Qualified Employees can Be Full Time (#11) · Issues · Ada Villegas / bewerbermaschine

Qualified Employees can Be Full Time

Most staff members who qualify 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 holiday and be paid:

- public vacation pay plus premium pay for all hours dealt with the general public vacation and not get another day of rest (called a "replacement" vacation);. or.
- be paid their routine earnings for all hours dealt with the public vacation and get another alternative holiday for which they should be paid public holiday pay.
Some staff members might be needed to deal with a public vacation. (See "Special rules for particular industries" later on in this Chapter.) While a lot of staff members are qualified for the general public vacation entitlement, some staff members work in jobs that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To figure out whether a task is covered, or if special rules use, please describe the Guide to work requirements special guidelines and exemptions.

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

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 project pay payable to a staff member.

While some employers provide their employees a holiday on Easter Sunday, Easter Monday, the 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 employees carry out more than one type of work for an employer. A few of this work may be covered by the public holiday part of the ESA, while another sort of work may 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 entitlement with respect to a specific public vacation if a minimum of 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 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, 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 holiday privilege for Canada Day.

Getting approved for public vacation privileges

Generally, employees receive the general public holiday privilege unless they:

- fail without reasonable cause to work all of their last routinely arranged day of work before the public holiday or all of their first frequently arranged 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 vacation if they accepted or were needed to work that day.
Note: Most staff members who fail to get approved for the general public holiday privilege are still entitled to be paid superior pay for every hour they work on the holiday.

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

The "last and very first rule"

The "last frequently scheduled day of work before the public holiday" and the "very first regularly scheduled day of work after the general public holiday" do not need to be the days right previously and right after the vacation.

For example, a staff member may not be scheduled 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 vacation and all of the very first one after it, or has sensible cause for not working either of those days, they meet this certifying criterion.

Reasonable cause

An employee is typically 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 showing that they had affordable cause for keeping away from work. If they can do so, they still get approved for public holiday entitlements.

How the last and first rule works

Rosie's routine work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie's work environment 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 stopping working to work either of those days, she qualifies to be paid for the vacation.

Example: When a staff member takes a day off

A public vacation falls on a Monday, and Lev's work environment shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his company for authorization to take off the Thursday before the public vacation since he has a personal visit. His employer concurs. Lev's last regularly arranged work day before the holiday 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 holiday, or has sensible cause for not working either of those days, he certifies for the paid public holiday.

Example: When a worker leaves early

A public vacation 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 wishes to leave at 3 p.m. on the Thursday before the general public holiday. The employer agrees. Doris's routinely arranged shift on the Thursday before the general public holiday 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 reasonable cause for employment failing to do so, she is entitled to the paid public holiday.

Example: When a staff member is on vacation

Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly scheduled shift before his vacation and first routinely arranged shift after his vacation - on June 24 and July 10 - or has reasonable 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 holiday occurs. If Lydia works her last routinely set up day of work before her leave, and her first routinely arranged day of work after her leave, or has affordable cause for failing 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 work environment is closed for the holiday. Ellen does not work on her last scheduled day before the holiday, and she does not have sensible cause for missing that day. She gets no spend for the vacation.

Public holiday pay

The quantity of public holiday pay to which an employee is entitled is all of the routine salaries earned by the employee in the four work weeks before the work week with the public holiday plus all of the vacation pay payable to the employee with regard to the 4 work weeks before the work week with the public vacation, divided by 20.

When to consist of trip pay in the calculation of public vacation pay

The quantity of holiday pay payable to consist of in the calculation of public vacation pay depends upon whether the staff member is on vacation at any time throughout the four work weeks prior to the general public holiday, and the manner in which the staff member is to be paid trip pay. Please refer to the Vacation chapter for info on the different methods holiday pay can be paid.

Vacation pay payable

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

If the staff member is to be paid vacation pay with every pay cheque the quantity of holiday pay to include in the computation of public vacation pay will be at least 4 per cent of all of the staff member's incomes earned throughout the four work week duration. (Note that if an employee earns a higher percentage of vacation pay, such as six per cent of salaries, then the "trip pay payable" will be based on that greater portion.)

