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

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

- public holiday pay plus premium pay for all hours worked on the general public vacation and not get another day off (called a "alternative" holiday);. or.
- be paid their routine wages for all hours dealt with the general public holiday and receive another alternative holiday for which they should be paid public vacation pay.
Some employees may be required to work on a public holiday. (See "Special guidelines for particular industries" later on in this Chapter.) While many employees are eligible for the public vacation privilege, some employees work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To figure out whether a task is covered, or if special guidelines use, please describe the Guide to employment requirements unique rules and exemptions.

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

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

Regular earnings does not consist of any overtime pay, trip pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of assignment pay payable to an employee.

While some employers provide their employees a holiday on Easter Sunday, Easter Monday, the first Monday in August, or Remembrance Day, employment the company is not needed to do so under the ESA.

Performing both covered and exempt work

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

If a staff member performs both type of work, exempt and covered, they are eligible for the general public holiday privilege with respect to a specific public holiday if at least half of the work carried out in the work week of the public holiday is work that is covered.

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

Qualifying for public vacation entitlements

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

- fail without affordable cause to work all of their last regularly set up day of work before the public vacation or all of their very first routinely arranged day of work after the general public vacation (this is called the "Last and First Rule");. or.
- stop working without sensible cause to work their entire shift on the general public vacation if they concurred to or were required to work that day.
Note: Most employees who fail to get approved for the public vacation entitlement are still entitled to be paid exceptional pay for every hour they deal with the vacation.

Qualified staff members can be complete time, part time, long-term or on term contract. It does not matter how just recently they were worked with, or how lots of days they worked before the public holiday.

The "last and first guideline"

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

For example, a staff member may not be scheduled to work the day right before or employment after the holiday. As long as the staff member works all of their last routinely arranged shift before the holiday and all of the very first one after it, or has affordable cause for not working either of those days, they fulfill this qualifying requirement.

Reasonable cause

A worker is typically considered to have "reasonable cause" for missing out on work when something beyond their control avoids the employee from working. Employees are responsible for showing that they had reasonable cause for remaining away from work. If they can do so, they still get approved for public vacation entitlements.

How the last and first guideline works

Rosie's routine work week ranges from Monday to Thursday. A public vacation falls on a Monday, and Rosie's work environment closes down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the holiday, or has reasonable cause for stopping working to work either of those days, she certifies to be spent for the holiday.

Example: When a worker takes a day off

A public holiday falls on a Monday, and Lev's office closes down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his company for authorization to take off the Thursday before the public holiday since he has an individual visit. His employer agrees. Lev's last routinely arranged work day before the vacation is now thought about to be on the Wednesday.

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

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris's office is closed for the vacation. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public vacation. The employer concurs. Doris's routinely arranged shift on the Thursday before the 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 sensible cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a worker is on trip

Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last routinely scheduled shift before his getaway and first routinely scheduled 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 an employee is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last regularly set up day of work before her leave, and her very first regularly scheduled 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 affordable cause

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

Public holiday pay

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

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

The amount of trip pay payable to consist of in the estimation of public holiday pay depends upon whether the worker is on getaway at any time throughout the four work weeks prior to the public vacation, and the manner in which the employee is to be paid vacation pay. Please refer to the Vacation chapter for info on the different ways getaway pay can be paid.

Vacation pay payable

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

If the employee is to be paid getaway pay with every pay cheque the amount of holiday pay to consist of in the calculation of public vacation pay will be at least 4 per cent of all of the worker's incomes made during the four work week period. (Note that if a worker earns a higher percentage of trip pay, such as six per cent of salaries, then the "getaway pay payable" will be based on that greater portion.)

If a worker is to receive their trip pay in a swelling amount on a particular date or dates, vacation pay will be included in the computation of public holiday pay only if that date or dates falls during the relevant 4 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 employer's work week and is not always a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that an employer's work week runs from Thursday to Wednesday. In this case, the four work weeks used to compute public vacation pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the employer's work week) before the work week in which the general public holiday falls.

- Week 1: Thursday, November 22 - Wednesday, November 28
- Week 2: Thursday, November 29 - Wednesday, December 5
- Week 3: Thursday, December 6 - Wednesday, December 12
- Week 4: Thursday, December 13 - Wednesday, December 19
Public vacation: Tuesday, December 25

In this example, the routine earnings earned 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 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 set up work day before the general public vacation and her very first frequently set up day after the vacation. She receives her getaway pay when her getaway is taken. She was not on holiday throughout the four work weeks leading up to the public holiday.

