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Founded Date September 7, 1940
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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 agree electronically or in writing to work on the vacation 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 routine earnings for all hours dealt with the public vacation and get another substitute holiday for which they need to be paid public holiday pay.
Some employees might be required to work on a public vacation. (See “Special rules for particular industries” later in this Chapter.) While most workers are eligible for the public vacation privilege, some staff members work 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 special guidelines apply, please describe the Guide to employment standards special rules and exemptions.
Use the Employment Standards Self-Service Tool to inspect compliance with public holidays and other work requirements privileges.
See “Public holiday pay” later in this chapter.
Regular wages does not include any overtime pay, trip pay, public vacation 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 very first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA.
Performing both covered and exempt work
Some staff members perform more than one type of work for an employer. A few of this work may 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 performs both kinds of work, exempt and covered, they are qualified for the public vacation privilege with respect 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 company as both a taxi cab chauffeur (work that is exempt from public holiday coverage) and a dispatcher (work that is covered by the public holiday 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.
Receiving public vacation privileges
Generally, employees receive the general public holiday privilege unless they:
– stop working without affordable cause to work all of their last frequently set up day of work before the public vacation or all of their first frequently scheduled day of work after the public vacation (this is called the “Last and First Rule”);.
or.
– stop working without affordable cause to work their entire shift on the general public holiday if they accepted or were needed to work that day.
Note: Most employees who fail to receive the public holiday entitlement are still entitled to be paid premium pay for every hour they deal with the holiday.
Qualified workers can be full time, part time, permanent or on term contract. It does not matter how recently they were employed, or the number of days they worked before the public holiday.
The “last and first rule”
The “last regularly arranged day of work before the general public vacation” and the “first frequently arranged day of work after the public vacation” do not have 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 routinely 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 worker is generally thought about to have “affordable cause” for missing out on work when something beyond their control prevents the employee from working. Employees are responsible for revealing that they had sensible cause for keeping away from work. If they can do so, they still qualify for public vacation privileges.
How the last and first guideline works
Rosie’s regular work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie’s workplace shuts down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the vacation, or has reasonable cause for failing to work either of those days, she certifies to be paid for the vacation.
Example: When a worker takes a day of rest
A public vacation falls on a Monday, and Lev’s workplace shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his company for permission to remove the Thursday before the public holiday due to the fact that he has a personal appointment. His employer agrees. Lev’s last regularly arranged work day before the vacation is now considered 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 sensible cause for not working either of those days, he qualifies for the paid public holiday.
Example: When a worker leaves early
A public holiday falls on a Friday, and Doris’s office is closed for the vacation. Doris generally 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 holiday. The employer agrees. Doris’s frequently set up shift on the Thursday before the general public holiday is now thought about to be from 9 a.m. to 3 p.m.
. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has reasonable cause for failing to do so, she is entitled to the paid public vacation.
Example: When an employee is on getaway
Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly arranged shift before his trip and first frequently arranged shift after his vacation – on June 24 and July 10 – or has sensible cause for stopping working to do so, he will get approved 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 frequently arranged day of work before her leave, and her very first frequently scheduled 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 vacation falls on a Monday, and Ellen’s work environment is closed for the holiday. Ellen does not work on her last scheduled day before the vacation, and she does not have affordable cause for missing out on that day. She receives no spend for the holiday.
Public vacation pay
The quantity of public holiday pay to which an employee is entitled is all of the regular salaries made by the employee in the four work weeks before the work week with the public holiday plus all of the trip pay payable to the staff member with regard to the 4 work weeks before the work week with the public holiday, divided by 20.
When to include trip pay in the calculation of public vacation pay
The quantity of trip pay payable to include in the computation of public holiday pay depends upon whether the worker is on vacation at any time during the four work weeks prior to the general public holiday, and the way in which the worker is to be paid vacation pay. Please refer to the Vacation chapter for details on the different ways vacation pay can be paid.
Vacation pay payable
If the staff member is to be paid their holiday pay before they take a vacation or on or before the pay day for the period in which the vacation falls, trip pay will be included in the estimation of public holiday pay if the employee was on getaway throughout that 4 work week period. If the staff member was not on getaway throughout that duration, no vacation pay will be included in the computation.
