Overview

  • Founded Date February 10, 1948
  • Sectors Accountancy
  • Posted Jobs 0
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Company Description

Qualified Employees can Be Full Time

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

Alternatively, the employee can concur electronically or in writing to work on the vacation and be paid:

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

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

Some staff members may be required to work on a public holiday. (See “Special rules for particular markets” later in this Chapter.) While a lot of employees are qualified for the general public vacation privilege, some workers work in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To identify whether a task is covered, or if unique rules use, please refer to the Guide to work requirements special guidelines and exemptions.

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

See “Public vacation pay” later in this chapter.

Regular earnings does not consist of any overtime pay, getaway pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of task pay payable to a worker.

While some employers offer their workers a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, the employer is not needed to do so under the ESA.

Performing both covered and exempt work

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

If an employee carries out both sort of work, exempt and covered, they are qualified for the general public vacation entitlement with respect to a particular public vacation if at least half of the work performed in the work week of the 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, at least half of Rupert’s work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is qualified for the general public vacation privilege for Canada Day.

Getting approved for public vacation privileges

Generally, workers receive the public vacation entitlement unless they:

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

– stop working without reasonable cause to work their whole shift on the general public holiday if they consented to or were needed to work that day.

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

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

The “last and very first rule”

The “last frequently arranged 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 in the past and right after the holiday.

For example, a staff member might not be set up to work the day right before or after the holiday. As long as the worker works all of their last regularly arranged shift before the holiday and all of the first one after it, or has sensible cause for not working either of those days, they fulfill this certifying criterion.

Reasonable cause

An employee is normally considered to have “reasonable cause” for missing work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had sensible cause for job keeping away from work. If they can do so, they still get approved for public vacation entitlements.

How the last and first rule works

Rosie’s routine work week ranges from Monday to Thursday. A public holiday falls on a Monday, and Rosie’s office shuts down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the holiday, or has affordable cause for stopping working to work either of those days, she qualifies to be spent for the holiday.

Example: When a staff member takes a day off

A public holiday falls on a Monday, and Lev’s office closes down for that day. Lev regularly works Monday to Thursday. Lev has asked his company for authorization to take off the Thursday before the public vacation due to the fact that he has a personal consultation. His employer concurs. Lev’s last routinely set up work day before the holiday is now thought about to be on the Wednesday.

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

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris’s office is closed for the holiday. 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 public holiday. The employer agrees. Doris’s frequently arranged shift on the Thursday before the 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 reasonable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a worker is on trip

Canada Day falls on July 1. George is on holiday from June 25 to July 9. If George works all of his last frequently scheduled shift before his getaway and first routinely scheduled shift after his getaway – on June 24 and July 10 – or has reasonable 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 scheduled day of work before her leave, and her very first regularly arranged day of work after her leave, or has sensible 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 work environment is closed for the holiday. Ellen does not deal with her last scheduled day before the vacation, and she does not have reasonable cause for missing that day. She gets no pay for the vacation.

Public vacation pay

The amount of public holiday pay to which a worker is entitled is all of the routine incomes earned by the employee in the 4 work weeks before the work week with the public holiday plus all of the getaway pay payable to the worker with respect to the 4 work weeks before the work week with the general public holiday, divided by 20.

When to include trip pay in the computation of public holiday pay

The quantity of vacation pay payable to include in the estimation of public holiday pay depends upon whether the employee is on trip at any time during the 4 work weeks prior to the public holiday, and the manner in which the worker is to be paid holiday pay. Please refer to the Vacation chapter for job details on the different methods getaway pay can be paid.

Vacation pay payable

If the employee is to be paid their trip pay before they take a vacation or on or before the pay day for the period in which the holiday falls, vacation pay will be included in the computation of public vacation pay if the staff member was on getaway during that 4 work week period. If the worker was not on getaway throughout that period, no trip pay will be included in the calculation.

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

If a staff member is to get their holiday pay in a swelling sum 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 during the pertinent four work week duration.

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

The four weeks before the general public holiday is based on the company’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 used to determine public vacation pay are those 4 weeks counting backwards from the very first Wednesday (the last day of the company’s work week) before the work week in which the general 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 vacation: Tuesday, December 25

In this example, the routine incomes made by the worker and the trip pay payable to the employee with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public holiday pay.

Calculating public holiday pay

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

1. Calculate Iryna’s overall routine wages made:
$ 120 daily X 5 days = $600 per week
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of regular incomes in the 4 work weeks before the public holiday.

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

3. Add together her overall wages earned and trip pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When holiday time is involved

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

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

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

3. Combine his total salaries made and holiday 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 includes holiday pay

Tegan works three days a week and makes $120 a day. She worked her last regularly arranged work day before the public vacation and her first routinely arranged day after the holiday. She and her employer have agreed in writing that she will receive 4 percent getaway pay on each paycheque.

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

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

3. Total her routine wages earned and getaway pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.

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

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

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

1. Bertie’s routine earnings made throughout 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 wages made and holiday 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 worker is on a leave

Zoe normally works five days a week, earning $120 a day. She receives trip pay before she goes on trip. 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 earnings or trip pay. She received maternity and parental take advantage of the federal Employment Insurance program, but these advantages are ruled out “salaries.”

Zoe is entitled to get public holiday spend for the public vacations that fall during her leave as long as she works her last routinely scheduled day before her leave and her first frequently set up 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 4 work weeks before the Canada Day public vacation. Her public vacation spend for Canada Day is:

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

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

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

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

Example: When a staff member is on a layoff

Eugene generally works 5 days a week, making $100 a day. He was placed on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or trip pay. He got work insurance coverage advantages during this time, however these advantages are ruled out “salaries.”