If a worker is to get their vacation pay in a swelling sum on a specific date or dates, getaway pay will be included in the computation of public vacation pay just if that date or dates falls during the pertinent 4 work week period.

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

The 4 weeks before the general public holiday is based upon the company's work week and is not necessarily 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 compute public vacation pay are those four weeks counting backwards from the first Wednesday (the last day of the company's work week) before the work week in which the 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 holiday: Tuesday, December 25

In this example, the regular wages made by the staff member and the trip pay payable to the staff member with regard to the 4 work weeks from November 22 to December 19 are utilized in the calculation of public holiday pay.

Calculating public holiday pay

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

1. Calculate Iryna's overall regular incomes made: $ 120 daily X 5 days = $600 per week $ 600 per week X 4 work weeks = $2,400. Iryna earned $2,400 of regular incomes in the four work weeks before the public vacation.
2. Calculate the amount of trip pay payable with regard to the four work week period:. Iryna receives her vacation pay when she takes her getaway. Because she was not on trip during the 4 work week duration, the quantity of vacation pay payable with regard to the four work weeks before the general public vacation = $0.
3. Combine her overall 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 vacation time is involved

Brock works five days a week and earns $160 a day. He was on trip for 2 of the 4 weeks before the public vacation. He gets trip pay before he takes his vacation. He is paid $1,600 trip pay for his 2 weeks of getaway. Brock worked his last routinely set up work day before the public vacation and employment his first regularly arranged work day after the vacation.

1. Calculate Brock's total regular incomes made:. Brock worked 10 days. $ 160 each day X 10 days = $1,600.
2. Calculate the amount of getaway pay:. Brock was on holiday for 2 of the four work weeks prior to the work week with the general public holiday, and is paid holiday pay before he takes his trip. The amount of vacation pay payable with regard to the four work weeks prior to the work week with the general public vacation = $1,600.
3. Total his total wages made 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 staff member works part-time and each pay cheque consists of getaway pay

Tegan works 3 days a week and makes $120 a day. She worked her last routinely arranged work day before the public holiday and her first routinely arranged day after the vacation. She and her employer have agreed in writing that she will get four percent trip pay on each paycheque.

1. Calculate Tegan's regular wages made:. $ 120 per day X 3 days = $360 each week. $ 360 each week X 4 weeks = $1,440.
2. Calculate her vacation pay payable:. $ 4.80 daily (4% of $120) X 3 days = $14.40 each week. $ 14.40 per week X 4 weeks = $57.60.
3. Combine her regular salaries earned and vacation pay payable and divide the amount by 20:. $ 1,440 + $57.60 = $1,497.60. $ 1,497.60 ÷ 20 = $74.88.
Result: Tegan is entitled to $74.88 public holiday pay.

Example: When there are no set hours and each pay cheque includes holiday pay

Bertie does not work a set variety 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 concurred in writing that she will get 4 per cent getaway pay on each pay cheque.

1. Bertie's regular wages earned throughout the 4 work weeks before the holiday are $1,500.
2. Calculate her vacation pay payable:. $ 1,500 X 4% = $60.
3. Total her routine salaries earned and getaway 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 an employee is on a leave

Zoe typically works 5 days a week, earning $120 a day. She gets trip pay before she goes on trip. 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 salaries or trip pay. She received maternity and adult take advantage of the federal Employment Insurance program, but these advantages are not considered "earnings."

Zoe is entitled to get public holiday pay for the general public holidays that fall throughout her leave as long as she works her last regularly arranged day before her leave and her very first routinely set up day after her leave, or has reasonable cause for failing to do so.

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

- Regular salaries made: $120 a day X 7 days = $840.
- Vacation pay payable: $0 (she was not on vacation throughout the four work week duration).
- Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public vacation pay for the rest of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have earned any incomes or holiday 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, making $100 a day. He was positioned on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or trip pay. He got employment insurance benefits during this time, however these advantages are ruled out "earnings."