If the employee is to be paid holiday pay with every pay cheque the amount of getaway pay to include in the calculation of public holiday pay will be at least four percent of all of the employee’s salaries earned during the 4 work week duration. (Note that if an employee earns a greater portion of getaway pay, such as six percent of earnings, then the “trip pay payable” will be based upon that greater percentage.)
If a worker is to receive their trip pay in a lump amount on a certain date or dates, trip pay will be consisted of in the computation of public holiday pay only if that date or dates falls throughout the appropriate 4 work week period.
Calculating the 4 work week period before the work week with a public vacation
The four weeks before the public vacation is based upon the employer’s work week and is not necessarily 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 4 work weeks utilized to determine public holiday pay are those 4 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 vacation falls.
– Week 1: employment 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 earnings made by the staff member and the vacation pay payable to the employee with regard to the four work weeks from November 22 to December 19 are utilized in the computation of public holiday pay.
Calculating public holiday pay
Iryna works 5 days a week and makes $120 a day. She worked her last frequently scheduled work day before the public vacation and her very first frequently scheduled day after the vacation. She gets her vacation pay when her trip is taken. She was not on holiday during the 4 work weeks leading up to the general public holiday.
1. Calculate Iryna’s overall regular incomes earned:
$ 120 per day X 5 days = $600 each week
$ 600 each week X 4 work weeks = $2,400.
Iryna made $2,400 of routine incomes in the 4 work weeks before the general public holiday.
2. Calculate the amount of vacation pay payable with regard to the four work week period:.
Iryna gets her holiday pay when she takes her trip. Because she was not on getaway during the four work week duration, the quantity of trip pay payable with regard to the four work weeks before the general public vacation = $0.
3. Combine her overall earnings made 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 vacation time is included
Brock works 5 days a week and makes $160 a day. He was on trip for 2 of the 4 weeks before the public holiday. He gets holiday pay before he takes his holiday. He is paid $1,600 trip pay for his two weeks of holiday. Brock worked his last routinely scheduled work day before the public holiday and his first regularly set up work day after the holiday.
1. Calculate Brock’s overall routine earnings made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
2. Calculate the amount of holiday pay:.
Brock was on trip for employment 2 of the four work weeks prior to the work week with the general public vacation, and is paid holiday pay before he takes his getaway. The amount of trip pay payable with respect to the four work weeks prior to the work week with the public holiday = $1,600.
3. Combine his overall earnings earned 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 vacation pay.
Example: When a worker works part-time and each pay cheque consists of getaway pay
Tegan works 3 days a week and makes $120 a day. She worked her last frequently scheduled work day before the general public holiday and her first regularly arranged day after the holiday. She and her company have agreed in writing that she will get 4 percent getaway pay on each paycheque.
1. Calculate Tegan’s regular salaries earned:.
$ 120 daily X 3 days = $360 weekly.
$ 360 per week X 4 weeks = $1,440.
2. Calculate her trip pay payable:.
$ 4.80 per day (4% of $120) X 3 days = $14.40 each week.
$ 14.40 weekly X 4 weeks = $57.60.
3. Combine her regular salaries made 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 vacation pay.
Example: When there are no set hours and each pay cheque consists of holiday pay
Bertie does not work a set variety of hours daily or days weekly. Her pay varies from week to week, according to the time she has actually worked. She and her company have agreed in writing that she will receive four per cent trip pay on each pay cheque.
1. Bertie’s routine earnings earned during the four work weeks before the holiday are $1,500.
2. Calculate her vacation pay payable:.
$ 1,500 X 4% = $60.
3. Add together her regular wages earned and trip pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
Result: Bertie is entitled to $78 public vacation pay.
Example: When a staff member is on a leave
Zoe usually works five days a week, earning $120 a day. She receives trip pay before she goes on vacation. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave.
During her leaves, she was not paid wages or trip pay. She received maternity and parental take advantage of the federal Employment Insurance program, but these benefits are not thought about “salaries.”
Zoe is entitled to receive public vacation pay for the public holidays that fall throughout her leave as long as she works her last frequently scheduled day before her leave and her first routinely set up day after her leave, or has reasonable cause for 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 pay for Canada Day is:
– Regular earnings made: $120 a day X 7 days = $840.