1. Calculate Iryna's overall routine wages earned: $ 120 per day X 5 days = $600 per week $ 600 each week X 4 work weeks = $2,400. Iryna earned $2,400 of routine salaries in the 4 work weeks before the general public holiday.
2. Calculate the quantity of holiday pay payable with respect to the 4 work week period:. Iryna gets her vacation pay when she takes her trip. Because she was not on vacation during the four work week period, the amount of holiday pay payable with regard to the 4 work weeks before the general 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 earns $160 a day. He was on vacation for 2 of the four weeks before the general public vacation. He gets trip pay before he takes his vacation. He is paid $1,600 vacation pay for his 2 weeks of holiday. Brock worked his last regularly scheduled work day before the general public vacation and his very first frequently scheduled work day after the vacation.

1. Calculate Brock's total routine salaries made:. Brock worked 10 days. $ 160 per day X 10 days = $1,600.
2. Calculate the amount of vacation pay:. Brock was on vacation for two of the 4 work weeks prior to the work week with the general public holiday, and is paid trip pay before he takes his vacation. The amount of holiday pay payable with regard to the 4 work weeks prior to the work week with the general public vacation = $1,600.
3. Add together his total wages made and holiday payable and divide the amount by 20:. $ 1,600 + $1,600 = $3,200. $ 3,200 ÷ 20 = $160.
Result: Brock is entitled to $160 public vacation pay.

Example: When an employee 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 regularly arranged work day before the general public vacation and her very first routinely arranged day after the holiday. She and her company have concurred in writing that she will receive four percent vacation pay on each paycheque.

1. Calculate Tegan's regular salaries earned:. $ 120 daily X 3 days = $360 per 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 weekly. $ 14.40 per week X 4 weeks = $57.60.
3. Add together her routine wages 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 holiday pay.

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

Bertie does not work a set number of hours daily or days each week. Her pay differs from week to week, according to the time she has worked. She and her employer have concurred in composing that she will receive 4 percent getaway pay on each pay cheque.

1. Bertie's routine salaries made during the 4 work weeks before the holiday are $1,500.
2. Calculate her vacation pay payable:. $ 1,500 X 4% = $60.
3. Total her regular wages made 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 vacation pay.

Example: When a staff member is on a leave

Zoe typically works five days a week, earning $120 a day. She receives trip pay before she goes on holiday. 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 wages or holiday pay. She got maternity and adult take advantage of the federal Employment Insurance program, however these benefits are ruled out "earnings."

Zoe is entitled to receive public holiday spend for the public vacations that fall during her leave as long as she works her last frequently scheduled day before her leave and her very first routinely arranged day after her leave, or has affordable cause for failing to do so.

Zoe went on leave on June 10 and only worked 7 days throughout the four work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is:

- Regular wages made: $120 a day X 7 days = $840.
- Vacation pay payable: $0 (she was not on vacation during the four work week duration).
- Public pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public holiday spend for the remainder of the public vacations that fall throughout her leave will be $0. This is because she will not have actually made any earnings or vacation pay on any of the days during the four work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene normally works 5 days a week, making $100 a day. He was placed on short-term layoff on November 15. During his layoff, Eugene was not paid earnings or trip pay. He got work insurance coverage advantages throughout this time, however these advantages are ruled out "incomes."

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

However, due to the fact that Eugene did not make any earnings or getaway pay in the four work weeks before those 2 public holidays, the quantity of public holiday pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times an employee's regular rate of pay. If a staff member is entitled to get superior spend for deal with a public vacation, they need to be paid 1 1/2 times their routine rate of pay for each hour worked.

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

Substitute holiday

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

An alternative vacation should be set up for a day that is no later on than three months after the public holiday for which it was earned, or, if the worker has actually agreed digitally or in composing, the alternative day of rest can be scheduled approximately 12 months after the public vacation.

If an employee gets a replacement vacation, the company needs to supply the employee with a composed declaration that sets out the general public holiday that is being substituted, the date of the alternative vacation, and the date that the declaration was offered to the staff member. This declaration should be supplied to the worker before the public vacation.

Entitlements for public vacations

Entitlements for public vacations differ depending on such things as whether the vacation falls on a working day or a non-working day and whether the worker deals with the vacation. The different entitlements are set out below.

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

Most workers can get the general public vacation off and earn money public holiday pay. (Some employees might be needed to work on a public holiday. See "Special guidelines for specific markets" later on in this chapter.)

