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

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

- public holiday pay plus premium pay for all hours dealt with the general public holiday and not receive another day of rest (called a "substitute" vacation);.
or.

- be paid their regular incomes for all hours dealt with the public vacation and get another alternative vacation for which they should be paid public vacation pay.


Some workers may be required to deal with a public vacation. (See "Special rules for particular industries" later on in this Chapter.) While the majority of staff members are qualified for the general public vacation privilege, some workers work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To determine whether a job is covered, or if unique rules apply, please refer to the Guide to work standards unique rules and exemptions.

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

See "Public holiday pay" later in this chapter.

Regular salaries does not consist of any overtime pay, vacation pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to an employee.

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

Performing both covered and exempt work

Some staff members carry out more than one sort of work for a company. A few of this work may be covered by the public vacation part of the ESA, while another sort of work might be exempt from public holiday coverage.

If a worker performs both sort of work, exempt and covered, they are qualified for the public vacation privilege with respect to a specific public holiday if at least half of the work performed in the work week of the public vacation is work that is covered.

Rupert works for a taxi business as both a taxi cab chauffeur (work that is exempt from public vacation coverage) and a dispatcher (work that is covered by the public holiday 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 vacation part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.

Receiving public holiday entitlements

Generally, workers certify for the general public vacation privilege unless they:

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

- fail without affordable cause to work their entire shift on the public vacation if they concurred to or were needed to work that day.


Note: Most employees who fail to certify for the public holiday entitlement are still entitled to be paid premium spend for every hour they work on the vacation.

Qualified employees can be full-time, part-time, long-term or on term agreement. It does not matter how recently they were worked with, or the number of days they worked before the general public holiday.

The "last and very first guideline"

The "last regularly scheduled day of work before the general public holiday" and the "very first routinely set up day of work after the public holiday" do not have to be the days right previously and right after the holiday.

For example, a worker may not be arranged to work the day right before or after the holiday. As long as the worker works all of their last routinely set up shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they meet this qualifying criterion.

Reasonable cause

An employee is normally thought about to have "sensible cause" for missing work when something beyond their control avoids the staff member from working. Employees are accountable for revealing that they had reasonable cause for remaining away from work. If they can do so, they still get approved for public vacation privileges.

How the last and first rule works

Rosie's regular work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie's workplace shuts down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the vacation, or has affordable 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 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 actually asked his company for approval to remove the Thursday before the public holiday because he has a personal consultation. His company concurs. Lev's last routinely arranged work day before the holiday 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 holiday, or has reasonable cause for not working either of those days, he certifies for the paid public vacation.

Example: When a worker 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 desires to leave at 3 p.m. on the Thursday before the general public vacation. The employer concurs. Doris's frequently scheduled 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 sensible cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a staff member is on trip

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last frequently arranged shift before his vacation and very first regularly set up shift after his getaway - on June 24 and July 10 - or has reasonable cause for stopping working to do so, he will receive the paid public vacation.

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last regularly scheduled day of work before her leave, and her first frequently scheduled day of work after her leave, or has reasonable cause for stopping working to do so, she will be entitled to the paid public holiday.

Example: When there is no reasonable cause

A public holiday falls on a Monday, and Ellen's office 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 that day. She receives no spend for the vacation.

Public holiday pay

The quantity of public holiday pay to which a worker is entitled is all of the regular salaries earned by the staff member in the 4 work weeks before the work week with the general public holiday plus all of the trip pay payable to the employee with respect to the 4 work weeks before the work week with the general 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 consist of in the computation of public vacation pay depends on whether the staff member is on trip at any time during the 4 work weeks prior to the public vacation, and the manner in which the employee is to be paid holiday pay. Please refer to the Vacation chapter for details on the different ways holiday pay can be paid.

Vacation pay payable

If the staff member is to be paid their getaway pay before they take a holiday or on or before the pay day for the period in which the vacation falls, holiday pay will be consisted of in the estimation of public holiday pay if the staff member was on vacation throughout that four work week period. If the employee was not on holiday throughout that period, 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 vacation pay to consist of in the computation of public holiday pay will be at least 4 per cent of all of the staff member's salaries made throughout the four work week period. (Note that if a staff member earns a greater percentage of trip pay, such as 6 per cent of salaries, then the "holiday pay payable" will be based on that higher portion.)

