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

Alternatively, the employee can concur digitally or in writing to deal with the vacation and be paid:

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

- be paid their routine salaries for all hours worked on the general public holiday and receive another substitute holiday for which they should be paid public holiday pay.


Some workers might be needed to work on a public vacation. (See "Special guidelines for certain industries" later in this Chapter.) While the majority of workers are eligible for the general public vacation entitlement, some staff members work in tasks that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To figure out whether a task is covered, or if unique rules use, 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 employment requirements entitlements.

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

Regular wages does not consist of any overtime pay, getaway pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of project pay payable to a worker.

While some companies give their staff members 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 employees perform more than one kind of work for a company. A few of this work might be covered by the public vacation part of the ESA, while another kind of work may be exempt from public vacation protection.

If an employee carries out both type of work, exempt and covered, they are qualified for the public holiday entitlement with respect to a particular public vacation if at least half of the work carried out in the work week of the general public vacation is work that is covered.

Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public vacation protection) 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 entitlement for Canada Day.

Qualifying for public holiday entitlements

Generally, employees qualify for the public holiday privilege unless they:

- stop working without sensible cause to work all of their last routinely arranged day of work before the public holiday or all of their first routinely scheduled day of work after the public holiday (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 workers who fail to receive the public holiday privilege are still entitled to be paid premium pay for every hour they work on the holiday.

Qualified employees can be full time, part time, permanent or on term contract. It does not matter how just recently they were hired, or how numerous days they worked before the general public vacation.

The "last and first guideline"

The "last regularly set up day of work before the public holiday" and the "first regularly set up day of work after the public holiday" do not need to be the days right in the past and right after the holiday.

For instance, a worker may not be scheduled to work the day right before or after the holiday. As long as the staff member works all of their last frequently arranged shift before the vacation 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 generally considered to have "affordable 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 staying away from work. If they can do so, they still receive public vacation privileges.

How the last and first guideline works

Rosie's routine 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 stopping working to work either of those days, she qualifies to be paid for the holiday.

Example: When an employee takes a day of rest

A public holiday falls on a Monday, and Lev's work environment shuts down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his employer for permission to take off the Thursday before the general public holiday because he has a personal appointment. His company concurs. Lev's last regularly scheduled work day before the holiday is now thought about to be on the Wednesday.

If Lev works his entire 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 gets approved for the paid public vacation.

Example: When an employee 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 desires to leave at 3 p.m. on the Thursday before the general public vacation. The employer agrees. Doris's routinely scheduled shift on the Thursday before the general public vacation is now thought about to be from 9 a.m. to 3 p.m.

. If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or employment has sensible cause for failing to do so, she is entitled to the paid public holiday.

Example: When a staff member is on holiday

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently set up shift before his trip and very first frequently set up shift after his getaway - on June 24 and July 10 - or has affordable cause for failing to do so, he will get approved for the paid public holiday.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation happens. If Lydia works her last routinely scheduled day of work before her leave, and her first routinely set up day of work after her leave, or has sensible cause for failing to do so, she will be entitled to the paid public vacation.

Example: When there is no reasonable cause

A public 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 sensible cause for missing out on that day. She receives no pay for the holiday.

Public vacation pay

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

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

The amount of vacation pay payable to include in the calculation of public vacation pay depends on whether the worker is on vacation at any time throughout the 4 work weeks prior to the public holiday, and the manner in which the employee is to be paid vacation pay. Please describe the Vacation chapter for information on the various methods getaway pay can be paid.

Vacation pay payable

If the employee is to be paid their trip pay before they take a getaway or on or before the pay day for the duration in which the getaway falls, getaway pay will be consisted of in the estimation 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 trip pay will be consisted of in the estimation.

If the employee is to be paid vacation pay with every pay cheque the amount of vacation pay to include in the computation of public holiday pay will be at least four percent of all of the worker's wages made during the four work week duration. (Note that if a staff member earns a greater percentage of trip pay, such as 6 per cent of salaries, then the "vacation pay payable" will be based upon that higher portion.)

