Qualified Employees can Be Full Time (#98) · Issues · Adela Carothers / mhealth-consulting

Qualified Employees can Be Full Time

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

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

- public vacation pay plus premium spend for all hours dealt with the general public holiday and not receive another day off (called a "alternative" vacation);. or.
- be paid their regular incomes for all hours dealt with the public vacation and receive another alternative holiday for which they must be paid public vacation pay.
Some workers may be required to deal with a public vacation. (See "Special rules for certain markets" later on in this Chapter.) While a lot of workers are eligible for the general public holiday privilege, some staff members operate in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To figure out whether a job is covered, or if unique rules apply, please refer to the Guide to work requirements unique rules and exemptions.

Use the Employment Standards Self-Service Tool to inspect compliance with public holidays and other work requirements privileges.

See "Public vacation pay" later in this chapter.

Regular wages does not include any overtime pay, holiday pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a worker.

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

Performing both covered and exempt work

Some workers 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 type of work might be exempt from public vacation coverage.

If a worker carries out both type of work, exempt and covered, they are qualified for the public holiday with regard to a specific public holiday if at least half of the work performed in the work week of the general public holiday is work that is covered.

Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, at least half of Rupert's work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is eligible for the general public holiday privilege for Canada Day.

Qualifying for public vacation privileges

Generally, employees certify for the public vacation entitlement unless they:

- fail without reasonable cause to work all of their last routinely arranged day of work before the public vacation or all of their first frequently arranged day of work after the general public vacation (this is called the "Last and First Rule");. or.
- stop working without affordable cause to work their whole shift on the public vacation if they accepted or were required to work that day.
Note: Most workers who fail to receive the public vacation privilege are still entitled to be paid premium spend for every hour they deal with the holiday.

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

The "last and first rule"

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 public holiday" do not need to be the days right before and right after the vacation.

For instance, a worker may not be set up to work the day right before or after the vacation. As long as the staff member works all of their last routinely scheduled shift before the holiday and all of the first one after it, or has reasonable cause for not working either of those days, they satisfy this qualifying requirement.

Reasonable cause

A worker is generally thought about to have "sensible cause" for missing out on work when something beyond their control prevents the worker from working. Employees are responsible for showing that they had sensible cause for keeping away from work. If they can do so, they still get approved for public holiday entitlements.

How the last and first guideline works

Rosie's regular 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 entire shift on the Thursday before the vacation and the Tuesday after the vacation, or has reasonable cause for stopping working to work either of those days, she certifies to be spent for the holiday.

Example: When a worker takes a day of rest

A public holiday falls on a Monday, and Lev's office closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for authorization to remove the Thursday before the public vacation because he has a personal consultation. His employer agrees. Lev's last regularly scheduled work day before the vacation is now thought about to be on the Wednesday.

If Lev works his whole Wednesday shift before the holiday and his whole Tuesday shift after the holiday, or has reasonable 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 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 agrees. Doris's regularly arranged shift on the Thursday before the general public vacation is now considered to be from 9 a.m. to 3 p.m.

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

Example: When an employee is on holiday

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

Example: When a worker is on a leave or layoff

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

Example: When there is no sensible cause

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

Public vacation pay

The quantity of public holiday pay to which a worker is entitled is all of the regular incomes made by the worker in the four work weeks before the work week with the general public holiday plus all of the holiday pay payable to the staff member with respect to the 4 work weeks before the work week with the public holiday, divided by 20.

When to consist of holiday pay in the estimation of public holiday pay

The quantity of holiday pay payable to include in the estimation of public holiday pay depends upon whether the employee is on getaway at any time throughout the four work weeks prior to the general public holiday, and the way in which the staff member is to be paid getaway pay. Please refer to the Vacation chapter for details on the different methods vacation pay can be paid.

Vacation pay payable

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

If the worker is to be paid getaway pay with every pay cheque the amount of trip pay to consist of in the computation of public holiday pay will be at least four per cent of all of the worker's earnings earned throughout the four work week period. (Note that if an employee makes a greater percentage of trip pay, such as six per cent of salaries, then the "trip pay payable" will be based upon that greater portion.)