Eugene was remembered to work on December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last frequently set up day before the layoff and his first frequently arranged day after the layoff, or has sensible cause for failing to do so.

However, because Eugene did not earn any wages or holiday pay in the 4 work weeks before those two public holidays, the quantity 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 worker is entitled to receive superior spend for deal with a public vacation, they should be paid 1 1/2 times their regular rate of spend for each hour worked.

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

Substitute vacation

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

An alternative holiday should be set up for a day that is no later on than 3 months after the general public holiday for which it was made, or, if the employee has concurred electronically or in writing, the alternative day off can be arranged as much as 12 months after the general public vacation.

If a worker gets a substitute holiday, the employer must offer the staff member with a composed statement that sets out the general public vacation that is being replaced, the date of the replacement vacation, and the date that the declaration was offered to the staff member. This declaration should be provided to the employee before the general public vacation.

Entitlements for public holidays

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

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

Most staff members deserve to get the general public holiday off and earn money public vacation pay. (Some workers may be required to deal with a public vacation. See "Special guidelines for specific industries" later in this chapter.)

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

When a public vacation falls on a day that is not normally a working day for an employee, or during the staff member's vacation, the staff member is entitled to either:

- a substitute vacation off with public vacation pay;. or.
- public pay for the general public holiday, if the employee accepts this digitally or in composing (in this case, the employee will not be given an alternative day of rest).
When an employee who gets approved for the day off has actually concurred electronically or in composing to work on a public holiday

Most employees can get the public holiday off and earn money public vacation pay. However, if an employee agrees electronically or in writing to work on the public vacation, there are two choices:

- the worker is entitled to receive regular wages for all hours dealt with the general public vacation, plus an alternative day off work with public vacation pay;. or.
- if the staff member agrees digitally or in writing, they are entitled to public holiday pay for the public holiday plus premium spend for all hours dealt with the general public vacation. In this case, the worker will not be given a substitute day off.
Example: Calculating public vacation pay plus premium pay

A public vacation falls on one of John-Duncan's regular working days. He and his company have actually concurred digitally or in writing that he will work on the public holiday which, instead of getting a substitute holiday, he will be paid public vacation pay plus premium pay for all the hours he works on the vacation.

John-Duncan routinely works 8 hours a day, 5 days a week. His regular hourly pay rate is $20. He has actually dealt with all his scheduled work days in the 4 work weeks before the general public holiday. He works 8 hours on the public vacation. He receives his holiday pay when his vacation is taken. He was not on trip throughout the 4 work weeks leading up to the general public holiday

Step 1: calculate public vacation pay:

1. Calculate John-Duncan's overall regular salaries earned in the four work weeks before the public vacation: 8 hours each day X $20 per hour = $160 per day $ 160 daily X 5 days = $800 per 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 trip pay payable with regard to the 4 work week period:. John-Duncan receives his vacation pay when he takes his getaway. Because he was not on trip during the 4 work week duration, the amount of trip pay payable with respect to the 4 work weeks before the general public holiday = $0.
3. Total his total salaries earned 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 premium pay

Finally, the premium pay owing to John-Duncan for his work on the public holiday 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 entitlement is $240.

Result: John-Duncan is entitled to public vacation pay of $160 and premium pay of $240, for a total of $400.

When an employee concurs to work on a public vacation but fails to do so

If a worker has concurred electronically or in writing to work on the public holiday however does not do so - and does not have reasonable cause for not having done so - the employee has no right to public vacation pay or to a substitute day of rest with pay.

However, if the staff member has reasonable cause for not working the general public vacation, then privileges will depend upon which of the two alternatives listed below the worker picked in exchange for consenting to deal with the general public holiday:

- if the worker had actually agreed digitally or in composing to work on the general public holiday for regular earnings plus an alternative day of rest with public vacation pay, the worker is entitled to an alternative day of rest deal with public holiday pay;. or.
- if the employee had actually concurred electronically or in composing to deal with the public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay for the vacation. The staff member is not entitled to receive any superior pay because they did not carry out any deal with the vacation.
When a worker works just some of the hours they consented to deal with a public vacation

If an employee has concurred digitally or in composing to work on the public vacation but works only some of the hours they agreed to work, and does not have affordable cause for stopping working to work all of the hours, the worker is just entitled to get premium pay for each hour dealt with the holiday. The employee has no right to public vacation pay or a substitute day off work.

