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

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

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

- be paid their routine salaries for all hours worked on the general public vacation and get another replacement holiday for which they need to be paid public vacation pay.


Some employees might be needed to deal with a public holiday. (See "Special guidelines for particular industries" later on in this Chapter.) While many workers are eligible for the public vacation entitlement, some staff members operate in tasks that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To determine whether a task is covered, or if unique rules apply, please describe the Guide to employment requirements unique rules and exemptions.

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

See "Public vacation pay" later on in this chapter.

Regular earnings does not consist of any overtime pay, holiday 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 employers offer their employees a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

Some workers perform more than one kind of work for an employer. Some of this work might be covered by the public holiday part of the ESA, while another kind of work might be exempt from public holiday protection.

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

Rupert works for a taxi company as both a taxi cab driver (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 vacation part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.

Getting approved for public holiday entitlements

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

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

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


Note: Most workers who fail to qualify for the general public holiday entitlement are still entitled to be paid premium spend for every hour they deal with the holiday.

Qualified employees can be full-time, part-time, irreversible or on term contract. It does not matter how recently they were worked with, or how many days they worked before the public holiday.

The "last and very first rule"

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

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

Reasonable cause

A worker is generally considered to have "reasonable cause" for missing out on work when something beyond their control avoids the staff member from working. Employees are accountable for revealing that they had affordable cause for keeping away from work. If they can do so, they still receive public vacation entitlements.

How the last and very 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 whole shift on the Thursday before the vacation and the Tuesday after the vacation, or has sensible cause for failing to work either of those days, she qualifies to be spent for the vacation.

Example: When a worker takes a day off

A public vacation falls on a Monday, and Lev's work environment shuts down for that day. Lev regularly works Monday to Thursday. Lev has asked his company for approval to take off the Thursday before the public vacation because he has a personal consultation. His employer agrees. Lev's last regularly arranged work day before the vacation is now thought about to be on the Wednesday.

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

Example: When an employee leaves early

A public holiday falls on a Friday, and Doris's workplace 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 concurs. Doris's regularly scheduled 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 affordable cause for failing to do so, she is entitled to the paid public holiday.

Example: When an employee is on getaway

Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last frequently set up shift before his trip and very first routinely set up shift after his holiday - on June 24 and July 10 - or has affordable 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 occurs. If Lydia works her last frequently set up day of work before her leave, and her very first regularly arranged day of work after her leave, or has affordable cause for stopping working to do so, she will be entitled to the paid public vacation.

Example: When there is no affordable cause

A public holiday falls on a Monday, and Ellen's workplace is closed for the holiday. Ellen does not deal with her last scheduled day before the vacation, and she does not have sensible cause for missing that day. She receives no spend for the vacation.

Public vacation pay

The quantity of public holiday pay to which a staff member is entitled is all of the regular earnings made by the staff member in the four work weeks before the work week with the general public holiday plus all of the trip pay payable to the staff member with respect to the four work weeks before the work week with the public vacation, divided by 20.

When to consist of vacation pay in the computation of public vacation pay

The quantity of getaway pay payable to include in the computation of public holiday pay depends upon whether the staff member is on vacation at any time during the four work weeks prior to the public vacation, and the manner in which the worker is to be paid getaway pay. Please describe the Vacation chapter for info on the various ways holiday pay can be paid.

Vacation pay payable

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

If the staff member is to be paid trip pay with every pay cheque the amount of getaway pay to include in the estimation of public vacation pay will be at least 4 percent of all of the employee's earnings earned throughout the 4 work week period. (Note that if an employee makes a greater portion of vacation pay, such as six percent of wages, then the "getaway pay payable" will be based on that higher portion.)

If an employee is to get their getaway pay in a lump amount on a specific date or dates, trip pay will be consisted of in the calculation of public vacation pay just if that date or dates falls throughout the pertinent four work week period.

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

The four weeks before the general public vacation is based on 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 four work weeks used to compute public vacation pay are those four weeks counting in reverse from the very first Wednesday (the last day of the company's work week) before the work week in which the 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: Thursday, December 13 - Wednesday, December 19


Public vacation: Tuesday, December 25

In this example, the routine salaries made by the staff member and the vacation pay payable to the worker with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public vacation pay.