If a staff member is to receive their getaway pay in a lump amount on a particular date or dates, trip pay will be included in the calculation of public holiday pay only if that date or dates falls during the relevant 4 work week duration.

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

The 4 weeks before the general public vacation is based on the employer's work week and is not necessarily a calendar week.

Example:

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

- Week 1: Thursday, November 22 - Wednesday, November 28
- Week 2: Thursday, job 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 wages earned by the staff member and the getaway pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

Calculating public vacation pay

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

1. Calculate Iryna's overall regular earnings made: $ 120 each day X 5 days = $600 weekly $ 600 weekly X 4 work weeks = $2,400. Iryna earned $2,400 of routine earnings in the four work weeks before the public vacation.
2. Calculate the amount of vacation pay payable with respect to the four work week duration:. Iryna gets her holiday pay when she takes her trip. Because she was not on getaway throughout the four work week duration, the amount of vacation pay payable with regard to the four work weeks before the public vacation = $0.
3. Add together her total incomes made and getaway pay payable and divide the sum by 20:. $ 2,400 + $0 = $2,400. $ 2,400 ÷ 20 = $120.
Result: Iryna is entitled to $120 public holiday pay.

Example: When vacation time is included

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

1. Calculate Brock's total routine earnings made:. Brock worked 10 days. $ 160 each day X 10 days = $1,600.
2. Calculate the amount of trip pay:. Brock was on getaway for two of the 4 work weeks prior to the work week with the general public vacation, and is paid vacation pay before he takes his vacation. The quantity of vacation pay payable with regard to the 4 work weeks prior to the work week with the public holiday = $1,600.
3. Total his total salaries 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 holiday pay.

Example: When an employee works part-time and each pay cheque includes trip pay

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

1. Calculate Tegan's regular salaries made:. $ 120 per day X 3 days = $360 per week. $ 360 each week X 4 weeks = $1,440.
2. Calculate her vacation pay payable:. $ 4.80 each day (4% of $120) X 3 days = $14.40 per week. $ 14.40 each week X 4 weeks = $57.60.
3. Add together her routine wages earned and trip 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 getaway pay

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

1. Bertie's routine wages made during the 4 work weeks before the holiday are $1,500.
2. Calculate her getaway pay payable:. $ 1,500 X 4% = $60.
3. Add together her regular earnings made and holiday pay payable and divide the sum 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 generally works five days a week, making $120 a day. She gets holiday pay before she goes on holiday. 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 incomes or vacation pay. She received maternity and parental take advantage of the federal Employment Insurance program, however these benefits are not considered "wages."

Zoe is entitled to receive public vacation pay for the general public holidays that fall during her leave as long as she works her last regularly scheduled day before her leave and her very first routinely scheduled day after her leave, or has sensible cause for failing to do so.

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

- Regular earnings made: $120 a day X 7 days = $840.
- Vacation pay payable: $0 (she was not on trip during the 4 work week period).
- Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
Her public vacation spend for the remainder of the public holidays that fall during her leave will be $0. This is since she will not have earned any earnings or vacation pay on any of the days throughout the four work weeks before each of those vacations.

Example: When an employee is on a layoff

Eugene usually works 5 days a week, making $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or getaway pay. He received employment insurance advantages throughout this time, but these advantages are ruled out "salaries."

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

However, since Eugene did not earn any incomes or trip pay in the 4 work weeks before those two public vacations, the quantity of public vacation pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times a worker's routine rate of pay. If a staff member is entitled to get premium spend for deal with a public holiday, they must be paid 1 1/2 times their regular rate of pay for each hour worked.

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

Substitute holiday

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

A substitute vacation must be set up for a day that is no later than three months after the general public holiday for which it was earned, or, if the employee has agreed electronically or in composing, the alternative day of rest can be scheduled as much as 12 months after the general public holiday.

If a staff member gets a substitute holiday, the company must provide the staff member with a written statement that sets out the general public vacation that is being substituted, the date of the alternative holiday, and the date that the statement was provided to the employee. This declaration needs to be supplied to the staff member before the public holiday.