If an employee is to receive their trip pay in a lump sum on a specific date or dates, holiday pay will be included in the computation of public vacation pay just if that date or dates falls during the appropriate four work week duration.

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

The four weeks before the public holiday 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 4 work weeks used to compute public holiday pay are those 4 weeks counting backwards from the very 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 earnings earned by the employee and the vacation pay payable to the employee with regard to the four work weeks from November 22 to December 19 are used in the estimation 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 general public holiday and her very first regularly scheduled day after the holiday. She receives her trip pay when her getaway is taken. She was not on vacation during the 4 work weeks leading up to the public vacation.

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

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

3. Total her total salaries 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 vacation pay.

Example: When getaway time is included

Brock works 5 days a week and makes $160 a day. He was on holiday for two of the four weeks before the general public vacation. He receives getaway pay before he takes his vacation. He is paid $1,600 holiday spend for his two weeks of holiday. Brock worked his last routinely arranged work day before the public holiday and his very first regularly set up work day after the vacation.

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

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

3. Add together his overall salaries earned and getaway payable and divide the sum by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.


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

Example: When a staff member works part-time and each pay cheque includes getaway pay

Tegan works 3 days a week and earns $120 a day. She worked her last routinely arranged work day before the general public holiday and her very first frequently set up day after the holiday. She and her employer have concurred in composing that she will receive four percent trip pay on each paycheque.

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

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

3. Combine her regular earnings made and vacation 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 holiday 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 worked. She and her company have concurred in writing that she will get four per cent getaway pay on each pay cheque.

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

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

3. Total her routine salaries earned and vacation pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.


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

Example: When a staff member is on a leave

Zoe usually works five 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 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 vacations that fall during her leave as long as she works her last regularly set up day before her leave and her very first routinely set up day after her leave, or has reasonable cause for stopping working 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 holiday. Her public holiday pay for Canada Day is:

- Regular earnings earned: $120 a day X 7 days = $840.

- Vacation pay payable: $0 (she was not on getaway throughout the four work week duration).

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


Her public vacation pay for the rest of the public vacations that fall during her leave will be $0. This is because she will not have actually made any incomes 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 usually works 5 days a week, earning $100 a day. He was positioned on short-term layoff on November 15. During his layoff, Eugene was not paid wages or holiday pay. He got work insurance advantages throughout this time, but these advantages are ruled out "incomes."

Eugene was recalled to deal with December 27. He is entitled to be paid public vacation spend for Christmas Day and Boxing Day as long as he works his last routinely set up day before the layoff and his first regularly arranged day after the layoff, or employment has affordable cause for failing to do so.

However, because Eugene did not make any salaries or holiday 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 an employee's routine rate of pay. If a staff member is entitled to receive premium pay for work on a public holiday, they should be paid 1 1/2 times their routine rate of spend for each hour worked.

For example, 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 holiday

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

An alternative vacation should be arranged for a day that is no later than three months after the public vacation for which it was made, or, if the staff member has actually agreed electronically or in writing, the alternative day of rest can be scheduled up to 12 months after the public vacation.

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

Entitlements for public vacations

Entitlements for public holidays vary depending upon such things as whether the vacation falls on a working day or a non-working day and whether the staff member deals with the vacation. The different privileges are set out below.

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

Most employees have the right to get the general public vacation off and earn money public vacation pay. (Some workers may be required to work on a public holiday. See "Special rules for specific markets" later on in this chapter.)

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

When a public holiday falls on a day that is not ordinarily a working day for an employee, or throughout the worker's vacation, the worker is entitled to either:

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

- public vacation spend for the public vacation, if the employee agrees to this digitally or in writing (in this case, the worker will not be provided a substitute day of rest).


When an employee who gets approved for the day off has actually concurred digitally or in writing to deal with a public vacation

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

- the staff member is entitled to receive routine salaries for all hours worked on the general public vacation, plus an alternative day off deal with public vacation pay;.
or.