Example: A common case

Trudi had agreed in writing that she would work eight hours on Canada Day however she only worked 4 hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled only to premium pay for the 4 hours she dealt with the holiday. She is not entitled to public vacation pay or to an alternative day off work.

However, if the worker has reasonable cause for working just a few of the hours they accepted deal with the public holiday, then:

- the worker 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 employee 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 vacation.
Special guidelines for specific markets

Special guidelines apply to employees who work in the following kinds of organizations:

- hotels, motels and tourist resorts;.
- dining establishments and pubs;.
- medical facilities and nursing homes;.
- continuous 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 casino if the video games tables are open all the time).
A worker who works in any of these businesses can be required to work on a public vacation without their contract, however only if the holiday falls on a day that the staff member would generally work and the employee is not on trip.

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

- their regular rate for the hours dealt with the public vacation, plus an alternative day of rest work with public vacation pay;. or.
- public holiday pay plus premium pay for each hour worked.
The employer picks which of these choices will apply.

Note that the company's ability to require employees to deal with a public vacation undergoes the worker's right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the employee's employment agreement. Note also that certain retail workers who work in continuous operations (for example, a 24-hour benefit shop) can decline to work on a public vacation since of the unique rules that use to some retail workers. See the "Retail employees" chapter of this guide for additional information.

An employee in the previously noted organizations who is needed to work on a public holiday that falls on their normal working day however stops working to do so, with sensible cause, is entitled to:

- a replacement vacation with public holiday pay;. or.
- public holiday pay for the vacation.
The company chooses which choice will use.

A staff member in any of these organizations who is required to deal with a public vacation that falls on their common working day but who stops working, with reasonable cause, to work some of the hours they were required 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 holiday pay for the vacation plus premium spend for each hour worked.
The company selects which alternative will use.

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

Overtime estimations when a staff member receives superior pay

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

If employment ends

Sometimes an employee's job pertains to an end before the staff member can take a substitute holiday with public vacation pay that they have earned. In this case, the company should pay the staff member's public holiday pay at the same time it pays the employee's last incomes. This is so despite the reason the task came to an end, whether it is due to the fact that the staff member quit, was fired for excellent reason, or for some other reason.

Most staff members who qualify 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 holiday and be paid: 
 - public vacation pay plus premium pay for all hours dealt with the general public vacation and not get another day of rest (called a "replacement" vacation);.
or.
 - be paid their routine earnings for all hours dealt with the public vacation and get another alternative holiday for which they should be paid public holiday pay.
 
Some staff members might be needed to deal with a public vacation. (See "Special rules for particular industries" later on in this Chapter.) While a lot of staff members are qualified for the general public vacation entitlement, some staff members work in [jobs](http://hertfordshirewomenshealth.co.uk) that are not covered by the public holiday provisions of the Employment Standards Act (ESA). To figure out whether a task is covered, or if special rules use, please describe the Guide to work requirements special guidelines and exemptions. 
 Use the Employment Standards Self-Service Tool to check compliance with public holidays and other employment standards entitlements. 
 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 project pay payable to a staff member. 
 While some employers provide their employees a holiday on Easter Sunday, Easter Monday, the 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 employees carry out more than one type of work for an employer. A few of this work may be covered by the public holiday part of the ESA, while another sort of work may 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 entitlement with respect to a specific public vacation if a minimum of 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 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, 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 holiday privilege for Canada Day. 
 Getting approved for public vacation privileges 
 Generally, employees receive the general public holiday privilege unless they: 
 - fail without reasonable cause to work all of their last routinely arranged day of work before the public holiday or all of their first frequently arranged 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 vacation if they accepted or were needed to work that day.
 