Entitlements for public vacations

Entitlements for public holidays 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 vacation falls on a working day however the staff member does not work

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

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

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

- a replacement holiday off with public vacation pay;. or.
- public vacation spend for the general public holiday, if the staff member consents to this digitally or in composing (in this case, the worker will not be provided an alternative day off).
When an employee who gets approved for the day off has actually concurred digitally or in writing to deal with a public holiday

Most workers can get the public vacation off and make money public holiday pay. However, if a staff member agrees digitally or in writing to deal with the general public vacation, there are two options:

- the worker is entitled to get regular earnings for all hours worked on the general public vacation, plus a substitute day of rest work with public holiday pay;. or.
- if the staff member agrees electronically or in writing, they are entitled to public holiday pay for the public vacation plus premium pay for all hours dealt with the public holiday. In this case, the worker will not be provided an alternative day of rest.
Example: Calculating public holiday pay plus premium pay

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

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

Step 1: compute public vacation pay:

1. Calculate John-Duncan's overall regular salaries earned in the four work weeks before the general public vacation: 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 four work weeks before the general public vacation.
2. Calculate the amount of getaway pay payable with respect to the four work week period:. John-Duncan gets his vacation pay when he takes his trip. Because he was not on getaway throughout the four work week period, the quantity of getaway pay payable with regard to the 4 work weeks before the public holiday = $0.
3. Add together his total incomes made and trip 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: determine premium pay

Finally, the premium pay owing to John-Duncan for his deal with the public holiday is computed:. $ 20 per hour X 1 1/2 = $30.00. $ 30.00 per hour X 8 hours worked = $240

John-Duncan's premium pay privilege is $240.

Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for an overall of $400.

When a worker agrees to work on a public holiday however stops working to do so

If an employee has actually concurred digitally or in composing to deal with the public holiday but does not do so - and does not have affordable cause for not having actually done so - the employee has no right to public holiday pay or to a substitute day of rest with pay.

However, if the employee has affordable cause for not working the public vacation, then privileges will depend upon which of the two choices listed below the staff member picked in exchange for accepting work on the public holiday:

- if the worker had actually agreed electronically or in writing to deal with the public vacation for regular earnings plus an alternative day off with public vacation pay, the staff member is entitled to a substitute day of rest work with public vacation pay;. or.
- if the employee had concurred electronically 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 for the vacation. The worker is not entitled to receive any superior pay since they did not carry out any deal with the vacation.
When a worker works only a few of the hours they accepted deal with a public holiday

If an employee has agreed digitally or in writing to deal with the public holiday however works just a few of the hours they consented to work, and does not have affordable cause for stopping working to work all of the hours, the worker is only entitled to get superior spend for each hour dealt with the vacation. The employee has no right to public vacation pay or an alternative day off work.

Example: A common case

Trudi had actually agreed in writing that she would work 8 hours on Canada Day but she only worked 4 hours and did not have reasonable cause for stopping working to work the other 4 hours. Trudi is entitled only to premium pay for the four hours she dealt with the holiday. She is not entitled to public vacation pay or to a substitute day off work.

However, if the staff member has sensible cause for working just a few of the hours they accepted deal with the public vacation, then:

- the worker is entitled to their regular rate for all the hours worked plus an alternative day off deal with public holiday pay;. or.
- if the staff member had agreed digitally or in composing to work on the public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour dealt with the vacation.
Special rules for specific industries

Special rules use to staff members who work in the list below types of organizations:

- hotels, motels and traveler resorts;.
- restaurants and taverns;.
- health centers and assisted living home;.
- 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 company or the games part of a gambling establishment if the games tables are open all the time).
A staff member who operates in any of these companies can be needed to deal with a public vacation without their contract, but only if the holiday falls on a day that the employee would usually work and the worker is not on holiday.

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

- their regular rate for the hours worked on the public holiday, plus a substitute day of rest work with public vacation pay;. or.
- public vacation pay plus premium pay for each hour worked.
The employer chooses which of these alternatives will apply.

