Qualified Employees can Be Full Time (#1) · Issues · Kandice Mcgrew / cartoonistnetwork

Qualified Employees can Be Full Time

Most staff members who certify are entitled to take nowadays off work and be paid public holiday pay.

Alternatively, the staff member can agree digitally or in writing to work on the vacation and be paid:

- public vacation pay plus spend for all hours dealt with the public vacation and not receive another day of rest (called a "replacement" vacation);. or.
- be paid their routine salaries for all hours dealt with the public holiday and receive another substitute vacation for which they need to be paid public vacation pay.
Some employees may be needed to deal with a public holiday. (See "Special rules for certain industries" later in this Chapter.) While most employees are qualified for the general public holiday privilege, some workers operate in jobs that are not covered by the public holiday 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 employment requirements unique rules and exemptions.

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

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

Regular salaries does not include any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a staff member.

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

Performing both covered and exempt work

Some employees perform more than one type of work for an employer. Some of this work may be covered by the public vacation part of the ESA, while another kind of work may be exempt from public vacation protection.

If an employee carries out both type of work, exempt and covered, they are eligible for the public holiday entitlement with regard to a particular public holiday if a minimum of half of the work carried out in the work week of the public holiday is work that is covered.

Rupert works for a taxi company as both a taxi taxi 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, a minimum of half of Rupert's work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is qualified for the general public vacation entitlement for Canada Day.

Receiving public holiday entitlements

Generally, workers get approved for the public vacation privilege unless they:

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

Qualified staff members can be full-time, part time, irreversible 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 routinely arranged day of work before the general public holiday" and the "first routinely arranged day of work after the public holiday" do not have to be the days right in the past and right after the holiday.

For example, an employee might not be arranged to work the day right before or after the vacation. As long as the employee works all of their last routinely set up shift before the holiday and all of the very first one after it, or has sensible cause for not working either of those days, they fulfill this certifying criterion.

Reasonable cause

An employee is usually thought about to have "sensible cause" for missing out on work when something beyond their control prevents the employee from working. Employees are accountable for revealing that they had affordable cause for keeping away from work. If they can do so, they still receive public holiday privileges.

How the last and very first rule works

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

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 general public vacation due to the fact that he has a personal appointment. His company agrees. Lev's last routinely set up work day before the holiday is now considered to be on the Wednesday.

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

Example: employment When a worker leaves early

A public vacation falls on a Friday, and Doris's workplace is closed for the holiday. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public holiday. The employer concurs. Doris's regularly set up 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 reasonable cause for stopping working to do so, she is entitled to the paid public vacation.

Example: When a staff member is on holiday

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

Example: When a staff member is on a leave or layoff

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

Example: When there is no reasonable cause

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

Public vacation pay

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

When to include vacation pay in the calculation of public vacation pay

The amount of trip pay payable to consist of in the calculation of public holiday pay depends upon whether the staff member is on trip at any time during the 4 work weeks prior to the public holiday, and the manner in which the staff member is to be paid vacation pay. Please refer to the Vacation chapter for details on the different ways vacation pay can be paid.

Vacation pay payable

If the worker 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, getaway pay will be included in the estimation of public holiday pay if the staff member was on trip throughout that 4 work week period. If the staff member was not on vacation during that period, no trip pay will be consisted of in the calculation.

If the staff member is to be paid holiday pay with every pay cheque the quantity of vacation pay to consist of in the estimation of public vacation pay will be at least four percent of all of the staff member's salaries made during the 4 work week period. (Note that if a worker makes a higher percentage of holiday pay, such as 6 per cent of incomes, then the "vacation pay payable" will be based upon that greater portion.)

If a staff member is to get their holiday pay in a swelling sum on a particular date or dates, holiday pay will be consisted of in the computation of public holiday pay only if that date or dates falls during the relevant four work week period.

Calculating the 4 work week period 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 necessarily a calendar week.

Example:

Christmas Day falls on a Tuesday. Suppose that a company's work week runs from Thursday to Wednesday. In this case, the 4 work weeks utilized to compute public holiday pay are those four weeks counting in reverse from the first Wednesday (the last day of the employer'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 vacation: Tuesday, December 25

In this example, the routine incomes made by the employee and the vacation pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are utilized in the computation of public vacation pay.