Note: Most staff members who fail to get approved for the general public holiday privilege are still entitled to be paid superior pay for every hour they work on the holiday. 
 Qualified employees can be full-time, part time, irreversible or on term contract. It does not matter how just recently they were worked with, or the number of days they worked before the general public vacation. 
 The "last and very first rule" 
 The "last frequently scheduled day of work before the public holiday" and the "very first regularly scheduled day of work after the general public holiday" do not need to be the days right previously and right after the vacation. 
 For example, a staff member may not be scheduled 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 vacation and all of the very first one after it, or has sensible cause for not working either of those days, they meet this certifying criterion. 
 Reasonable cause 
 An employee is typically 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 showing that they had affordable cause for keeping away from work. If they can do so, they still get approved for public holiday entitlements. 
 How the last and first rule works 
 Rosie's routine work week runs from Monday to Thursday. A public vacation falls on a Monday, and Rosie's work environment 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 stopping working to work either of those days, she qualifies to be paid for the vacation. 
 Example: When a staff member takes a day off 
 A public vacation falls on a Monday, and Lev's work environment shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his company for authorization to take off the Thursday before the public vacation since he has a personal visit. His employer concurs. Lev's last regularly arranged work day before the holiday 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 holiday, or has sensible cause for not working either of those days, he certifies for the paid public holiday. 
 Example: When a worker leaves early 
 A public vacation 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 wishes to leave at 3 p.m. on the Thursday before the general public holiday. The employer agrees. Doris's routinely arranged shift on the Thursday before the general [public holiday](https://blatini.com) 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 reasonable cause for [employment](https://wiki.team-glisto.com/index.php?title=Benutzer:WalkerCothran14) failing to do so, she is entitled to the paid public holiday. 
 Example: When a staff member is on vacation 
 Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last regularly scheduled shift before his vacation and first routinely arranged shift after his vacation - on June 24 and July 10 - or has reasonable 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 holiday occurs. If Lydia works her last routinely set up day of work before her leave, and her first routinely arranged day of work after her leave, or has affordable cause for failing 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 work environment is closed for the holiday. Ellen does not work on her last scheduled day before the holiday, and she does not have sensible cause for missing that day. She gets no spend for the vacation. 
 Public holiday pay 
 The quantity of public holiday pay to which an employee is entitled is all of the routine salaries earned by the employee in the four work weeks before the work week with the public holiday plus all of the vacation pay payable to the employee with regard to the 4 work weeks before the work week with the public vacation, divided by 20. 
 When to consist of trip pay in the calculation of public vacation pay 
 The quantity of holiday pay payable to consist of in the calculation of public vacation pay depends upon whether the staff member is on vacation at any time throughout the four work weeks prior to the general public holiday, and the manner in which the staff member is to be paid trip pay. Please refer to the Vacation chapter for info on the different methods holiday pay can be paid. 
 Vacation pay payable 
 If the employee is to be paid their trip pay before they take a vacation or on or before the pay day for the period in which the holiday falls, vacation pay will be consisted of in the calculation of public vacation pay if the staff member was on vacation throughout that four work week duration. If the employee was not on holiday during that period, no getaway pay will be included in the computation. 