Note that the employer's ability to need staff members to deal with a public vacation goes through the employee's right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the employee's employment agreement. Note likewise 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 vacation due to the fact that of the special rules that use to some retail workers. See the "Retail employees" chapter of this guide for additional information.

An employee in the formerly listed companies who is required to work on a public vacation that falls on their regular working day but stops working to do so, with affordable cause, is entitled to:

- an alternative holiday with public vacation pay;. or.
- public holiday spend for the holiday.
The company selects which option will apply.

An employee in any of these organizations who is required to deal with a public holiday that falls on their common working day however who fails, with reasonable cause, to work a few of the hours they were required to deal with the holiday is entitled to either:

- their regular rate for each hour worked on the holiday plus an alternative vacation with public vacation pay;. or.
- public vacation spend for the vacation plus premium spend for each hour worked.
The employer chooses which option will use.

An employee in any of these businesses who is required to work on a public vacation that falls on their common working day however who stops working, without sensible cause, to work part or all of the public holiday is just entitled to get superior spend for each hour dealt with the vacation (if any). The worker has no right to public holiday pay or an alternative day of rest work.

Overtime estimations when an employee receives premium pay

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

If employment ends

Sometimes a worker's job comes to an end before the worker can take an alternative vacation with public vacation pay that they have actually made. In this case, the employer needs to pay the employee's public holiday pay at the same time it pays the worker's last salaries. This is so no matter the factor the job came to an end, whether it is because the worker quit, was fired for good factor, or for some other reason.

Most workers who qualify are entitled to take these days off work and be paid public vacation pay. 
 Alternatively, the worker can concur electronically or in composing to work on the holiday and be paid: 
 - public vacation pay plus premium spend for all hours dealt with the general public holiday and not receive another day off (called a "alternative" vacation);.
or.
 - be paid their regular incomes for all hours dealt with the public vacation and receive another alternative holiday for which they must be paid public vacation pay.
 
Some workers may be required to deal with a public vacation. (See "Special rules for certain markets" later on in this Chapter.) While a lot of workers are eligible for the general public holiday privilege, some staff members operate in [jobs](https://dirkohlmeier.de) that are not covered by the public vacation arrangements of the [Employment](https://www.sportsnetworker.com) Standards Act (ESA). To figure out whether a job is covered, or if unique rules apply, please refer to the Guide to work requirements unique rules and exemptions. 
 Use the Employment Standards Self-Service Tool to inspect compliance with public holidays and other work requirements privileges. 
 See "Public vacation pay" later in this chapter. 
 Regular wages does not include any overtime pay, holiday pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a worker. 
 While some employers provide their employees a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA. 
 Performing both covered and exempt work 
 Some workers 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 type of work might be exempt from public vacation coverage. 
 If a worker carries out both type of work, exempt and covered, they are qualified for the public holiday with regard to a specific public holiday if at least half of the work performed in the work week of the general public holiday is work that is covered. 
 Rupert works for a taxi business as both a taxi taxi driver (work that is exempt from public vacation protection) and a dispatcher (work that is covered by the public holiday part of the ESA). In the work week that Canada Day fell, at least half of Rupert's work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is eligible for the general public holiday privilege for Canada Day. 
 [Qualifying](https://newhorizonnetworks.com) for public vacation privileges 
 Generally, employees certify for the public vacation entitlement unless they: 
 - fail without reasonable cause to work all of their last routinely arranged day of work before the public vacation or all of their first frequently arranged day of work after the general public vacation (this is called the "Last and First Rule");.
or.
 - stop working without affordable cause to work their whole shift on the public vacation if they accepted or were required to work that day.
 