Calculating public holiday pay

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

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

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

1. Calculate Brock's overall regular wages earned:. Brock worked 10 days. $ 160 daily X 10 days = $1,600.
2. Calculate the amount of holiday pay:. Brock was on holiday for two of the 4 work weeks prior to the work week with the public holiday, and is paid trip pay before he takes his holiday. The amount of trip pay payable with regard to the four work weeks prior to the work week with the public holiday = $1,600.
3. Combine his overall earnings 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 an employee works part-time and each pay cheque consists of vacation pay

Tegan works three days a week and makes $120 a day. She worked her last frequently set up work day before the public vacation and her very first frequently set up day after the vacation. She and her employer have concurred in writing that she will receive four percent holiday pay on each paycheque.

1. Calculate Tegan's regular earnings earned:. $ 120 per day X 3 days = $360 per week. $ 360 per week X 4 weeks = $1,440.
2. Calculate her holiday pay payable:. $ 4.80 per 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 made and holiday 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 vacation 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 employer have agreed in composing that she will receive four percent trip pay on each pay cheque.

1. Bertie's routine salaries earned during the 4 work weeks before the vacation are $1,500.
2. Calculate her getaway pay payable:. $ 1,500 X 4% = $60.
3. Combine her regular earnings earned and holiday pay payable and divide the amount by 20:. $ 1,500 + $60 = $1,560. $ 1,560 ÷ 20 = $78.
Result: Bertie is entitled to $78 public holiday pay.

Example: When a worker is on a leave

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

During her leaves, she was not paid wages or holiday pay. She received maternity and parental gain from the federal Employment Insurance program, however these advantages are ruled out "wages."

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

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

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

Example: When a staff member is on a layoff

Eugene normally works 5 days a week, earning $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid earnings or vacation pay. He received employment insurance coverage advantages throughout this time, but these benefits are not thought about "wages."

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 routinely scheduled day before the layoff and his very first regularly scheduled day after the layoff, or has affordable cause for failing to do so.

However, since Eugene did not make any earnings or getaway pay in the 4 work weeks before those 2 public vacations, 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 routine rate of pay. If a staff member is entitled to get premium pay for work on a public holiday, they need to 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 means that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2).

Substitute holiday

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

A substitute holiday must be set up for a day that is no later than 3 months after the public holiday for which it was made, or, if the staff member has actually agreed electronically or in writing, the alternative day off can be arranged up to 12 months after the general public holiday.

If an employee receives a replacement holiday, the company must supply the staff member with a written declaration that sets out the public vacation that is being replaced, the date of the substitute vacation, and the date that the statement was offered to the worker. This statement must be offered to the staff member before the public vacation.

Entitlements for public holidays

Entitlements for public vacations vary 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 holiday. The various entitlements are set out listed below.

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

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

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

When a public holiday falls on a day that is not generally a working day for a worker, or during the employee's holiday, employment the employee is entitled to either:

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

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

- the employee is entitled to get regular incomes for all hours worked on 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 vacation spend for the general public vacation plus premium pay for all hours dealt with the public holiday. In this case, the staff member will not be offered a substitute day of rest.
Example: Calculating public vacation pay plus premium pay

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

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

Step 1: compute public vacation pay:

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

Step 2: calculate superior pay

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

When an employee consents to deal with a public vacation but fails to do so

If a staff member has agreed electronically or in writing to deal with the public vacation but does not do so - and does not have sensible cause for not having actually done so - the worker has no right to public holiday pay or to an alternative day of rest with pay.

However, if the employee has reasonable cause for not working the public vacation, then privileges will depend upon which of the 2 options listed below the staff member chose in exchange for accepting work on the general public vacation:

- if the worker had actually concurred digitally or in writing to work on the general public vacation for regular wages plus an alternative day of rest with public vacation pay, the worker is entitled to a substitute day of rest deal with public holiday pay;. or.
- if the staff member had concurred electronically or in composing to work on the public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the holiday. The employee is not entitled to receive any exceptional pay since they did not perform any work on the vacation.
When an employee works only a few of the hours they consented to deal with a public vacation

If a staff member has actually agreed electronically or in writing to work on the general public holiday however works only some of the hours they concurred to work, and does not have reasonable cause for stopping working to work all of the hours, the staff member is only entitled to get premium spend for each hour worked on the vacation. The worker has no right to public holiday pay or an alternative day of rest work.