If a staff member is to get their vacation pay in a swelling amount on a specific date or dates, getaway pay will be consisted of in the estimation of public vacation pay just if that date or dates falls throughout the relevant four work week duration.

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

The 4 weeks before the 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 ranges from Thursday to Wednesday. In this case, the four work weeks utilized to determine public holiday pay are those four 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 salaries earned by the staff member and the trip pay payable to the staff member with regard to the four work weeks from November 22 to December 19 are used in the estimation of public vacation pay.

Calculating public holiday pay

Iryna works 5 days a week and earns $120 a day. She worked her last regularly scheduled work day before the public holiday and employment her very first regularly set up day after the holiday. She receives her trip pay when her vacation is taken. She was not on trip during the 4 work weeks leading up to the public holiday.

1. Calculate Iryna's total routine salaries earned:
$ 120 per day X 5 days = $600 each week
$ 600 each week X 4 work weeks = $2,400.
Iryna earned $2,400 of routine incomes in the 4 work weeks before the general public holiday.

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

3. Add together her overall salaries made and getaway pay payable and divide the sum 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 5 days a week and makes $160 a day. He was on vacation for two of the four weeks before the public vacation. He gets trip pay before he takes his getaway. He is paid $1,600 getaway pay for his two weeks of vacation. Brock worked his last frequently arranged work day before the public vacation and his first frequently set up work day after the holiday.

1. Calculate Brock's overall routine earnings earned:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.

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

3. Combine his total earnings earned and getaway 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 consists of holiday pay

Tegan works 3 days a week and makes $120 a day. She worked her last frequently set up work day before the public vacation and her first routinely scheduled day after the holiday. She and her company have concurred in composing that she will get 4 percent getaway pay on each paycheque.

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

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

3. Combine her routine salaries earned and holiday pay payable and employment 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 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 each day or days per week. Her pay differs from week to week, according to the time she has actually worked. She and her employer have agreed in composing that she will get four per cent vacation pay on each pay cheque.

1. Bertie's regular incomes earned during the 4 work weeks before the vacation are $1,500.

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

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


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

Example: When a worker is on a leave

Zoe generally works 5 days a week, earning $120 a day. She gets vacation pay before she goes on vacation. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid earnings or vacation pay. She received maternity and parental gain from the federal Employment Insurance program, but these benefits are ruled out "salaries."

Zoe is entitled to get public vacation pay for the general public holidays that fall throughout her leave as long as she works her last frequently arranged day before her leave and her first regularly scheduled 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 throughout the four work weeks before the Canada Day public holiday. Her public holiday spend for Canada Day is:

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

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

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


Her public holiday spend for the rest of the public vacations that fall during her leave will be $0. This is since she will not have made any salaries or holiday 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 usually works 5 days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, employment Eugene was not paid wages or trip pay. He received work insurance coverage advantages throughout this time, however these advantages are ruled out "incomes."

Eugene was remembered 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 frequently arranged day before the layoff and his first frequently set up day after the layoff, or has affordable cause for stopping working to do so.

However, due to the fact that Eugene did not earn any wages or vacation pay in the 4 work weeks before those 2 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 staff member is entitled to receive premium pay for deal with a public vacation, they must 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 holiday

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

An alternative holiday must be set up for a day that is no behind 3 months after the public vacation for which it was earned, or, if the worker has concurred electronically or in writing, the substitute day off can be scheduled up to 12 months after the public vacation.

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

Entitlements for public holidays

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

When a public holiday falls on a working day however the staff member does not work

Most staff members can get the public holiday off and get paid public holiday pay. (Some workers might be required to work on a public vacation. See "Special rules for certain markets" later in this chapter.)

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

When a public holiday falls on a day that is not generally a working day for an employee, or throughout the staff member's getaway, the staff member is entitled to either:

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

- public vacation spend for the public holiday, if the employee consents to this electronically or in writing (in this case, the employee will not be provided an alternative day off).


When an employee who gets approved for the day off has actually agreed electronically or in writing to work on a public vacation

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

- the staff member is entitled to get routine wages for all hours dealt with the general public holiday, plus an alternative day off work with public holiday pay;.
or.