 If the staff member is to be paid vacation pay with every pay cheque the quantity of holiday pay to include in the computation of public vacation pay will be at least 4 per cent of all of the staff member's incomes earned throughout the four work week duration. (Note that if an employee earns a higher percentage of vacation pay, such as six per cent of salaries, then the "trip pay payable" will be based on that greater portion.) 
 If a worker is to get their vacation pay in a swelling sum on a specific date or dates, getaway pay will be included in the computation of public vacation pay just if that date or dates falls during the pertinent 4 work week period. 
 Calculating the 4 work week duration before the work week with a public holiday 
 The 4 weeks before the general public holiday is based upon the company's work week and is not necessarily 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 compute public vacation pay are those four weeks counting backwards from the first Wednesday (the last day of the company's work week) before the work week in which the 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 holiday: Tuesday, December 25 
 In this example, the regular wages made by the staff member and the trip pay payable to the staff member with regard to the 4 work weeks from November 22 to December 19 are utilized in the calculation of public holiday pay. 
 Calculating public holiday pay 
 Iryna works five days a week and earns $120 a day. She worked her last frequently set up work day before the public vacation and her first routinely arranged day after the vacation. She receives her holiday pay when her holiday is taken. She was not on holiday throughout the four work weeks leading up to the public holiday. 
 1. Calculate Iryna's overall regular incomes made:
$ 120 daily X 5 days = $600 per week
$ 600 per week X 4 work weeks = $2,400.
Iryna earned $2,400 of regular incomes in the four work weeks before the public vacation.
 2. Calculate the amount of trip pay payable with regard to the four work week period:.
Iryna receives her vacation pay when she takes her getaway. Because she was not on trip during the 4 work week duration, the quantity of vacation pay payable with regard to the four work weeks before the general public vacation = $0.
 3. Combine her overall 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 vacation time is involved 
 Brock works five days a week and earns $160 a day. He was on trip for 2 of the 4 weeks before the public vacation. He gets trip pay before he takes his vacation. He is paid $1,600 trip pay for his 2 weeks of getaway. Brock worked his last routinely set up work day before the public vacation and [employment](https://wiki.eqoarevival.com/index.php/User:MarciaDecosta0) his first regularly arranged work day after the vacation. 
 1. Calculate Brock's total regular incomes made:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.
 2. Calculate the amount of getaway pay:.
Brock was on holiday for 2 of the four work weeks prior to the work week with the general public holiday, and is paid holiday pay before he takes his trip. The amount of vacation pay payable with regard to the four work weeks prior to the work week with the general public vacation = $1,600.
 3. Total his total wages made 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 staff member works part-time and each pay cheque consists of getaway pay 
 Tegan works 3 days a week and makes $120 a day. She worked her last routinely arranged work day before the public holiday and her first routinely arranged day after the vacation. She and her employer have agreed in writing that she will get four percent trip pay on each paycheque. 
 1. Calculate Tegan's regular wages made:.
$ 120 per day X 3 days = $360 each week.
$ 360 each week X 4 weeks = $1,440.
 2. Calculate her vacation pay payable:.
$ 4.80 daily (4% of $120) X 3 days = $14.40 each week.
$ 14.40 per week X 4 weeks = $57.60.
 3. Combine her regular salaries earned and vacation pay payable and divide the amount by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.
 
