Most workers who qualify are entitled to take these days 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 holiday pay plus premium pay for all hours worked on the general public holiday and not receive another day off (called a "replacement" vacation);.
or.
- be paid their regular earnings for all hours dealt with the general public vacation and receive another replacement holiday for which they must be paid public holiday pay.
Some employees might be required to work on a public vacation. (See "Special guidelines for certain markets" later on in this Chapter.) While many employees are qualified for the public vacation privilege, some workers work in tasks that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To identify whether a job is covered, or if special rules use, please refer to the Guide to employment standards special guidelines and exemptions.
Use the Employment Standards Self-Service Tool to examine compliance with public vacations and other employment standards entitlements.
See "Public vacation pay" later in this chapter.
Regular earnings does not include any overtime pay, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a staff member.
While some companies offer their staff members a vacation on Easter Sunday, Easter Monday, the very 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 staff members perform more than one type of work for a company. Some of this work might be covered by the public holiday part of the ESA, while another sort of work may be exempt from public vacation coverage.
If a worker carries out both type of work, exempt and covered, they are eligible for the public holiday privilege with respect to a specific public vacation if at least half of the work performed in the work week of the general public vacation is work that is covered.
Rupert works for a taxi business as both a driver (work that is exempt from public holiday 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 entitlement for Canada Day.
Getting approved for public holiday entitlements
Generally, employees qualify for the public vacation privilege unless they:
- fail without reasonable cause to work all of their last frequently set up day of work before the general public vacation or all of their very first routinely arranged day of work after the general public holiday (this is called the "Last and First Rule");.
or.
- fail without sensible cause to work their entire shift on the public holiday if they agreed to or were needed to work that day.
Note: Most employees who stop working to get approved for the public vacation privilege are still entitled to be paid premium pay for every hour they work on the holiday.
Qualified workers can be full-time, part time, irreversible or on term agreement. It does not matter how just recently they were employed, or the number of days they worked before the general public holiday.
The "last and very first rule"
The "last frequently arranged day of work before the public vacation" and the "very first regularly scheduled day of work after the general public vacation" do not need to be the days right in the past and right after the vacation.
For example, an employee may not be set up to work the day right before or after the vacation. As long as the employee works all of their last frequently arranged shift before the holiday and all of the very first one after it, or has affordable cause for not working either of those days, they satisfy this qualifying criterion.
Reasonable cause
An employee is usually thought about to have "reasonable cause" for missing work when something beyond their control prevents the worker from working. Employees are accountable for showing that they had sensible cause for keeping away from work. If they can do so, they still certify for public vacation privileges.
How the last and very first guideline works
Rosie's routine work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie's workplace closes down for that day. If Rosie works the entire shift on the Thursday before the vacation and the Tuesday after the holiday, or has affordable cause for stopping working to work either of those days, she certifies to be paid for job the holiday.
Example: When an employee takes a day off
A public holiday falls on a Monday, and Lev's work environment shuts down for that day. Lev routinely works Monday to Thursday. Lev has actually asked his company for permission to take off the Thursday before the general public vacation due to the fact that he has an individual appointment. His employer agrees. Lev's last routinely 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 entire Tuesday shift after the vacation, or has affordable cause for not working either of those days, he certifies for the paid public holiday.
Example: When an employee leaves early
A public holiday 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 wishes to leave at 3 p.m. on the Thursday before the public vacation. The employer agrees. Doris's regularly scheduled shift on the Thursday before the 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 stopping working to do so, she is entitled to the paid public vacation.
Example: When an employee is on holiday
Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last regularly arranged shift before his vacation and first routinely arranged shift after his trip - on June 24 and July 10 - or has affordable cause for failing to do so, he will receive the paid public holiday.
Example: When a staff member is on a leave or layoff
Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last routinely arranged day of work before her leave, and her first regularly scheduled day of work after her leave, or has affordable 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 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 sensible cause for missing out on that day. She receives no spend for the holiday.