- if the worker concurs digitally or in composing, they are entitled to public vacation spend for the public holiday plus premium pay for all hours worked on the public holiday. In this case, the worker will not be offered an alternative day off.


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 concurred digitally or in composing that he will deal with the public vacation which, instead of getting a replacement holiday, he will be paid public vacation pay plus premium pay for all the hours he deals with the holiday.

John-Duncan regularly works eight hours a day, 5 days a week. His routine per hour 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 eight hours on the general public vacation. He receives his vacation pay when his vacation is taken. He was not on trip throughout the 4 work weeks leading up to the public vacation

Step 1: calculate public holiday pay:

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

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

3. Total his overall wages made and getaway pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.


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

Step 2: calculate exceptional pay

Finally, the premium pay owing to John-Duncan for his work on 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 holiday pay of $160 and superior pay of $240, for a total of $400.

When a staff member consents to deal with a public holiday however stops working to do so

If a staff member has actually agreed digitally or in composing to work on the general public vacation however does not do so - and does not have sensible cause for not having actually done so - the worker has no right to public holiday pay or to an alternative day of rest with pay.

However, if the staff member has affordable cause for not working the public vacation, then entitlements will depend upon which of the 2 alternatives below the employee chose in exchange for accepting deal with the general public vacation:

- if the worker had concurred electronically or in writing to deal with the general public vacation for regular earnings plus an alternative day of rest with public holiday pay, the worker is entitled to a substitute day of rest deal with public holiday pay;.
or.

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


When a staff member works only some of the hours they consented to deal with a public holiday

If a staff member has concurred electronically or in composing to work on the general public holiday but works only a few of the hours they accepted work, and does not have affordable cause for stopping working to work all of the hours, the employee is just entitled to get exceptional spend for each hour dealt with the holiday. The staff member has no right to public vacation pay or a substitute day of rest work.

Example: A typical case

Trudi had concurred 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 only to premium pay for the four hours she dealt with the holiday. She is not entitled to public holiday pay or to a substitute day off work.

However, employment if the employee has reasonable cause for working only a few of the hours they concurred to deal with the general public holiday, then:

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

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


Special guidelines for specific markets

Special guidelines use to employees who work in the list below kinds of organizations:

- hotels, motels and traveler resorts;.

- dining establishments and pubs;.

- healthcare facilities and retirement home;.

- continuous operations (which are operations, or parts of operations, that do not stop or close more than when a week - such as an oil refinery, alarm-monitoring company or the video games part of a casino if the video games tables are open around the clock).


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

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

- their routine rate for the hours dealt with the public holiday, plus a substitute day off deal with public vacation pay;.
or.

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


The employer picks which of these choices will use.

Note that the company's ability to require staff members to work on a public vacation goes through the employee's right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the regards to the employee's work contract. Note also that particular retail workers who work in continuous operations (for example, a 24-hour corner store) can decline to work on a public vacation because of the unique rules that apply to some retail workers. See the "Retail employees" chapter of this guide for more details.

A staff member in the previously noted companies who is required to work on a public holiday that falls on their regular working day but stops working to do so, with sensible cause, is entitled to:

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

- public holiday pay for the holiday.


The employer chooses which option will apply.

A worker in any of these companies who is required to work on a public vacation that falls on their ordinary working day however who fails, with sensible cause, to work some of the hours they were needed to work on the vacation is entitled to either:

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

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


The company picks which choice will use.

A worker in any of these organizations who is needed to deal with a public holiday that falls on their regular working day however who stops working, without affordable cause, to work part or all of the public holiday is only entitled to get superior spend for each hour dealt with the vacation (if any). The worker has no right to public vacation pay or a substitute day of rest work.

Overtime computations when an employee receives exceptional pay

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

If work ends

Sometimes an employee's task pertains to an end before the staff member can take a replacement vacation with public vacation pay that they have actually made. In this case, the company needs to pay the staff member's public holiday pay at the very same time it pays the employee's final incomes. This is so despite the reason the job came to an end, whether it is because the worker quit, was fired for excellent reason, or for some other factor.