When a public holiday falls on a worker's non-working day or throughout 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 employee's holiday, the worker is entitled to either:

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

Most workers deserve to get the public holiday off and make money public vacation pay. However, if an employee agrees digitally or in composing to work on the public holiday, there are two options:

- the worker is entitled to receive routine earnings for all hours worked on the public vacation, plus an alternative day of rest deal with public holiday pay;. or.
- if the worker agrees digitally or in writing, they are entitled to public vacation pay for the public vacation plus premium spend for all hours dealt with the general public vacation. In this case, the employee will not be provided an alternative day off.
Example: Calculating public holiday pay plus premium pay

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

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

Step 1: employment determine public vacation pay:

1. Calculate John-Duncan's total regular earnings earned in the four work weeks before the public holiday: 8 hours each day X $20 per hour = $160 daily $ 160 per day 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 respect to the 4 work week period:. John-Duncan receives his trip pay when he takes his holiday. Because he was not on holiday during the four work week duration, the quantity of trip pay payable with regard to the four work weeks before the public vacation = $0.
3. Add together his total incomes earned and getaway pay and divide the amount by 20:. $ 3,200 + $0 = $3,200. $ 3,200 ÷ 20 = $160.
John-Duncan's public vacation pay privilege is $160.

Step 2: calculate premium pay

Finally, the premium pay owing to John-Duncan for his deal with the public holiday 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 privilege is $240.

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

When a worker accepts deal with a public holiday but stops working to do so

If an employee has concurred digitally or in composing to deal with the public holiday however does refrain from doing so - and does not have reasonable cause for not having actually done so - the staff member has no right to public holiday pay or to an alternative day of rest with pay.

However, if the worker has sensible cause for not working the general public vacation, then privileges will depend on which of the two choices below the employee picked in exchange for concurring to deal with the general public holiday:

- if the employee had agreed digitally or in composing to deal with the general public holiday for regular incomes plus an alternative day off with public holiday pay, the staff member is entitled to an alternative day off deal with public vacation pay;. or.
- if the employee had actually concurred digitally or in composing to work on the public vacation for public holiday pay plus premium spend for each hour worked, they are entitled to be paid public vacation pay for the holiday. The worker is not entitled to get any superior pay due to the fact that they did not perform any deal with the holiday.
When a staff member works only some of the hours they concurred to deal with a public vacation

If a worker has actually concurred digitally or in composing to work on the general public holiday however works only some of the hours they agreed to work, and does not have sensible cause for stopping working to work all of the hours, the staff member is only entitled to get premium pay for each hour dealt with the vacation. The worker has no right to public vacation pay or a substitute day of rest work.

Example: A normal case

Trudi had concurred in composing that she would work 8 hours on Canada Day however she just worked four hours and did not have sensible cause for failing to work the other four hours. Trudi is entitled just to premium pay for the four hours she dealt with the vacation. She is not entitled to public holiday pay or to an alternative day off work.

However, if the employee has sensible cause for working only a few of the hours they concurred to work on the general public vacation, then:

- the worker is entitled to their regular rate for all the hours worked plus an alternative day of rest deal with public vacation pay;. or.
- if the staff member had agreed digitally or in composing 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 pay plus premium pay for every hour dealt with the vacation.
Special rules for particular markets

Special guidelines apply to employees who work in the following types of services:

- hotels, motels and tourist resorts;.
- restaurants and taverns;.
- healthcare facilities and retirement home;.
- constant 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 casino if the video games tables are open all the time).
A staff member who works in any of these services can be needed to work on a public vacation without their contract, however just if the vacation falls on a day that the worker would typically work and the staff member is not on holiday.

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

- their routine rate for the hours dealt with the general public vacation, plus an alternative day off deal with public holiday pay;. or.
- public holiday pay plus premium spend for each hour worked.
The employer picks which of these alternatives will apply.

Note that the company's ability to require staff members to work on a public holiday goes through the worker's right to take a day of rest for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the employee's employment agreement. Note also that specific retail employees who work in continuous operations (for instance, a 24-hour benefit shop) have the right to decline to work on a public holiday since of the special rules that use to some retail workers. See the "Retail employees" chapter of this guide to find out more.

An employee in the formerly listed services who is needed to work on a public vacation that falls on their normal working day but fails to do so, with affordable cause, is entitled to:

- an alternative vacation with public vacation pay;. or.
- public vacation pay for the vacation.
The company picks which alternative will use.

An employee in any of these businesses who is needed to deal with a public holiday that falls on their regular working day however who fails, with affordable cause, to work some of the hours they were needed to work on the vacation is entitled to either:

- their routine rate for each hour dealt with the holiday plus a substitute holiday with public holiday pay;. or.
- public vacation spend for the holiday plus premium pay for each hour worked.
The employer chooses which choice will apply.

A staff member in any of these businesses who is required to deal with a public holiday that falls on their common working day but who fails, without sensible cause, to work part or all of the public vacation is only entitled to get superior pay for each hour worked on the vacation (if any). The worker has no right to public vacation pay or a substitute day of rest work.

Overtime calculations when a worker gets superior pay

Any hours worked on 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 employee can take a substitute vacation with public vacation pay that they have actually earned. In this case, the employer needs to pay the employee's public holiday pay at the exact same time it pays the staff member's last salaries. This is so no matter the factor the job concerned an end, whether it is because the employee gave up, was fired for great factor, or for some other reason.