Eugene was recalled 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 routinely set up day before the layoff and his very first regularly scheduled day after the layoff, or has reasonable cause for stopping working to do so.

However, because Eugene did not make any salaries or trip pay in the four work weeks before those two public holidays, the quantity of public vacation 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 an employee is entitled to receive superior spend for deal with a public vacation, they should 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 holiday

A substitute holiday is another working day of rest work that is designated to replace a public vacation. Employees are entitled to be paid public vacation pay for a replacement holiday.

An alternative vacation need to be arranged for a day that is no behind 3 months after the public holiday for which it was earned, or, if the staff member has actually concurred digitally or in composing, the substitute day of rest can be scheduled up to 12 months after the public holiday.

If a worker receives an alternative holiday, the company should offer the employee with a written statement that sets out the public vacation that is being substituted, the date of the substitute holiday, and the date that the statement was provided to the employee. This statement must be provided to the worker before the public holiday.

Entitlements for public vacations

Entitlements for public vacations differ depending upon such things as whether the holiday falls on a working day or a non-working day and whether the employee deals with 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 workers have the right to get the general public vacation off and get paid public vacation pay. (Some employees may be needed to work on a public vacation. See “Special rules for particular industries” later on in this chapter.)

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

When a public holiday falls on a day that is not ordinarily a working day for an employee, or during the employee’s trip, the staff member is entitled to either:

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

– public vacation pay for the general public holiday, if the employee agrees to this electronically or in writing (in this case, the worker will not be offered an alternative day of rest).

When an employee who qualifies for the day off has agreed electronically or in composing to deal with a public vacation

Most workers have the right to get the public vacation off and earn money public holiday pay. However, if an employee concurs electronically or in writing to work on the public vacation, there are 2 options:

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

– if the staff member agrees digitally or in composing, they are entitled to public vacation pay for the public vacation plus premium spend for all hours worked on the public vacation. In this case, the worker will not be provided an alternative day of rest.

Example: Calculating public vacation pay plus premium pay

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

John-Duncan frequently works 8 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 four work weeks before the public holiday. He works 8 hours on the general public holiday. He receives his getaway pay when his trip is taken. He was not on trip throughout the 4 work weeks leading up to the general public vacation

Step 1: calculate public vacation pay:

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

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

3. Combine his total earnings earned 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 pay

Finally, the premium pay owing to John-Duncan for his deal with the public vacation 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 exceptional pay of $240, for an overall of $400.

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

If a worker has concurred digitally or in writing to deal with the public holiday but does refrain from doing so – and does not have affordable cause for not having actually done so – the worker has no right to public vacation pay or to an alternative day off with pay.

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

– if the employee had agreed electronically or in writing to deal with the public vacation for regular wages plus an alternative day off with public vacation pay, the employee is entitled to an alternative day off deal with public vacation pay;.
or.

– if the staff member had actually concurred electronically or in composing 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 holiday pay for the holiday. The staff member is not entitled to get any premium pay since they did not perform any work on the vacation.

When a worker works only some of the hours they concurred to work on a public holiday

If a staff member has agreed electronically or in composing to work on the public holiday however works only some of the hours they agreed to work, and does not have reasonable cause for stopping working to work all of the hours, the worker is just entitled to receive superior spend for each hour dealt with the holiday. The employee has no right to public vacation pay or a substitute day of rest work.

Example: A normal case

Trudi had actually agreed in writing that she would work 8 hours on Canada Day but she just worked 4 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 dealt with the holiday. She is not entitled to public holiday pay or to a substitute day of rest work.

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

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

– if the staff member had actually agreed electronically or in composing to work on the public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour dealt with the holiday.

Special guidelines for specific markets

Special guidelines use to staff members who operate in the list below types of services:

– hotels, motels and resorts;.

– restaurants and pubs;.

– hospitals and retirement home;.

– constant 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 games tables are open around the clock).

A staff member who operates in any of these services can be required to deal with a public holiday without their contract, however only if the holiday falls on a day that the worker would generally work and the staff member is not on vacation.

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

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

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

The employer chooses which of these options will use.

Note that the company’s capability to need employees to work on 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 terms of the worker’s employment agreement. Note likewise that specific retail workers who operate in constant operations (for example, a 24-hour corner store) deserve to refuse to work on a public holiday because of the unique rules that use to some retail workers. See the “Retail employees” chapter of this guide to learn more.

A staff member in the formerly noted companies who is required to work on a public holiday that falls on their ordinary working day however fails to do so, with reasonable cause, is entitled to:

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

– public holiday pay for the holiday.

The company chooses which alternative will use.

A staff member in any of these services who is needed to deal with a public vacation that falls on their regular working day however who stops working, with sensible cause, to work a few of the hours they were needed to deal with the vacation is entitled to either:

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

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

The company picks which choice will apply.

A staff member in any of these companies who is needed to deal with a public holiday that falls on their ordinary working day but who stops working, without reasonable cause, to work part or all of the general public holiday is just entitled to get superior pay for each hour worked on the vacation (if any). The employee has no right to public vacation pay or a substitute day of rest work.

Overtime computations when a staff member receives superior pay

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

If employment ends

Sometimes an employee’s task comes 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 staff member’s public holiday pay at the exact same time it pays the employee’s last wages. This is so despite the factor the job came to an end, whether it is since the staff member stopped, was fired for good factor, or for some other reason.