Result: Tegan is entitled to $74.88 public holiday pay. 
 Example: When there are no set hours and each pay cheque includes holiday pay 
 Bertie does not work a set variety 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 concurred in writing that she will get 4 per cent getaway pay on each pay cheque. 
 1. Bertie's regular wages earned throughout the 4 work weeks before the holiday are $1,500.
 2. Calculate her vacation pay payable:.
$ 1,500 X 4% = $60.
 3. Total her routine salaries earned and getaway 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 an employee is on a leave 
 Zoe typically works 5 days a week, earning $120 a day. She gets trip pay before she goes on trip. 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 salaries or trip pay. She received maternity and adult take advantage of the federal Employment Insurance program, but these advantages are not considered "earnings." 
 Zoe is entitled to get public holiday pay for the general public holidays that fall throughout her leave as long as she works her last regularly arranged day before her leave and her very first routinely set up day after her leave, or has reasonable cause for failing to do so. 
 Zoe went on leave on June 10 and just worked seven days throughout the 4 work weeks before the Canada Day public holiday. Her public holiday spend for Canada Day is: 
 - Regular salaries made: $120 a day X 7 days = $840.
 - Vacation pay payable: $0 (she was not on vacation throughout the four work week duration).
 - Public holiday pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
 
Her public vacation pay for the rest of the public holidays that fall throughout her leave will be $0. This is due to the fact that she will not have earned any incomes or holiday 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, making $100 a day. He was positioned on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or trip pay. He got [employment](https://www.referall.us) insurance benefits during this time, however these advantages are ruled out "earnings." 
 Eugene was remembered to work on December 27. He is entitled to be paid public vacation pay for Christmas Day and Boxing Day as long as he works his last frequently set up day before the layoff and his first frequently arranged day after the layoff, or has sensible cause for failing to do so. 
 However, because Eugene did not earn any wages or holiday pay in the 4 work weeks before those two public holidays, the quantity 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 worker is entitled to receive superior spend for deal with a public vacation, they should be paid 1 1/2 times their regular rate of spend for each hour worked. 
 For example, Nathan's routine rate of pay is $20 an hour. This implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2). 
 Substitute vacation 
 A replacement holiday is another working day off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday spend for an alternative holiday. 
 An alternative holiday should be set up for a day that is no later on than 3 months after the general public holiday for which it was made, or, if the employee has concurred electronically or in writing, the alternative day off can be arranged as much as 12 months after the general public vacation. 
 If a worker gets a substitute holiday, the employer must offer the staff member with a composed statement that sets out the general public vacation that is being replaced, the date of the replacement vacation, and the date that the declaration was offered to the staff member. This declaration should be provided to the employee before the general public vacation. 
 Entitlements for public holidays 
 Entitlements for public holidays differ depending upon such things as whether the holiday falls on a working day or a non-working day and whether the staff member deals with the holiday. The different entitlements are set out below. 
 When a public holiday falls on a working day but the staff member does not work 
 Most staff members deserve to get the general public holiday off and earn money public vacation pay. (Some workers may be required to deal with a public vacation. See "Special guidelines for specific industries" later in this chapter.) 
 When a public holiday falls on an employee's non-working day or during a staff member's getaway 
 When a public vacation falls on a day that is not normally a working day for an employee, or during the staff member's vacation, the staff member is entitled to either: 
 - a substitute vacation off with public vacation pay;.
or.
 - public pay for the general public holiday, if the employee accepts this digitally or in composing (in this case, the employee will not be given an alternative day of rest).
 
When an employee who gets approved for the day off has actually concurred electronically or in composing to work on a public holiday 
 Most employees can get the public holiday off and earn money public vacation pay. However, if an employee agrees electronically or in writing to work on the public vacation, there are two choices: 
 - the worker is entitled to receive regular wages for all hours dealt with the general public vacation, plus an alternative day off work with public vacation pay;.
or.
 - if the staff member agrees digitally or in writing, they are entitled to public holiday pay for the public holiday plus premium spend for all hours dealt with the general public vacation. In this case, the worker will not be given a substitute day off.
 
Example: Calculating public vacation pay plus premium pay 
 A public vacation falls on one of John-Duncan's regular working days. He and his company have actually concurred digitally or in writing that he will work on the public holiday which, instead of getting a substitute holiday, he will be paid public vacation pay plus premium pay for all the hours he works on the vacation. 
 John-Duncan routinely works 8 hours a day, 5 days a week. His regular hourly pay rate is $20. He has actually dealt with all his scheduled work days in the 4 work weeks before the general public holiday. He works 8 hours on the public vacation. He receives his holiday pay when his vacation is taken. He was not on trip throughout the 4 work weeks leading up to the general public holiday 
 Step 1: calculate public vacation pay: 
 1. Calculate John-Duncan's overall regular salaries earned in the four work weeks before the public vacation:
8 hours each day X $20 per hour = $160 per day
$ 160 daily X 5 days = $800 per 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 trip pay payable with regard to the 4 work week period:.
John-Duncan receives his vacation pay when he takes his getaway. Because he was not on trip during the 4 work week duration, the amount of trip pay payable with respect to the 4 work weeks before the general public holiday = $0.
 3. Total his total salaries earned 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 premium pay 
 Finally, the premium pay owing to John-Duncan for his work on the public holiday 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 entitlement is $240. 
 Result: John-Duncan is entitled to public vacation pay of $160 and premium pay of $240, for a total of $400. 
 When an employee concurs to work on a public vacation but fails to do so 
 If a worker has concurred electronically or in writing to work on the public holiday however does not do so - and does not have reasonable cause for not having done so - the employee has no right to public vacation pay or to a substitute day of rest with pay. 
 However, if the staff member has reasonable cause for not working the general public vacation, then privileges will depend upon which of the two alternatives listed below the worker picked in exchange for consenting to deal with the general public holiday: 
 - if the worker had actually agreed digitally or in composing to work on the general public holiday for regular earnings plus an alternative day of rest with public vacation pay, the worker is entitled to an alternative day of rest deal with public holiday pay;.
or.
 - if the employee had actually concurred electronically or in composing to deal with the public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay for the vacation. The staff member is not entitled to receive any superior pay because they did not carry out any deal with the vacation.
 