Example: A common case

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

However, if the staff member has affordable cause for working only a few of the hours they consented to deal with the public holiday, then:

- the worker is entitled to their regular rate for all the hours worked plus an alternative day of rest work with public vacation pay;. or.
- if the staff member had actually agreed electronically or in writing to work on the 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 holiday.
Special guidelines for certain markets

Special rules use to staff members who operate in the following kinds of services:

- hotels, motels and traveler resorts;.
- dining establishments and taverns;.
- healthcare facilities and assisted living home;.
- continuous operations (which are operations, or parts of operations, that do not stop or close more than when a week - such as an oil refinery, alarm-monitoring business or the video games part of a casino if the games tables are open all the time).
An employee who operates in any of these organizations can be needed to work on a public vacation without their contract, but just if the vacation falls on a day that the staff member would normally work and the worker is not on vacation.

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

- their regular rate for the hours worked on the general public holiday, plus a substitute day of rest deal with public vacation pay;. or.
- public vacation pay plus premium pay for each hour worked.
The company chooses which of these choices will use.

Note that the employer's capability to need workers to deal with a public vacation goes through the employee's right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee's employment contract. Note also that specific retail employees who operate in continuous operations (for example, a 24-hour corner store) have the right to refuse to work on a public holiday due to the fact that of the unique guidelines that apply to some retail workers. See the "Retail workers" chapter of this guide to learn more.

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

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

A staff member in any of these services who is required to work on a public vacation that falls on their ordinary working day however 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 routine rate for each hour dealt with the vacation plus an alternative vacation with public holiday pay;. or.
- public vacation spend for the vacation plus premium spend for each hour worked.
The company selects which alternative will apply.

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

Overtime calculations when a worker receives premium pay

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

If work ends

Sometimes an employee's job comes to an end before the worker can take a substitute vacation with public vacation pay that they have earned. In this case, the company should pay the employee's public holiday pay at the very same time it pays the employee's final earnings. This is so regardless of the factor the task concerned an end, whether it is due to the fact that the employee gave up, was fired for good factor, or for some other factor.

Most staff members who certify are entitled to take nowadays off work and be paid public holiday pay. 
 Alternatively, the staff member can agree digitally or in writing to work on the vacation and be paid: 
 - public vacation pay plus spend for all hours dealt with the public vacation and not receive another day of rest (called a "replacement" vacation);.
or.
 - be paid their routine salaries for all hours dealt with the public holiday and receive another substitute vacation for which they need to be paid public vacation pay.
 
Some employees may be needed to deal with a public holiday. (See "Special rules for certain industries" later in this Chapter.) While most employees are qualified for the general public holiday privilege, some workers operate in [jobs](https://job-daddy.com) that are not covered by the public holiday arrangements of the [Employment](https://buzzorbit.com) Standards Act (ESA). To figure out whether a job is covered, or if unique rules apply, please refer to the Guide to employment requirements unique rules and exemptions. 
 Use the Employment Standards Self-Service Tool to check compliance with public holidays and other [employment](https://www.rotaryjobmarket.com) standards entitlements. 
 See "Public holiday pay" later on in this chapter. 
 Regular salaries does not include any overtime pay, getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of assignment pay payable to a staff member. 
 While some companies give their staff members a vacation on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the company is not needed to do so under the ESA. 
 Performing both covered and exempt work 
 Some employees perform more than one type of work for an employer. Some of this work may be covered by the public vacation part of the ESA, while another kind of work may be exempt from public vacation protection. 
 If an employee carries out both type of work, exempt and covered, they are eligible for the public holiday entitlement with regard to a particular public holiday if a minimum of half of the work carried out in the work week of the public holiday is work that is covered. 
 Rupert works for a taxi company as both a taxi taxi 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, a minimum of half of Rupert's work was as a dispatcher. Because this work is covered by the public vacation part of the ESA, he is qualified for the general public vacation entitlement for Canada Day. 
 Receiving public holiday entitlements 
 Generally, workers get approved for the public vacation privilege unless they: 
 - fail without reasonable cause to work all of their last frequently scheduled day of work before the general public holiday or all of their first routinely set up day of work after the general public holiday (this is called the "Last and First Rule");.
or.
 - stop working without sensible cause to work their whole shift on the public holiday if they consented to or were needed to work that day.
 
