 of the four work weeks prior to the work week with the public holiday, and is paid trip pay before he takes his getaway. The amount of vacation 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 salaries earned and trip payable and divide the sum 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 regularly scheduled work day before the public holiday and her very first frequently set up day after the holiday. She and her company have agreed in writing that she will receive four percent vacation pay on each paycheque.

1. Calculate Tegan's regular incomes made:.
$ 120 each day X 3 days = $360 each week.
$ 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 per week X 4 weeks = $57.60.

3. Add together her routine incomes made and trip pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.


Result: Tegan is entitled to $74.88 public holiday pay.

Example: When there are no set hours and each pay cheque consists of getaway pay

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

1. Bertie's routine salaries earned throughout the 4 work weeks before the vacation are $1,500.

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

3. Combine her regular incomes earned and vacation pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.


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

Example: When a worker is on a leave

Zoe usually works five days a week, making $120 a day. She gets getaway pay before she goes on holiday. 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 got maternity and adult gain from the federal Employment Insurance program, however these advantages are not considered "incomes."

Zoe is entitled to receive public vacation pay for the general public holidays that fall throughout her leave as long as she works her last routinely scheduled day before her leave and her very first frequently set up day after her leave, or has affordable cause for failing to do so.

Zoe went on leave on June 10 and only worked seven days throughout the four work weeks before the Canada Day public vacation. Her public holiday spend for Canada Day is:

- Regular salaries made: $120 a day X 7 days = $840.

- Vacation pay payable: $0 (she was not on getaway throughout the four work week period).

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


Her public holiday pay for the remainder of the public holidays that fall throughout her leave will be $0. This is because she will not have actually made any incomes or holiday pay on any of the days throughout the four work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene generally works 5 days a week, earning $100 a day. He was positioned on short-term layoff on November 15. During his layoff, Eugene was not paid incomes or holiday pay. He got work insurance coverage benefits during this time, but these benefits are not thought about "wages."

Eugene was recalled to deal with December 27. He is to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last routinely scheduled day before the layoff and his first regularly set up day after the layoff, or has affordable cause for failing to do so.

However, since Eugene did not earn any wages or getaway pay in the four work weeks before those 2 public vacations, the amount of public holiday pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker's routine rate of pay. If an employee is entitled to receive exceptional pay for deal with a public holiday, they must be paid 1 1/2 times their routine rate of pay for each hour worked.

For example, Nathan's routine rate of pay is $20 an hour. This implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute vacation

A substitute holiday is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public holiday spend for a replacement holiday.

An alternative vacation need to be arranged for a day that is no later on than 3 months after the public holiday for which it was earned, or, if the staff member has agreed digitally or in composing, the alternative day of rest can be arranged as much as 12 months after the public vacation.

If a staff member receives a replacement vacation, the company should provide the employee with a written statement that sets out the general public vacation that is being substituted, the date of the replacement vacation, and the date that the statement was provided to the employee. This declaration should be provided to the worker before the public holiday.

Entitlements for public vacations

Entitlements for public vacations vary depending upon such things as whether the holiday falls on a working day or a non-working day and whether the worker works on the holiday. The various entitlements are set out below.

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

Most staff members deserve to get the public holiday off and make money public vacation pay. (Some staff members might be required to deal with a public holiday. See "Special guidelines for specific industries" later in this chapter.)

When a public vacation falls on a worker's non-working day or throughout a staff member's vacation

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

- a substitute vacation off with public vacation pay;.
or.

- public holiday spend for the general public vacation, if the employee accepts this electronically or in writing (in this case, the staff member will not be given a substitute day of rest).


When an employee who qualifies for the day of rest has actually agreed electronically or referall.us in composing to deal with a public vacation

Most staff members deserve to get the public vacation off and make money public holiday pay. However, if a worker agrees digitally or in composing to deal with the public holiday, there are two alternatives:

- the worker is entitled to receive routine salaries for all hours dealt with the public holiday, plus an alternative day off deal with public vacation pay;.
or.

- if the staff member concurs digitally or in writing, they are entitled to public holiday pay for the public holiday plus premium pay for all hours dealt with the general public holiday. In this case, the employee will not be offered a substitute day of rest.


Example: Calculating public vacation pay plus premium pay

A public holiday falls on one of John-Duncan's regular working days. He and his employer have agreed electronically or in writing that he will deal with the public holiday and that, rather of getting a replacement vacation, he will be paid public vacation pay plus premium pay for all the hours he works on the vacation.