– Vacation pay payable: $0 (she was not on vacation throughout the four work week period).
– Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.
Her public vacation spend for the rest of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have actually earned any wages or vacation pay on any of the days during the four work weeks before each of those vacations.
Example: When an employee is on a layoff
Eugene generally works 5 days a week, making $100 a day. He was placed on temporary layoff on November 15. During his layoff, Eugene was not paid salaries or trip pay. He received employment insurance coverage advantages during this time, but these benefits are ruled out “incomes.”
Eugene was recalled to work on 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 arranged day before the layoff and his very first frequently set up day after the layoff, or has reasonable cause for failing to do so.
However, because Eugene did not make any salaries or trip pay in the four work weeks before those two public vacations, the amount of public vacation 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 a worker is entitled to receive superior spend for work on a public holiday, they should be paid 1 1/2 times their routine rate of spend for each hour worked.
For instance, 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 pay for an alternative holiday.
An alternative vacation need to be arranged for a day that is no later than three months after the general public holiday for which it was earned, or, if the employee has agreed electronically or in composing, the alternative day of rest can be scheduled as much as 12 months after the general public vacation.
If a staff member gets a substitute vacation, the company must offer the employee with a written statement that sets out the public vacation that is being substituted, the date of the substitute vacation, and the date that the declaration was offered to the employee. This declaration needs to be supplied to the staff member before the general public holiday.
Entitlements for public holidays
Entitlements for public vacations vary depending on such things as whether the vacation falls on a working day or a non-working day and whether the worker works on the vacation. The various privileges are set out below.
When a public vacation falls on a working day but the employee does not work
Most staff members have the right to get the general public holiday off and make money public holiday pay. (Some workers might be needed to work on a public vacation. See “Special rules for particular markets” later on in this chapter.)
When a public holiday falls on a staff member’s non-working day or during an employee’s holiday
When a public holiday falls on a day that is not ordinarily a working day for a staff member, or throughout the staff member’s trip, the employee is entitled to either:
– a substitute holiday off with public holiday pay;.
or.
– public holiday pay for the general public vacation, if the staff member consents to this electronically or in writing (in this case, the staff member will not be offered a substitute day off).
When a staff member who qualifies for the day off has actually concurred electronically or employment in composing to deal with a public holiday
Most staff members deserve to get the public holiday off and make money public holiday pay. However, if a worker concurs digitally or in writing to deal with the public holiday, there are two alternatives:
– the worker is entitled to receive routine incomes for all hours worked on the public holiday, plus a substitute day off deal with public holiday pay;.
or.
– if the worker agrees electronically or in composing, they are entitled to public vacation pay for the public vacation plus premium spend for all hours dealt with the public vacation. In this case, the worker will not be offered a substitute day of rest.
Example: Calculating public holiday pay plus premium pay
A public holiday falls on one of John-Duncan’s regular working days. He and his employer have agreed digitally or in composing 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 pay for all the hours he deals with the vacation.
John-Duncan regularly works 8 hours a day, 5 days a week. His regular per hour is $20. He has dealt with all his scheduled work days in the four work weeks before the general public vacation. He works eight hours on the general public holiday. He receives his vacation pay when his holiday is taken. He was not on trip during the 4 work weeks leading up to the general public holiday
Step 1: compute public vacation pay:
1. Calculate John-Duncan’s overall regular incomes earned in the four work weeks before the general public vacation:
8 hours each day X $20 per hour = $160 each day
$ 160 each day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the four work weeks before the general public vacation.
2. Calculate the amount of getaway pay payable with regard to the 4 work week duration:.
John-Duncan receives his getaway pay when he takes his vacation. Because he was not on trip during the 4 work week period, the quantity of trip pay payable with regard to the four work weeks before the public vacation = $0.
3. Combine his overall wages made and holiday pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
John-Duncan’s public vacation pay privilege is $160.
Step 2: calculate premium pay
Finally, the premium pay owing to John-Duncan for his deal with the public vacation 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 entitlement is $240.
Result: John-Duncan is entitled to public vacation pay of $160 and premium pay of $240, for an overall of $400.