Note: Most workers who fail to receive the general public holiday entitlement are still entitled to be paid premium spend for every hour they deal with the holiday. 
 Qualified staff members can be full-time, part time, irreversible 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 routinely arranged day of work before the general public holiday" and the "first routinely arranged day of work after the public holiday" do not have to be the days right in the past and right after the holiday. 
 For example, an employee might not be arranged to work the day right before or after the vacation. As long as the employee works all of their last routinely set up shift before the holiday and all of the very first one after it, or has sensible cause for not working either of those days, they fulfill this certifying criterion. 
 Reasonable cause 
 An employee is usually thought about to have "sensible cause" for missing out on work when something beyond their control prevents the employee from working. Employees are accountable for revealing that they had affordable cause for keeping away from work. If they can do so, they still receive public holiday privileges. 
 How the last and very first rule works 
 Rosie's regular work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie's office closes down for that day. If Rosie works the whole shift on the Thursday before the vacation and the Tuesday after the vacation, or has reasonable cause for stopping working to work either of those days, she qualifies to be paid for the vacation. 
 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 general public vacation due to the fact that he has a personal appointment. His company agrees. Lev's last routinely set up work day before the holiday is now considered to be on the Wednesday. 
 If Lev works his entire Wednesday shift before the vacation and his whole Tuesday shift after the vacation, or has sensible cause for not working either of those days, he gets approved for the paid public holiday. 
 Example: [employment](https://library.kemu.ac.ke/kemuwiki/index.php/User:LeroyCowper) When a worker leaves early 
 A public vacation falls on a Friday, and Doris's workplace is closed for the holiday. Doris typically works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public holiday. The employer concurs. Doris's regularly set up 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 reasonable cause for stopping working to do so, she is entitled to the paid public vacation. 
 Example: When a staff member is on holiday 
 Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last routinely arranged shift before his holiday and very first regularly set up shift after his holiday - on June 24 and July 10 - or has affordable cause for stopping working to do so, he will receive the paid public vacation. 
 Example: When a staff member is on a leave or layoff 
 Lydia is on pregnancy leave when the Canada Day holiday occurs. If Lydia works her last routinely scheduled day of work before her leave, and her first frequently set up day of work after her leave, or has reasonable cause for failing to do so, she will be entitled to the paid public holiday. 
 Example: When there is no reasonable cause 
 A public vacation falls on a Monday, and Ellen's office is closed for the holiday. Ellen does not work on her last scheduled day before the holiday, and she does not have affordable cause for missing that day. She gets no pay for the vacation. 
 Public vacation pay 
 The quantity of public holiday pay to which an employee is entitled is all of the routine incomes earned by the staff member in the four work weeks before the work week with the public vacation plus all of the trip pay payable to the staff member with respect to the 4 work weeks before the work week with the public vacation, divided by 20. 
 When to include vacation pay in the calculation of public vacation pay 
 The amount of trip pay payable to consist of in the calculation of public holiday pay depends upon whether the staff member is on trip at any time during the 4 work weeks prior to the public holiday, and the manner in which the staff member is to be paid vacation pay. Please refer to the Vacation chapter for details on the different ways vacation pay can be paid. 
 Vacation pay payable 
 If the worker 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, getaway pay will be included in the estimation of public holiday pay if the staff member was on trip throughout that 4 work week period. If the staff member was not on vacation during that period, no trip pay will be consisted of in the calculation. 