Calculating public holiday pay

Iryna works five days a week and earns $120 a day. She worked her last routinely scheduled work day before the public holiday and her first routinely arranged day after the vacation. She receives her trip pay when her trip is taken. She was not on getaway throughout the 4 work weeks leading up to the general public holiday.

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

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

3. Total her total wages earned 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 holiday pay.

Example: When holiday time is included

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

1. Calculate Brock's total routine earnings made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

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

3. Total his overall incomes made and vacation payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.


Result: Brock is entitled to $160 public holiday pay.

Example: When a worker works part-time and each pay cheque includes holiday pay

Tegan works three days a week and earns $120 a day. She worked her last routinely set up work day before the general public holiday and her very first routinely set up day after the vacation. She and her employer have actually concurred in writing that she will receive 4 percent getaway pay on each paycheque.

1. Calculate Tegan's regular wages earned:.
$ 120 each day X 3 days = $360 per week.
$ 360 weekly X 4 weeks = $1,440.

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

3. Combine her routine wages 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: Employment Tegan is entitled to $74.88 public vacation pay.

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

Bertie does not work a set number of hours per day or days each week. Her pay differs from week to week, according to the time she has worked. She and her company have actually agreed in composing that she will get four percent getaway pay on each pay cheque.

1. Bertie's routine incomes made throughout the four work weeks before the holiday are $1,500.

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

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


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

Example: When a staff member is on a leave

Zoe typically works five days a week, earning $120 a day. She receives vacation 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 incomes or trip pay. She got maternity and adult gain from the federal Employment Insurance program, but these advantages are not thought about "earnings."

Zoe is entitled to receive public vacation spend for the public holidays that fall during her leave as long as she works her last regularly set up day before her leave and her first frequently arranged day after her leave, or has reasonable cause for failing to do so.

Zoe went on leave on June 10 and just worked 7 days during the 4 work weeks before the Canada Day public holiday. Her public vacation spend for Canada Day is:

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

- Vacation pay payable: $0 (she was not on vacation during the 4 work week duration).

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


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

Example: When a worker is on a layoff

Eugene generally works 5 days a week, making $100 a day. He was positioned on temporary layoff on November 15. During his layoff, Eugene was not paid salaries or trip pay. He received employment insurance advantages during this time, however these benefits are ruled out "salaries."

Eugene was recalled to deal with December 27. He is entitled to be paid public holiday spend for Christmas Day and Boxing Day as long as he works his last regularly set up day before the layoff and his first regularly scheduled day after the layoff, or has reasonable cause for stopping working to do so.

However, because Eugene did not earn any salaries or vacation pay in the 4 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 staff member's regular rate of pay. If a staff member is entitled to get exceptional spend for work on a public holiday, they must be paid 1 1/2 times their regular rate of pay for each hour worked.

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

Substitute vacation

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

A replacement vacation need to be set up for a day that is no behind 3 months after the general public holiday for which it was earned, or, if the worker has actually concurred electronically or in writing, the substitute day off can be arranged up to 12 months after the public holiday.

If an employee gets a replacement holiday, the company needs to provide the worker with a composed declaration that sets out the public vacation that is being substituted, the date of the substitute holiday, and the date that the statement was offered to the worker. This statement should be provided to the worker before the public holiday.

Entitlements for public holidays

Entitlements for public vacations differ depending on such things as whether the holiday falls on a working day or a non-working day and whether the staff member deals with the vacation. The various privileges are set out listed below.

When a public vacation falls on a working day but the staff member does not work

Most workers can get the general public holiday off and get paid public vacation pay. (Some staff members may be needed to deal with a public holiday. See "Special rules for particular markets" later in this chapter.)

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

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

- a replacement holiday off with public vacation pay;.
or.

- public vacation spend for the general public vacation, if the worker consents to this digitally or in writing (in this case, the employee will not be given a substitute day off).


When a staff member who certifies for the day of rest has agreed electronically or in writing to work on a public holiday

Most employees deserve to get the general public holiday off and make money public holiday pay. However, if a worker concurs digitally or in writing to work on the general public vacation, there are 2 options:

- the staff member is entitled to get regular incomes for all hours worked on the general public holiday, plus a substitute day of rest deal with public vacation pay;.
or.