Note: Most workers who fail to receive the public vacation privilege are still entitled to be paid premium spend for every hour they deal with the holiday. 
 Qualified employees can be complete time, part-time, long-term or on term contract. It does not matter how just recently they were hired, or the number of days they worked before the general public holiday. 
 The "last and first rule" 
 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 public holiday" do not need to be the days right before and right after the vacation. 
 For instance, a worker may not be set up to work the day right before or after the vacation. As long as the staff member works all of their last routinely scheduled shift before the holiday and all of the first one after it, or has reasonable cause for not working either of those days, they satisfy this qualifying requirement. 
 Reasonable cause 
 A worker is generally thought about to have "sensible cause" for missing out on work when something beyond their control prevents the worker from working. Employees are responsible for showing that they had sensible cause for keeping away from work. If they can do so, they still get approved for public holiday entitlements. 
 How the last and first guideline works 
 Rosie's regular 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 entire shift on the Thursday before the vacation and the Tuesday after the vacation, or has reasonable cause for stopping working to work either of those days, she certifies to be spent for the holiday. 
 Example: When a worker takes a day of rest 
 A public holiday falls on a Monday, and Lev's office closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his employer for authorization to remove the Thursday before the public vacation because he has a personal consultation. His employer agrees. Lev's last regularly scheduled work day before the vacation is now thought about to be on the Wednesday. 
 If Lev works his whole Wednesday shift before the holiday and his whole Tuesday shift after the holiday, or has reasonable 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 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 agrees. Doris's regularly arranged shift on the Thursday before the general public vacation is now considered to be from 9 a.m. to 3 p.m. 
 . If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has sensible cause for failing to do so, she is entitled to the paid public holiday. 
 Example: When an employee is on holiday 
 Canada Day falls on July 1. George is on trip from June 25 to July 9. If George works all of his last routinely set up shift before his vacation and very first regularly scheduled shift after his trip - on June 24 and July 10 - or has sensible cause for failing to do so, he will certify for the paid public holiday. 
 Example: When a worker is on a leave or layoff 
 Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last regularly arranged day of work before her leave, and her very first routinely scheduled day of work after her leave, or has affordable cause for stopping working to do so, she will be entitled to the paid public holiday. 
 Example: When there is no sensible cause 
 A public vacation falls on a Monday, and Ellen's office is closed for the holiday. Ellen does not deal with her last scheduled day before the holiday, and she does not have sensible cause for missing out on that day. She gets no spend for the holiday. 
 Public vacation pay 
 The quantity of public holiday pay to which a worker is entitled is all of the regular incomes made by the worker in the four work weeks before the work week with the general public holiday plus all of the holiday pay payable to the staff member with respect to the 4 work weeks before the work week with the public holiday, divided by 20. 
 When to consist of holiday pay in the estimation of public holiday pay 
 The quantity of holiday pay payable to include in the estimation of public holiday pay depends upon whether the employee is on getaway at any time throughout the four work weeks prior to the general public holiday, and the way in which the staff member is to be paid getaway pay. Please refer to the Vacation chapter for details on the different methods vacation pay can be paid. 
 Vacation pay payable 
 If the employee is to be paid their holiday pay before they take a getaway or on or before the pay day for the duration in which the getaway falls, trip pay will be consisted of in the computation of public vacation pay if the staff member was on trip throughout that four work week duration. If the employee was not on holiday during that duration, no holiday pay will be included in the calculation. 
 If the worker is to be paid getaway pay with every pay cheque the amount of trip pay to consist of in the computation of public holiday pay will be at least four per cent of all of the worker's earnings earned throughout the four work week period. (Note that if an employee makes a greater percentage of trip pay, such as six per cent of salaries, then the "trip pay payable" will be based upon that greater portion.) 
 If a staff member is to receive their getaway pay in a lump amount on a particular date or dates, trip pay will be included in the calculation of public holiday pay only if that date or dates falls during the relevant 4 work week duration. 
 Calculating the four work week period before the work week with a public holiday 
 The 4 weeks before the general public vacation is based on the employer's work week and is not necessarily a calendar week. 
 Example: 
 Christmas Day falls on a Tuesday. Suppose that a company's work week ranges from Thursday to Wednesday. In this case, the 4 work weeks used to calculate public vacation pay are those 4 weeks counting in reverse from the very first Wednesday (the last day of the company's work week) before the work week in which the general public vacation falls. 
 - Week 1: Thursday, November 22 - Wednesday, November 28
 - Week 2: Thursday, [job](https://wiki.lafabriquedelalogistique.fr/Discussion_utilisateur:LawannaVui) 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 wages earned by the staff member and the getaway pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are used in the estimation of public holiday pay. 
 Calculating public vacation pay 
 Iryna works five days a week and earns $120 a day. She worked her last regularly set up work day before the public holiday and her first routinely arranged day after the vacation. She receives her holiday pay when her holiday is taken. She was not on vacation throughout the 4 work weeks leading up to the general public holiday. 
 1. Calculate Iryna's overall regular earnings made:
$ 120 each day X 5 days = $600 weekly
$ 600 weekly X 4 work weeks = $2,400.
Iryna earned $2,400 of routine earnings in the four work weeks before the public vacation.
 2. Calculate the amount of vacation pay payable with respect to the four work week duration:.
Iryna gets her holiday pay when she takes her trip. Because she was not on getaway throughout the four work week duration, the amount of vacation pay payable with regard to the four work weeks before the public vacation = $0.
 3. Add together her total incomes made and getaway pay payable and divide the sum by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.
 