 If the staff member is to be paid holiday pay with every pay cheque the quantity of vacation pay to consist of in the estimation of public vacation pay will be at least four percent of all of the staff member's salaries made during the 4 work week period. (Note that if a worker makes a higher percentage of holiday pay, such as 6 per cent of incomes, then the "vacation pay payable" will be based upon that greater portion.) 
 If a staff member is to get their holiday pay in a swelling sum on a particular date or dates, holiday pay will be consisted of in the computation of public holiday pay only if that date or dates falls during the relevant four work week period. 
 Calculating the 4 work week period 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 necessarily a calendar week. 
 Example: 
 Christmas Day falls on a Tuesday. Suppose that a company's work week runs from Thursday to Wednesday. In this case, the 4 work weeks utilized to compute public holiday pay are those four weeks counting in reverse from the first Wednesday (the last day of the employer'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 vacation: Tuesday, December 25 
 In this example, the routine incomes made by the employee and the vacation pay payable to the employee with regard to the 4 work weeks from November 22 to December 19 are utilized in the computation of public vacation pay. 
 Calculating public holiday pay 
 Iryna works 5 days a week and earns $120 a day. She worked her last regularly scheduled work day before the public holiday and her first frequently scheduled day after the vacation. She gets her vacation pay when her getaway is taken. She was not on getaway during the 4 work weeks leading up to the public holiday. 
 1. Calculate Iryna's total regular incomes earned:
$ 120 daily X 5 days = $600 each week
$ 600 per week X 4 work weeks = $2,400.
Iryna made $2,400 of regular salaries in the 4 work weeks before the general public holiday.
 2. Calculate the amount of vacation pay payable with respect to the four work week period:.
Iryna gets her vacation pay when she takes her getaway. Because she was not on holiday throughout the four work week duration, the quantity of getaway pay payable with respect to the 4 work weeks before the general public holiday = $0.
 3. Combine her overall 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 trip time is included 
 Brock works 5 days a week and earns $160 a day. He was on vacation for two of the four weeks before the general public vacation. He receives getaway pay before he takes his getaway. He is paid $1,600 vacation pay for his two weeks of getaway. Brock worked his last routinely scheduled work day before the general public holiday and his first regularly arranged work day after the holiday. 
 1. Calculate Brock's overall regular wages earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.
 2. Calculate the amount of holiday pay:.
Brock was on holiday for two of the 4 work weeks prior to the work week with the public holiday, and is paid trip pay before he takes his holiday. The amount of trip pay payable with regard to the four work weeks prior to the work week with the public holiday = $1,600.
 3. Combine his overall earnings 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 an employee works part-time and each pay cheque consists of vacation pay 
 Tegan works three days a week and makes $120 a day. She worked her last frequently set up work day before the public vacation and her very first frequently set up day after the vacation. She and her employer have concurred in writing that she will receive four percent holiday pay on each paycheque. 
 1. Calculate Tegan's regular earnings earned:.
$ 120 per day X 3 days = $360 per week.
$ 360 per week X 4 weeks = $1,440.
 2. Calculate her holiday pay payable:.
$ 4.80 per 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 made and holiday 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 vacation 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 employer have agreed in composing that she will receive four percent trip pay on each pay cheque. 
 1. Bertie's routine salaries earned during the 4 work weeks before the vacation are $1,500.
 2. Calculate her getaway pay payable:.
$ 1,500 X 4% = $60.
 3. Combine her regular earnings earned and holiday pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
 