When a worker works just some of the hours they consented to deal with a public vacation 
 If an employee has concurred digitally or in composing to work on the public vacation but works only some of the hours they agreed to work, and does not have affordable cause for stopping working to work all of the hours, the worker is just entitled to get premium pay for each hour dealt with the holiday. The employee has no right to public vacation pay or a substitute day off work. 
 Example: A common case 
 Trudi had agreed in writing that she would work eight hours on Canada Day however she only worked 4 hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled only to premium pay for the 4 hours she dealt with the holiday. She is not entitled to public vacation pay or to an alternative day off work. 
 However, if the worker has reasonable cause for working just a few of the hours they accepted deal with the public holiday, then: 
 - the worker 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 employee 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 vacation.
 
Special guidelines for specific markets 
 Special guidelines apply to employees who work in the following kinds of organizations: 
 - hotels, motels and tourist resorts;.
 - dining establishments and pubs;.
 - medical facilities and nursing homes;.
 - continuous 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 casino if the video games tables are open all the time).
 
A worker who works in any of these businesses can be required to work on a public vacation without their contract, however only if the holiday falls on a day that the staff member would generally work and the employee is not on trip. 
 If a staff member is required to work, they are entitled to either: 
 - their regular rate for the hours dealt with the public vacation, plus an alternative day of rest work with public vacation pay;.
or.
 - public holiday pay plus premium pay for each hour worked.
 
The employer picks which of these choices will apply. 
 Note that the company's ability to require employees to deal with a public vacation undergoes the worker's right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the employee's employment [agreement](https://blackcreateconnect.co.uk). Note also that certain retail workers who work in continuous operations (for example, a 24-hour benefit shop) can decline to work on a public vacation since of the unique rules that use to some retail workers. See the "Retail employees" chapter of this guide for additional information. 
 An employee in the previously noted organizations who is needed to work on a public holiday that falls on their normal working day however stops working to do so, with sensible cause, is entitled to: 
 - a replacement vacation with public holiday pay;.
or.
 - public holiday pay for the vacation.
 
The company chooses which choice will use. 
 A staff member in any of these organizations who is required to deal with a public vacation that falls on their common working day but who stops working, with reasonable cause, to work some of the hours they were required 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 holiday pay for the vacation plus premium spend for each hour worked.
 
The company selects which alternative will use. 
 A worker in any of these services who is needed to work on a public holiday that falls on their common working day but who stops working, without affordable cause, to work part or all of the public holiday is just entitled to receive superior spend for each hour worked on the vacation (if any). The staff member has no right to public holiday pay or an alternative day of rest work. 
 Overtime estimations when a staff member receives superior pay 
 Any hours worked on a public holiday that are compensated with premium pay are not consisted of when figuring out whether a worker has worked any overtime hours. 
 If employment ends 
 Sometimes an employee's [job](https://pakkjobs.live) pertains to an end before the staff member can take a substitute holiday with public vacation pay that they have earned. In this case, the company should pay the staff member's public holiday pay at the same time it pays the employee's last incomes. This is so despite the reason the task came to an end, whether it is due to the fact that the staff member quit, was fired for excellent reason, or for some other reason.