Result: Iryna is entitled to $120 public holiday pay. 
 Example: When vacation time is included 
 Brock works five days a week and makes $160 a day. He was on holiday for 2 of the 4 weeks before the general public holiday. He receives holiday pay before he takes his vacation. He is paid $1,600 getaway pay for his two weeks of trip. Brock worked his last routinely scheduled work day before the public holiday and his very first regularly scheduled work day after the vacation. 
 1. Calculate Brock's total routine earnings made:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.
 2. Calculate the amount of trip pay:.
Brock was on getaway for two of the 4 work weeks prior to the work week with the general public vacation, and is paid vacation pay before he takes his vacation. The quantity of vacation pay payable with regard to the 4 work weeks prior to the work week with the public holiday = $1,600.
 3. Total his total salaries 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 holiday pay. 
 Example: When an employee works part-time and each pay cheque includes trip pay 
 Tegan works 3 days a week and makes $120 a day. She worked her last regularly scheduled work day before the public holiday and her first frequently arranged day after the vacation. She and her employer have actually concurred in composing that she will get four percent getaway pay on each paycheque. 
 1. Calculate Tegan's regular salaries made:.
$ 120 per day X 3 days = $360 per week.
$ 360 each week X 4 weeks = $1,440.
 2. Calculate her vacation pay payable:.
$ 4.80 each day (4% of $120) X 3 days = $14.40 per week.
$ 14.40 each week X 4 weeks = $57.60.
 3. Add together her routine wages earned and trip 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 getaway pay 
 Bertie does not work a set variety of hours each day or days weekly. Her pay differs from week to week, according to the time she has actually worked. She and her company have actually concurred in composing that she will get four percent holiday pay on each pay cheque. 
 1. Bertie's routine wages made during the 4 work weeks before the holiday are $1,500.
 2. Calculate her getaway pay payable:.
$ 1,500 X 4% = $60.
 3. Add together her regular earnings made and holiday pay payable and divide the sum 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 generally works five days a week, making $120 a day. She gets holiday pay before she goes on holiday. 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 incomes or vacation pay. She received maternity and parental take advantage of the federal [Employment](https://thankguard.com) Insurance program, however these benefits are not considered "wages." 
 Zoe is entitled to receive public vacation pay for the general public holidays that fall during her leave as long as she works her last regularly scheduled day before her leave and her very first routinely scheduled day after her leave, or has sensible cause for failing to do so. 
 Zoe went on leave on June 10 and just worked seven days during the four work weeks before the Canada Day public holiday. Her public holiday pay for Canada Day is: 
 - Regular earnings made: $120 a day X 7 days = $840.
 - Vacation pay payable: $0 (she was not on trip during the 4 work week period).
 - Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
 