When a staff member consents to deal with a public holiday however stops working to do so
If a worker has actually concurred digitally or in composing to work on the general public vacation but does refrain from doing so – and does not have reasonable cause for not having actually done so – the employee has no right to public vacation pay or to a substitute day of rest with pay.
However, employment if the staff member has affordable cause for not working the general public vacation, then entitlements will depend on which of the 2 options below the worker picked in exchange for concurring to deal with the public holiday:
– if the worker had concurred digitally or in composing to deal with the general public vacation for routine earnings plus an alternative day of rest with public vacation pay, the employee is entitled to a substitute day of rest work with public vacation pay;.
or.
– if the employee had concurred electronically or in writing to work on the general public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public holiday spend for the vacation. The worker is not entitled to get any premium pay due to the fact that they did not carry out any deal with the vacation.
When a staff member works just a few of the hours they concurred to deal with a public vacation
If an employee has actually agreed electronically or in composing to deal with the general public vacation however works only some of the hours they concurred to work, and does not have reasonable cause for failing to work all of the hours, the worker is only entitled to get exceptional spend for each hour worked on the holiday. The worker has no right to public vacation pay or a substitute day of rest work.
Example: A common case
Trudi had concurred in composing that she would work eight hours on Canada Day however she just worked four hours and did not have sensible cause for failing to work the other 4 hours. Trudi is entitled just to premium pay for the four hours she worked on the vacation. She is not entitled to public holiday pay or to an alternative day off work.
However, if the employee has affordable cause for working only some of the hours they consented 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 off work with public holiday pay;.
or.
– if the staff member had actually agreed electronically or in composing to deal with the general public holiday for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour dealt with the vacation.
Special guidelines for certain industries
Special guidelines apply to staff members who work in the list below kinds of companies:
– hotels, motels and tourist resorts;.
– restaurants and pubs;.
– healthcare facilities and assisted living home;.
– continuous operations (which are operations, or parts of operations, that do not stop or close more than as soon as a week – such as an oil refinery, alarm-monitoring business or the video games part of a gambling establishment if the video games tables are open around the clock).
A worker who operates in any of these companies can be needed to deal with a public vacation without their arrangement, but just if the vacation falls on a day that the worker would typically work and the worker is not on getaway.
If a worker is required to work, they are entitled to either:
– their regular rate for the hours worked on the general public holiday, plus an alternative day off deal with public vacation pay;.
or.
– public vacation pay plus premium pay for each hour worked.
The company chooses which of these choices will use.
Note that the company’s ability to need workers 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 employee’s employment agreement. Note likewise that particular retail workers who work in constant operations (for example, a 24-hour corner store) deserve to refuse to work on a public vacation because of the unique guidelines that use to some retail workers. See the “Retail workers” chapter of this guide for additional information.
A staff member in the previously listed businesses who is needed to work on a public holiday that falls on their normal working day however fails to do so, with sensible cause, is entitled to:
– a substitute vacation with public holiday pay;.
or.
– public holiday spend for the holiday.
The employer picks which choice will use.
A worker in any of these companies who is needed to deal with a public vacation that falls on their normal working day but who stops working, with reasonable cause, to work a few of the hours they were required to work on the vacation is entitled to either:
– their regular rate for each hour worked on the holiday plus a replacement holiday with public vacation pay;.
or.
– public holiday pay for the vacation plus premium pay for each hour worked.
The employer chooses which option will use.
A staff member in any of these companies who is needed to deal with a public vacation that falls on their common working day but who fails, without sensible cause, to work part or all of the general public holiday is just entitled to receive premium pay for each hour dealt with the vacation (if any). The staff member has no right to public vacation pay or an alternative day off work.
Overtime computations when a staff member gets premium pay
Any hours dealt with a public vacation that are compensated with superior pay are not consisted of when determining whether an employee has actually worked any overtime hours.
If employment ends
Sometimes a worker’s task pertains to an end before the employee can take a replacement vacation with public vacation pay that they have actually earned. In this case, the employer must pay the staff member’s public holiday pay at the exact same time it pays the employee’s last incomes. This is so regardless of the reason the task pertained to an end, whether it is due to the fact that the employee gave up, was fired for good reason, or for some other factor.