John-Duncan routinely works eight hours a day, five 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 holiday. He works 8 hours on the public holiday. He gets his holiday pay when his vacation is taken. He was not on vacation during the 4 work weeks leading up to the public holiday

Step 1: compute public vacation pay:

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

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

3. Combine his total salaries earned and vacation pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.


John-Duncan's public holiday pay privilege is $160.

Step 2: calculate premium pay

Finally, the premium pay owing to John-Duncan for his deal with the 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 privilege is $240.

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

When an employee consents to work on a public holiday but stops working to do so

If a staff member has concurred digitally or in composing to work on the public vacation but does refrain from doing so - and does not have affordable cause for not having done so - the staff member has no right to public vacation pay or to an alternative day of rest with pay.

However, if the staff member has affordable cause for not working the public holiday, then privileges will depend upon which of the two choices below the employee selected in exchange for accepting deal with the general public vacation:

- if the worker had agreed electronically or in writing to deal with the general public vacation for routine earnings plus a substitute day off with public holiday pay, the staff member is entitled to an alternative day off work with public vacation pay;.
or.

- if the employee had concurred 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 holiday pay for the vacation. The employee is not entitled to receive any exceptional pay due to the fact that they did not carry out any deal with the vacation.


When an employee works just some of the hours they concurred to deal with a public holiday

If a staff member has agreed digitally or in composing to work on the public vacation but works just some of the hours they agreed to work, and does not have sensible cause for stopping working to work all of the hours, the employee is only entitled to receive premium spend for each hour dealt with the holiday. The employee has no right to public holiday pay or an alternative day off work.

Example: A normal case

Trudi had agreed in writing that she would work eight hours on Canada Day but she just worked four hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled just to premium spend for the four hours she dealt with the holiday. She is not entitled to public vacation pay or to an alternative day off work.

However, if the worker has affordable cause for working just some of the hours they consented to work on the general public vacation, then:

- the worker is entitled to their regular rate for all the hours worked plus a substitute day of rest work with public vacation pay;.
or.

- if the staff member had concurred electronically or in writing to deal with the general public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour worked on the vacation.


Special rules for certain industries

Special rules use to employees who work in the list below types of businesses:

- hotels, motels and traveler resorts;.

- dining establishments and pubs;.

- medical facilities and nursing homes;.

- 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 casino if the video games tables are open all the time).


A staff member who works in any of these companies can be needed to work on a public vacation without their contract, but only if the holiday falls on a day that the staff member would typically work and the worker is not on getaway.

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

- their regular rate for the hours worked on the general public vacation, plus an alternative day off deal with public holiday pay;.
or.

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


The employer picks which of these alternatives will apply.

Note that the employer's ability to require staff members to deal with a public vacation is subject to the worker's right to take a day of rest for functions of religious observance under the Ontario Human Rights Code, and to the regards to the worker's employment agreement. Note also that particular retail workers who work in continuous operations (for example, a 24-hour benefit shop) have the right to decline to work on a public holiday because of the special guidelines that apply to some retail workers. See the "Retail workers" chapter of this guide for additional information.

An employee in the previously listed services who is needed to work on a public holiday that falls on their common working day but stops working to do so, with sensible cause, is entitled to:

- an alternative vacation with public holiday pay;.
or.

- public vacation pay for the holiday.


The company chooses which option will use.

An employee in any of these companies who is required to deal with a public vacation that falls on their ordinary working day however who stops working, with reasonable cause, to work some of the hours they were required to work on the holiday is entitled to either:

- their regular rate for each hour worked on the holiday plus a substitute holiday with public holiday pay;.
or.

- public vacation spend for the holiday plus premium pay for each hour worked.


The employer selects which option will use.

A staff member in any of these companies who is required to work on a public vacation that falls on their regular working day however who fails, without sensible cause, to work part or all of the public vacation is only entitled to receive exceptional spend for each hour worked on the vacation (if any). The worker has no right to public vacation pay or a substitute day of rest work.

Overtime estimations when a staff member gets exceptional pay

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

If work ends

Sometimes a worker's job pertains to an end before the employee can take a replacement vacation with public vacation pay that they have made. In this case, the employer should pay the worker's public holiday pay at the exact same time it pays the staff member's last incomes. This is so regardless of the factor the task came to an end, whether it is due to the fact that the employee stopped, was fired for good factor, or for some other factor.