Public holiday pay
The quantity of public vacation pay to which a staff member is entitled is all of the routine incomes made by the worker in the four work weeks before the work week with the general public holiday plus all of the vacation 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 consist of getaway pay in the estimation of public vacation pay
The quantity of getaway pay payable to consist of in the computation of public vacation pay depends upon whether the staff member is on trip at any time throughout the 4 work weeks prior to the public vacation, and the way in which the staff member is to be paid trip pay. Please refer to the Vacation chapter for information on the various methods getaway pay can be paid.
Vacation pay payable
If the worker is to be paid their holiday pay before they take a getaway or on or before the pay day for the duration in which the holiday falls, getaway pay will be included in the calculation of public vacation pay if the worker was on getaway during that four work week duration. If the worker was not on holiday during that period, no vacation pay will be consisted of in the calculation.
If the employee is to be paid vacation pay with every pay cheque the quantity of trip pay to consist of in the computation of public vacation pay will be at least 4 per cent of all of the staff member's salaries earned during the four work week duration. (Note that if an employee earns a higher portion of holiday pay, such as 6 per cent of wages, then the "holiday pay payable" will be based upon that greater percentage.)
If a staff member is to receive their getaway pay in a lump amount on a particular date or dates, trip pay will be included in the calculation of public vacation pay just if that date or dates falls during the appropriate four work week duration.
Calculating the four work week period before the work week with a public holiday
The four weeks before the general public vacation is based on the company's work week and is not always a calendar week.
Example:
Christmas Day falls on a Tuesday. Suppose that a company's work week runs from Thursday to Wednesday. In this case, the four work weeks used to determine 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 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 regular wages earned by the staff member and the trip pay payable to the worker 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 earns $120 a day. She worked her last frequently scheduled work day before the general public holiday and her first regularly set up day after the vacation. She receives her getaway pay when her holiday is taken. She was not on getaway during the four work weeks leading up to the general public vacation.
1. Calculate Iryna's total regular incomes made:
$ 120 each day X 5 days = $600 weekly
$ 600 per week X 4 work weeks = $2,400.
Iryna made $2,400 of regular incomes in the 4 work weeks before the public holiday.
2. Calculate the amount of holiday pay payable with regard to the 4 work week duration:.
Iryna gets her getaway pay when she takes her trip. Because she was not on getaway throughout the 4 work week duration, the quantity of trip pay payable with respect to the four work weeks before the general public vacation = $0.
3. Combine her total earnings made and holiday pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.
Result: Iryna is entitled to $120 public vacation pay.
Example: When trip time is involved
Brock works five days a week and earns $160 a day. He was on trip for two of the four weeks before the public holiday. He gets trip pay before he takes his trip. He is paid $1,600 holiday pay for his two weeks of holiday. Brock worked his last frequently scheduled work day before the public holiday and his very first regularly scheduled work day after the holiday.
1. Calculate Brock's overall regular wages earned:.
Brock worked 10 days.
$ 160 per day X 10 days = $1,600.
2. Calculate the quantity of trip pay:.
Brock was on vacation for two of the 4 work weeks prior to the work week with the general public vacation, and is paid trip pay before he takes his vacation. The quantity of trip pay payable with respect to the four work weeks prior to the work week with the general public holiday = $1,600.
3. Combine his total salaries made 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 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 frequently arranged work day before the public vacation and her very first routinely scheduled day after the vacation. She and her company have agreed in composing that she will get 4 percent getaway pay on each paycheque.
1. Calculate Tegan's routine incomes made:.
$ 120 per day X 3 days = $360 per week.
$ 360 weekly X 4 weeks = $1,440.
2. Calculate her holiday pay payable:.
$ 4.80 daily (4% of $120) X 3 days = $14.40 per week.
$ 14.40 per week X 4 weeks = $57.60.
3. Total her regular salaries made and getaway pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.
Result: Tegan is entitled to $74.88 public vacation pay.
Example: When there are no set hours and each pay cheque includes vacation 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 worked. She and her company have concurred in writing that she will receive four percent vacation pay on each pay cheque.
1. Bertie's regular earnings earned throughout the four work weeks before the holiday are $1,500.
2. Calculate her holiday pay payable:.
$ 1,500 X 4% = $60.
3. Add together her routine wages 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 normally works 5 days a week, earning $120 a day. She gets getaway 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 vacation pay. She received maternity and parental take advantage of the federal Employment Insurance program, but these advantages are not considered "salaries."