- if the worker agrees digitally or in composing, they are entitled to public vacation spend for the public holiday plus premium pay for all hours worked on the general public holiday. In this case, the employee will not be offered a substitute day of rest.


Example: Calculating public holiday pay plus premium pay

A public holiday falls on among John-Duncan's typical working days. He and his employer have actually agreed electronically or in writing that he will deal with the public holiday which, rather of getting a substitute holiday, 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 per hour pay rate is $20. He has worked on all his scheduled work days in the four work weeks before the general public holiday. He works 8 hours on the public vacation. He gets his trip pay when his getaway is taken. He was not on holiday throughout the four work weeks leading up to the public holiday

Step 1: determine public vacation pay:

1. Calculate John-Duncan's total regular wages earned in the four work weeks before the public vacation:
8 hours per day 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 made $3,200 in the 4 work weeks before the public vacation.

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

3. Combine his overall salaries made 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: determine superior pay

Finally, the premium pay owing to John-Duncan for his work on 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 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 work on a public holiday however stops working to do so

If a worker has actually agreed electronically or in writing to deal with the general public holiday but does not do so - and does not have reasonable cause for not having done so - the worker has no right to public vacation pay or to an alternative day off with pay.

However, if the staff member has sensible cause for not working the public vacation, then entitlements will depend upon which of the 2 alternatives below the worker picked in exchange for consenting to work on the public holiday:

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

- if the staff member had actually agreed digitally or in writing to deal with the general public vacation for employment public vacation pay plus premium spend for each hour worked, they are entitled to be paid public vacation spend for the holiday. The employee is not entitled to get any exceptional pay due to the fact that they did not carry out any work on the holiday.


When an employee works only a few of the hours they accepted deal with a public vacation

If an employee has actually agreed electronically or in writing to work on the general public holiday however works just a few of the hours they consented to work, and does not have sensible cause for stopping working to work all of the hours, the worker is just entitled to receive superior 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 agreed in composing that she would work eight hours on Canada Day but she just worked 4 hours and did not have sensible cause for failing to work the other four hours. Trudi is entitled only to premium spend for the 4 hours she dealt with the vacation. She is not entitled to public holiday pay or to an alternative day off work.

However, if the employee has sensible cause for working only a few of the hours they consented to deal with the general public vacation, then:

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

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


Special rules for certain industries

Special rules use to workers who operate in the following kinds of businesses:

- hotels, motels and tourist resorts;.

- restaurants and pubs;.

- hospitals and nursing homes;.

- 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 gambling establishment if the video games tables are open around the clock).


An employee who operates in any of these businesses can be required to work on a public holiday without their contract, however just if the holiday falls on a day that the staff member would typically work and the worker is not on trip.

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

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

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


The employer picks which of these options will use.

Note that the company's capability to require workers to deal with a public vacation goes through the staff member's right to take a day of rest for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the staff member's employment agreement. Note also that specific retail employees who operate in continuous operations (for instance, a 24-hour corner store) can decline to work on a public vacation since of the unique guidelines that apply to some retail employees. See the "Retail employees" chapter of this guide for more info.

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

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

- public holiday pay for the vacation.


The company selects which alternative will use.

A staff member in any of these businesses who is required to work on a public vacation that falls on their ordinary working day but who fails, with affordable cause, to work some of the hours they were required to deal with the vacation is entitled to either:

- their routine rate for each hour worked on the holiday plus an alternative vacation with public holiday pay;.
or.

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


The employer picks which alternative will apply.

A worker in any of these organizations who is required to work on a public vacation that falls on their normal working day however who stops working, without reasonable cause, to work part or all of the public vacation is only entitled to get exceptional pay for each hour worked on the holiday (if any). The staff member has no right to public holiday pay or an alternative day of rest work.

Overtime computations when an employee gets exceptional pay

Any hours dealt with a public holiday that are compensated with superior pay are not consisted of when determining whether a worker has actually worked any overtime hours.

If work ends

Sometimes a worker's job pertains to an end before the staff member can take an alternative holiday with public holiday pay that they have actually made. In this case, the employer needs to pay the staff member's public holiday pay at the very same time it pays the worker's last wages. This is so no matter 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.