Result: Bertie is entitled to $78 public holiday pay. 
 Example: When a worker is on a leave 
 Zoe generally works 5 days a week, earning $120 a day. She receives trip pay before she goes on trip. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week adult leave. 
 During her leaves, she was not paid wages or holiday pay. She received maternity and parental gain from the federal Employment Insurance program, however these advantages are ruled out "wages." 
 Zoe is entitled to get public vacation pay for the general public holidays that fall during her leave as long as she works her last frequently scheduled day before her leave and her very first frequently arranged day after her leave, or has affordable cause for failing to do so. 
 Zoe went on leave on June 10 and only worked seven days during the four work weeks before the Canada Day public holiday. Her public vacation spend for Canada Day is: 
 - Regular salaries earned: $120 a day X 7 days = $840.
 - Vacation pay payable: $0 (she was not on vacation during the four work week duration).
 - Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public vacation pay.
 
Her public vacation spend for the rest of the public holidays that fall during her leave will be $0. This is because she will not have made any wages or getaway pay on any of the days throughout the four work weeks before each of those holidays. 
 Example: When a staff member is on a layoff 
 Eugene normally works 5 days a week, earning $100 a day. He was put on momentary layoff on November 15. During his layoff, Eugene was not paid earnings or vacation pay. He received employment insurance coverage advantages throughout this time, but these benefits are not thought about "wages." 
 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 routinely scheduled day before the layoff and his very first regularly scheduled day after the layoff, or has affordable cause for failing to do so. 
 However, since Eugene did not make any earnings or getaway pay in the 4 work weeks before those 2 public vacations, 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 routine rate of pay. If a staff member is entitled to get premium pay for work on a public holiday, they need to 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 means that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2). 
 Substitute holiday 
 A substitute holiday is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public holiday pay for a substitute vacation. 
 A substitute holiday must be set up for a day that is no later than 3 months after the public holiday for which it was made, or, if the staff member has actually agreed electronically or in writing, the alternative day off can be arranged up to 12 months after the general public holiday. 
 If an employee receives a replacement holiday, the company must supply the staff member with a written declaration that sets out the public vacation that is being replaced, the date of the substitute vacation, and the date that the statement was offered to the worker. This statement must be offered to the staff member before the public vacation. 
 Entitlements for public holidays 
 Entitlements for public vacations vary 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 holiday. The various entitlements are set out listed below. 
 When a public holiday falls on a working day however the staff member does not work 
 Most staff members deserve to get the public holiday off and earn money public vacation pay. (Some staff members might be needed to work on a public holiday. See "Special guidelines for specific industries" later on in this chapter.) 
 When a public vacation falls on an employee's non-working day or during an employee's holiday 
 When a public holiday falls on a day that is not generally a working day for a worker, or during the employee's holiday, [employment](http://mariskamast.net:/smf/index.php?action=profile;u=4432456) the employee is entitled to either: 
 - an alternative vacation off with public holiday pay;.
or.
 - public vacation spend for the general public vacation, if the employee accepts this electronically or in writing (in this case, the worker will not be offered a substitute day of rest).
 
When a worker who qualifies for the day off has actually agreed digitally or in composing to work on a public vacation 
 Most employees deserve to get the general public holiday off and make money public holiday pay. However, if an employee concurs digitally or in composing to work on the general public vacation, there are two options: 
 - the employee is entitled to get regular incomes for all hours worked on 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 vacation spend for the general public vacation plus premium pay for all hours dealt with the public holiday. In this case, the staff member will not be offered a substitute day of rest.
 
Example: Calculating public vacation pay plus premium pay 
 A public holiday falls on one of John-Duncan's regular working days. He and his employer have concurred electronically or in composing that he will work on the general public holiday which, instead of getting a substitute vacation, he will be paid public vacation pay plus premium spend for [employment](http://www.annunciogratis.net/author/derickasher) all the hours he works on the vacation. 
 John-Duncan regularly works 8 hours a day, 5 days a week. His regular per hour pay rate is $20. He has dealt with all his scheduled work days in the four work weeks before the general public holiday. He works eight hours on the general public holiday. He gets his trip pay when his trip is taken. He was not on vacation throughout the four work weeks leading up to the public holiday 
 Step 1: compute public vacation pay: 
 1. Calculate John-Duncan's total regular incomes earned in the four work weeks before the general public holiday:
8 hours each day X $20 per hour = $160 each day
$ 160 each 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 quantity of vacation pay payable with respect to the 4 work week period:.
John-Duncan receives his getaway pay when he takes his vacation. Because he was not on getaway throughout the 4 work week duration, the amount of getaway pay payable with regard to the 4 work weeks before the general public holiday = $0.
 3. Combine his overall wages earned and vacation pay and divide the amount by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.
 