Her public vacation spend for the remainder of the public holidays that fall during her leave will be $0. This is since she will not have earned any earnings or vacation pay on any of the days throughout the four work weeks before each of those vacations. 
 Example: When an employee is on a layoff 
 Eugene usually works 5 days a week, making $100 a day. He was put on short-lived layoff on November 15. During his layoff, Eugene was not paid incomes or getaway pay. He received employment insurance advantages throughout this time, but these advantages are ruled out "salaries." 
 Eugene was recalled to deal with December 27. He is entitled to be paid public holiday spend for Christmas Day and Boxing Day as long as he works his last frequently arranged day before the layoff and his very first routinely arranged day after the layoff, or has reasonable cause for failing to do so. 
 However, since Eugene did not earn any incomes or trip pay in the 4 work weeks before those two public vacations, the quantity of public vacation pay he is entitled to will be $0. 
 Premium pay 
 Premium pay is 1 1/2 times a worker's routine rate of pay. If a staff member is entitled to get premium spend for deal with a public holiday, they must be paid 1 1/2 times their regular rate of pay for each hour worked. 
 For instance, Nathan's regular rate of pay is $20 an hour. This indicates that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2). 
 Substitute holiday 
 A replacement holiday is another working day off work that is designated to change a public vacation. Employees are entitled to be paid public holiday spend for a substitute vacation. 
 A substitute vacation must be set up for a day that is no later than three months after the general public holiday for which it was earned, or, if the employee has agreed electronically or in composing, the alternative day of rest can be scheduled as much as 12 months after the general public holiday. 
 If a staff member gets a substitute holiday, the company must provide the staff member with a written statement that sets out the general public vacation that is being substituted, the date of the alternative holiday, and the date that the statement was provided to the employee. This declaration needs to be supplied to the staff member before the public holiday. 
 Entitlements for public vacations 
 Entitlements for public holidays 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 vacation falls on a working day however the staff member does not work 
 Most workers can get the general public holiday off and earn money public holiday pay. (Some workers might be needed to work on a public vacation. See "Special guidelines for specific markets" later in this chapter.) 
 When a public vacation falls on a worker's non-working day or throughout a staff member's trip 
 When a public vacation falls on a day that is not ordinarily a working day for an employee, or during the staff member's getaway, the staff member is entitled to either: 
 - a replacement holiday off with public vacation pay;.
or.
 - public vacation spend for the general public holiday, if the staff member consents to this digitally or in composing (in this case, the worker will not be provided an alternative day off).
 
When an employee who gets approved for the day off has actually concurred digitally or in writing to deal with a public holiday 
 Most workers can get the public vacation off and make money public holiday pay. However, if a staff member agrees digitally or in writing to deal with the general public vacation, there are two options: 
 - the worker is entitled to get regular earnings for all hours worked on the general public vacation, plus a substitute day of rest work with public holiday pay;.
or.
 - if the staff member agrees electronically or in writing, they are entitled to public holiday pay for the public vacation plus premium pay for all hours dealt with the public holiday. In this case, the worker will not be provided an alternative day of rest.
 
Example: Calculating public holiday pay plus premium pay 
 A public vacation falls on one of John-Duncan's normal working days. He and his employer have concurred electronically or in composing that he will deal with the general public vacation and that, instead of getting a substitute holiday, he will be paid public vacation pay plus premium spend for all the hours he works on the holiday. 
 John-Duncan regularly works eight hours a day, five days a week. His routine hourly pay rate is $20. He has worked on all his scheduled work days in the 4 work weeks before the general public holiday. He works eight hours on the public vacation. He receives his getaway pay when his trip is taken. He was not on holiday during the 4 work weeks leading up to the general public vacation 
 Step 1: compute public vacation pay: 
 1. Calculate John-Duncan's overall regular salaries earned in the four work weeks before the general public vacation:
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 four work weeks before the general public vacation.
 2. Calculate the amount of getaway pay payable with respect to the four work week period:.
John-Duncan gets his vacation pay when he takes his trip. Because he was not on getaway throughout the four work week period, the quantity of getaway pay payable with regard to the 4 work weeks before the public holiday = $0.
 3. Add together his total incomes made and trip 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: determine premium pay 
 Finally, the premium pay owing to John-Duncan for his deal with the public holiday is computed:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240 
 John-Duncan's premium pay privilege is $240. 
 Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for an overall of $400. 
 When a worker agrees to work on a public holiday however stops working to do so 
 If an employee has actually concurred digitally or in composing to deal with the public holiday but does not do so - and does not have affordable cause for not having actually done so - the employee has no right to public holiday pay or to a substitute day of rest with pay. 
 However, if the employee has affordable cause for not working the public vacation, then privileges will depend upon which of the two choices listed below the staff member picked in exchange for accepting work on the public holiday: 
 - if the worker had actually agreed electronically or in writing to deal with the public vacation for regular earnings plus an alternative day off with public vacation pay, the staff member is entitled to a substitute day of rest work with public vacation pay;.
or.
 - if the employee had concurred electronically 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 for the vacation. The worker is not entitled to receive any superior pay since they did not carry out any deal with the vacation.
 