Zoe is entitled to get public holiday pay for the public holidays that fall throughout her leave as long as she works her last frequently arranged day before her leave and her very first frequently set up day after her leave, or has reasonable cause for stopping working to do so.
Zoe went on leave on June 10 and just worked 7 days throughout the 4 work weeks before the Canada Day public vacation. Her public vacation spend for Canada Day is:
- Regular incomes made: $120 a day X 7 days = $840.
- Vacation pay payable: $0 (she was not on getaway during the 4 work week duration).
- Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public holiday spend for the remainder of the public vacations that fall during her leave will be $0. This is due to the fact that she will not have made any earnings or trip pay on any of the days throughout the four work weeks before each of those holidays.
Example: When a staff member is on a layoff
Eugene usually works 5 days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid earnings or getaway pay. He got employment insurance coverage benefits throughout this time, however these advantages are ruled out "salaries."
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 routinely scheduled day before the layoff and his very first routinely arranged day after the layoff, or has affordable cause for stopping working to do so.
However, since Eugene did not earn any earnings or vacation 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 a worker is entitled to get exceptional spend for work on a public vacation, they must be paid 1 1/2 times their regular rate of pay for each hour worked.
For instance, Nathan's routine rate of pay is $20 an hour. This means that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).
Substitute vacation
An alternative holiday is another working day off work that is designated to change a public holiday. Employees are entitled to be paid public vacation pay for a replacement holiday.
A replacement holiday should be scheduled for a day that is no later than 3 months after the public vacation for which it was earned, or, if the employee has actually concurred electronically or in writing, the substitute day off can be scheduled as much as 12 months after the public vacation.
If a worker receives a substitute holiday, the company must provide the worker with a composed declaration that sets out the general public holiday that is being substituted, the date of the alternative holiday, and the date that the statement was provided to the staff member. This declaration should be offered to the worker before the public vacation.
Entitlements for public vacations
Entitlements for public vacations vary depending upon such things as whether the vacation falls on a working day or a non-working day and whether the employee works on the holiday. The various entitlements are set out listed below.
When a public vacation falls on a working day however the employee does not work
Most employees deserve to get the public vacation off and get paid public holiday pay. (Some staff members may be needed to work on a public holiday. See "Special rules for specific industries" later in this chapter.)
When a public holiday falls on a staff member's non-working day or throughout a staff member's getaway
When a public holiday falls on a day that is not generally a working day for a worker, or throughout the worker's getaway, the worker is entitled to either:
- a replacement vacation off with public holiday pay;.
or.
- public vacation pay for the general public vacation, if the staff member accepts this electronically or job in writing (in this case, the staff member will not be provided an alternative day of rest).
When a worker who receives the day off has agreed electronically or in writing to work on a public holiday
Most staff members have the right to get the general public vacation off and earn money public holiday pay. However, if a worker agrees electronically or in writing to work on the public holiday, there are 2 alternatives:
- the worker is entitled to receive routine wages for all hours worked on the general public holiday, plus a substitute day off deal with public vacation pay;.
or.
- if the staff member concurs digitally or in writing, they are entitled to public vacation spend for the general public holiday plus premium pay for all hours dealt with the general public vacation. In this case, the staff member will not be offered a substitute day of rest.
Example: Calculating public holiday pay plus premium pay
A public vacation falls on one of John-Duncan's typical working days. He and his company have concurred electronically or in writing that he will deal with the general public holiday which, rather of getting an alternative vacation, he will be paid public vacation pay plus premium pay for all the hours he works on the holiday.
John-Duncan frequently works eight hours a day, five days a week. His routine hourly pay rate is $20. He has actually worked on all his scheduled work days in the 4 work weeks before the public holiday. He works 8 hours on the general public holiday. He receives his vacation pay when his vacation is taken. He was not on trip during the four work weeks leading up to the general public vacation
Step 1: calculate public holiday pay:
1. Calculate John-Duncan's overall regular salaries earned in the four work weeks before the public holiday:
8 hours daily X $20 per hour = $160 per day
$ 160 each day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the public vacation.