John-Duncan's public holiday pay entitlement is $160. 
 Step 2: calculate superior pay 
 Finally, the premium pay owing to John-Duncan for his work on the general 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 holiday pay of $160 and exceptional pay of $240, for a total of $400. 
 When an employee consents to deal with a public vacation but fails to do so 
 If a staff member has agreed electronically or in writing to deal with the public vacation but does not do so - and does not have sensible cause for not having actually done so - the worker has no right to public holiday pay or to an alternative day of rest with pay. 
 However, if the employee has reasonable cause for not working the public vacation, then privileges will depend upon which of the 2 options listed below the staff member chose in exchange for accepting work on the general public vacation: 
 - if the worker had actually concurred digitally or in writing to work on the general public vacation for regular wages plus an alternative day of rest with public vacation pay, the worker is entitled to a substitute day of rest deal with public holiday pay;.
or.
 - if the staff member had concurred electronically or in composing to work on the public holiday for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the holiday. The employee is not entitled to receive any exceptional pay since they did not perform any work on the vacation.
 
When an employee works only a few of the hours they consented to deal with a public vacation 
 If a staff member has actually agreed electronically or in writing to work on the general public holiday however works only some of the hours they concurred to work, and does not have reasonable cause for stopping working to work all of the hours, the staff member is only entitled to get premium spend for each hour worked on the vacation. The worker has no right to public holiday pay or an alternative day of rest work. 
 Example: A common case 
 Trudi had actually concurred in writing that she would work eight hours on Canada Day but she only worked 4 hours and did not have reasonable cause for failing to work the other four hours. Trudi is entitled just to premium pay for the four hours she worked on the vacation. She is not entitled to public holiday pay or to a substitute day off work. 
 However, if the staff member has affordable cause for working only a few of the hours they consented to deal with the public holiday, then: 
 - the worker is entitled to their regular rate for all the hours worked plus an alternative day of rest work with public vacation pay;.
or.
 - if the staff member had actually agreed electronically or in writing to work on the 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 holiday.
 
Special guidelines for certain markets 
 Special rules use to staff members who operate in the following kinds of services: 
 - hotels, motels and traveler resorts;.
 - dining establishments and taverns;.
 - healthcare facilities and assisted living home;.
 - continuous operations (which are operations, or parts of operations, that do not stop or close more than when a week - such as an oil refinery, alarm-monitoring business or the video games part of a casino if the games tables are open all the time).
 
An employee who operates in any of these organizations can be needed to work on a public vacation without their contract, but just if the vacation falls on a day that the staff member would normally work and the worker is not on vacation. 
 If a staff member is required to work, they are entitled to either: 
 - their [regular rate](https://teachinthailand.org) for the hours worked on the general public holiday, plus a substitute day of rest deal with public vacation pay;.
or.
 - public vacation pay plus premium pay for each hour worked.
 
The company chooses which of these choices will use. 
 Note that the employer's capability to need workers to deal with a public vacation goes through the employee's right to take a day of rest for purposes of spiritual observance under the Ontario Human Rights Code, and to the regards to the employee's employment contract. Note also that specific retail employees who operate in continuous operations (for example, a 24-hour corner store) have the right to refuse to work on a public holiday due to the fact that of the unique guidelines that apply to some retail workers. See the "Retail workers" chapter of this guide to learn more. 
 A worker in the formerly listed services who is needed to deal with a public vacation that falls on their normal working day but fails to do so, with sensible cause, is entitled to: 
 - a replacement vacation with public vacation pay;.
or.
 - public vacation spend for the vacation.
 
The company chooses which choice will use. 
 A staff member in any of these services who is required to work on a public vacation that falls on their ordinary working day however 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 routine rate for each hour dealt with the vacation plus an alternative vacation with public holiday pay;.
or.
 - public vacation spend for the vacation plus premium spend for each hour worked.
 
The company selects which alternative will apply. 
 An employee in any of these services who is needed to deal with a public vacation that falls on their common working day but who fails, without affordable cause, to work part or all of the public vacation is only entitled to receive premium pay for each hour worked on the holiday (if any). The staff member has no right to public vacation pay or a substitute day of rest work. 
 Overtime calculations when a worker receives premium pay 
 Any hours dealt with a public holiday that are compensated with superior pay are not included when determining whether a worker has worked any overtime hours. 
 If work ends 
 Sometimes an employee's job comes to an end before the worker can take a substitute vacation with public vacation pay that they have earned. In this case, the company should pay the employee's public holiday pay at the very same time it pays the employee's final earnings. This is so regardless of the factor the task concerned an end, whether it is due to the fact that the employee gave up, was fired for good factor, or for some other factor.