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


Example: Calculating public holiday pay plus premium pay

A public holiday falls on one of John-Duncan's typical working days. He and his employer have concurred electronically or in composing that he will work on the general public vacation which, instead of getting a replacement vacation, he will be paid public vacation pay plus premium pay for all the hours he works on the holiday.

John-Duncan regularly works eight hours a day, five days a week. His routine per hour pay rate is $20. He has actually worked on all his scheduled work days in the four work weeks before the general public vacation. He works eight hours on the public vacation. He gets his getaway pay when his vacation is taken. He was not on holiday throughout the 4 work weeks leading up to the general public holiday

Step 1: determine public holiday pay:

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

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

3. Add together his total incomes made and vacation pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.


John-Duncan's public vacation pay entitlement is $160.

Step 2: compute premium pay

Finally, the premium pay owing to John-Duncan for his deal with the public vacation is determined:.
$ 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 exceptional pay of $240, for a total of $400.

When an employee consents to deal with a public holiday however fails to do so

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

However, if the staff member has sensible cause for not working the public vacation, then privileges will depend upon which of the 2 options below the staff member picked in exchange for accepting deal with the general public holiday:

- if the employee had actually concurred electronically or in composing to deal with the public holiday for routine incomes plus an alternative day of rest with public holiday pay, the staff member is entitled to a substitute day off work with public vacation pay;.
or.

- if the staff member had concurred digitally or in writing to work on the public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public holiday spend for the holiday. The staff member is not entitled to receive any superior pay because they did not perform any work on the vacation.


When a staff member works just a few of the hours they accepted deal with a public vacation

If an employee has concurred digitally or in composing to work on the general public vacation however works just a few of the hours they accepted work, and does not have sensible cause for stopping working to work all of the hours, the staff member is only entitled to get superior spend for each hour dealt with the holiday. The worker has no right to public holiday pay or an alternative day off work.

Example: A normal case

Trudi had actually agreed in composing that she would work eight hours on Canada Day but she just worked four hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled only to premium pay for the 4 hours she worked on the holiday. She is not entitled to public vacation pay or to a substitute day of rest work.

However, if the staff member has affordable cause for working only a few of the hours they agreed to work on the 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 vacation pay;.
or.

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


Special rules for particular industries

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

- hotels, motels and tourist resorts;.

- restaurants and taverns;.

- hospitals and nursing homes;.

- 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 games part of a gambling establishment if the video games tables are open all the time).


A staff member who operates in any of these organizations can be needed to deal with a public holiday without their contract, but only if the vacation falls on a day that the staff member would typically work and the staff member is not on vacation.

If an employee is required to work, they are entitled to either:

- their regular rate for the hours worked on the general public vacation, plus an alternative day of rest deal with public holiday pay;.
or.

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


The employer selects which of these alternatives will use.

Note that the company's capability to need employees to work on a public holiday is subject to the employee'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 staff member's work contract. Note also that particular retail workers who operate in continuous operations (for instance, a 24-hour corner store) have the right to decline to work on a public holiday since of the unique guidelines that use to some retail employees. See the "Retail employees" chapter of this guide to find out more.

A worker in the formerly listed businesses who is required to work on a public vacation that falls on their normal working day but fails to do so, with sensible cause, is entitled to:

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

- public holiday spend for the holiday.


The company chooses which option will apply.

A staff member in any of these businesses who is needed to work on a public holiday that falls on their regular working day however who stops working, 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 vacation with public holiday pay;.
or.

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


The employer picks which alternative will use.

A staff member in any of these companies who is needed to work on a public holiday that falls on their regular working day but who stops working, without affordable cause, to work part or all of the public holiday is only entitled to receive premium spend for each hour worked on the vacation (if any). The staff member has no right to public vacation pay or a substitute day of rest work.

Overtime computations when a worker gets exceptional pay

Any hours dealt with a public holiday that are compensated with exceptional pay are not included when figuring out whether a worker has 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 vacation pay that they have made. In this case, the company should pay the employee's public vacation pay at the same time it pays the staff member's final earnings. This is so regardless of the reason the job pertained to an end, employment whether it is since the employee quit, was fired for great factor, or for some other reason.