When a worker works only a few of the hours they accepted deal with a public holiday 
 If an employee has agreed digitally or in writing to deal with the public holiday however works just a few of the hours they consented to work, and does not have affordable cause for stopping working to work all of the hours, the worker is only entitled to get superior spend for each hour dealt with the vacation. The employee has no right to public vacation pay or an alternative day off work. 
 Example: A common case 
 Trudi had actually agreed in writing that she would work 8 hours on Canada Day but she only worked 4 hours and did not have reasonable cause for stopping working to work the other 4 hours. Trudi is entitled only to premium pay for the four hours she dealt with the holiday. She is not entitled to public vacation pay or to a substitute day off work. 
 However, if the staff member has sensible cause for working just a few of the hours they accepted deal with the public vacation, then: 
 - the worker is entitled to their regular rate for all the hours worked plus an alternative day off deal with public holiday pay;.
or.
 - if the staff member had agreed digitally or in composing to work on the public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium spend for every hour dealt with the vacation.
 
Special rules for specific industries 
 Special rules use to staff members who work in the list below types of organizations: 
 - hotels, motels and traveler resorts;.
 - restaurants and taverns;.
 - health centers and assisted living home;.
 - 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 company or the games part of a gambling establishment if the games tables are open all the time).
 
A staff member who operates in any of these companies can be needed to deal with a public vacation without their contract, but only if the holiday falls on a day that the employee would usually work and the worker is not on holiday. 
 If an employee is required to work, they are entitled to either: 
 - their regular rate for the hours worked on the public holiday, plus a substitute day of rest work with public vacation pay;.
or.
 - public vacation pay plus premium pay for each hour worked.
 
The employer chooses which of these alternatives will apply. 
 Note that the employer's ability to need staff members to deal with a public vacation goes through the employee's right to take a day off for functions of religious observance under the Ontario Human Rights Code, and to the terms of the employee's [employment](https://improovajobs.co.za) agreement. Note likewise 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 vacation due to the fact that of the special rules that use to some retail workers. See the "Retail employees" chapter of this guide for additional information. 
 An employee in the formerly listed companies who is required to work on a public vacation that falls on their regular working day but stops working to do so, with affordable cause, is entitled to: 
 - an alternative holiday with public vacation pay;.
or.
 - public holiday spend for the holiday.
 
The company selects which option will apply. 
 An employee in any of these organizations who is required to deal with a public holiday that falls on their common working day however who fails, with reasonable cause, to work a few of the hours they were required to deal with the holiday is entitled to either: 
 - their regular rate for each hour worked on the holiday plus an alternative vacation with public vacation pay;.
or.
 - public vacation spend for the vacation plus premium spend for each hour worked.
 
The employer chooses which option will use. 
 An employee in any of these businesses who is required to work on a public vacation that falls on their common working day however who stops working, without sensible cause, to work part or all of the public holiday is just entitled to get superior spend for each hour dealt with the vacation (if any). The worker has no right to public holiday pay or an alternative day of rest work. 
 Overtime estimations when an employee receives premium pay 
 Any hours dealt with a public vacation that are compensated with premium pay are not included when figuring out whether a worker has worked any overtime hours. 
 If employment ends 
 Sometimes a worker's job comes to an end before the worker can take an alternative vacation with public vacation pay that they have actually made. In this case, the employer needs to pay the employee's public holiday pay at the same time it pays the worker's last salaries. This is so no matter the factor the [job](https://www.jobnetrecruitment.co.za) came to an end, whether it is because the worker quit, was fired for good factor, or for some other reason.