2. Calculate the quantity of vacation pay payable with respect to the 4 work week duration:.
John-Duncan receives his holiday pay when he takes his vacation. Because he was not on holiday throughout the four work week period, the quantity of trip pay payable with regard to the 4 work weeks before the general public holiday = $0.
3. Total his total wages earned and getaway 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: determine superior pay
Finally, the premium pay owing to John-Duncan for his work on the general 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 a total of $400.
When an employee consents to deal with a public vacation however fails to do so
If an employee has agreed electronically or in writing to deal with the public holiday however does not do so - and does not have sensible cause for not having actually done so - the employee has no right to public holiday pay or to a substitute day off with pay.
However, if the employee has affordable cause for not working the general public vacation, then entitlements will depend on which of the 2 choices listed below the employee selected in exchange for accepting work on the general public vacation:
- if the employee had agreed digitally or in composing to deal with the general public vacation for routine incomes plus a substitute 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 worker had actually agreed electronically or in writing to deal with the general public holiday for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public holiday spend for the vacation. The worker 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 a few of the hours they consented to work on a public holiday
If an employee has actually concurred electronically or in composing to work on the general public vacation however works just a few of the hours they concurred to work, and does not have affordable cause for stopping working to work all of the hours, the worker is just entitled to receive premium pay for each hour worked on the holiday. The worker has no right to public vacation pay or an alternative day off work.
Example: A common case
Trudi had actually concurred in composing that she would work 8 hours on Canada Day but she only worked 4 hours and did not have affordable cause for stopping working to work the other four hours. Trudi is entitled just to premium pay for the four hours she dealt with the vacation. She is not entitled to public vacation pay or to a substitute day of rest work.
However, if the employee has affordable cause for working just a few of the hours they agreed to work on the general public vacation, then:
- the employee is entitled to their routine rate for all the hours worked plus an alternative day of rest work with public holiday pay;.
or.
- if the staff member had concurred digitally or in writing 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 plus premium pay for every hour dealt with the holiday.
Special guidelines for particular industries
Special guidelines apply to workers who work in the following kinds of companies:
- hotels, motels and traveler resorts;.
- dining establishments and taverns;.
- medical facilities and retirement 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 casino if the video 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 arrangement, however only if the holiday falls on a day that the worker would generally work and the staff member is not on holiday.
If a worker is required to work, job they are entitled to either:
- their regular rate for the hours dealt with the general public holiday, plus a substitute day off deal with public holiday pay;.
or.
- public vacation pay plus premium spend for each hour worked.
The company selects which of these alternatives will use.
Note that the company's ability to need workers to work on a public vacation goes through the staff member's right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the regards to the employee's employment contract. Note likewise that certain retail workers who work in constant operations (for example, a 24-hour benefit shop) can decline to work on a public vacation since of the special rules that use to some retail employees. See the "Retail workers" chapter of this guide for additional information.
A staff member in the formerly noted businesses who is required to work on a public holiday that falls on their common working day however fails to do so, with affordable cause, is entitled to:
- a substitute vacation with public vacation pay;.
or.
- public vacation pay for the vacation.
The company picks which choice 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 but who stops working, with sensible cause, to work a few of the hours they were required to deal with the holiday is entitled to either:
- their routine rate for each hour dealt with the vacation plus a replacement holiday with public vacation pay;.
or.
- public holiday spend for the holiday plus premium spend for each hour worked.
The company selects which alternative will apply.
A staff member in any of these companies who is needed to deal with a public vacation that falls on their regular working day but who stops working, without sensible cause, to work part or all of the general public holiday is only entitled to get superior spend for each hour worked on the vacation (if any). The worker has no right to public holiday pay or an alternative day of rest work.
Overtime calculations when a staff member receives superior pay
Any hours dealt with a public holiday that are compensated with superior pay are not included when determining whether a staff member has actually worked any overtime hours.
If work ends
Sometimes a worker's task concerns an end before the staff member can take a replacement vacation with public holiday pay that they have actually earned. In this case, the employer should pay the staff member's public vacation pay at the exact same time it pays the employee's final incomes. This is so despite the reason the job concerned an end, whether it is since the employee quit, was fired for excellent factor, or for some other reason.
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