Qualified Employees can Be Full-time (#1) · Issues · Yvette Fitzgibbons / jobistan

Qualified Employees can Be Full-time

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

Alternatively, the employee can agree electronically or in composing to deal with the holiday and be paid:

- public vacation pay plus premium pay for all hours worked on the public vacation and not receive another day of rest (called a "alternative" vacation);. or.
- be paid their regular earnings for all hours worked on the public holiday and receive another substitute holiday for which they must be paid public holiday pay.
Some staff members might be needed to deal with a public holiday. (See "Special guidelines for certain industries" later in this Chapter.) While a lot of workers are eligible for the general public holiday privilege, some workers operate in jobs that are not covered by the public vacation arrangements of the Employment Standards Act (ESA). To figure out whether a task is covered, or if unique rules use, please describe the Guide to employment standards unique rules and exemptions.

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

See "Public vacation pay" later in this chapter.

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

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

Performing both covered and exempt work

Some workers carry out more than one sort of work for a company. Some of this work might be covered by the public holiday part of the ESA, while another type of work might be exempt from public holiday protection.

If a staff member carries out both sort of work, exempt and covered, they are qualified for the general public vacation privilege with regard to a particular public holiday if at least half of the work carried out in the work week of the general public holiday is work that is covered.

Rupert works for a taxi company as both a taxi cab motorist (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 holiday part of the ESA, he is eligible for the public vacation entitlement for Canada Day.

Getting approved for public holiday privileges

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

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

Qualified workers can be complete time, part-time, long-term or on term contract. It does not matter how recently they were employed, or the number of days they worked before the public vacation.

The "last and very first rule"

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

For instance, a staff member might not be arranged to work the day right before or after the vacation. As long as the staff member works all of their last frequently set up shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they satisfy this certifying requirement.

Reasonable cause

A staff member is typically thought about to have "reasonable cause" for missing out on work when something beyond their control prevents the staff member from working. Employees are accountable for showing that they had reasonable cause for keeping away from work. If they can do so, they still certify for public holiday privileges.

How the last and first guideline works

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

Example: When an employee takes a day off

A public holiday falls on a Monday, and Lev's workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his company for permission to take off the Thursday before the public holiday due to the fact that he has a personal appointment. His employer agrees. Lev's last frequently scheduled work day before the vacation is now considered to be on the Wednesday.

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

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris's workplace is closed for the vacation. Doris normally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the public holiday. The company agrees. Doris's routinely arranged shift on the Thursday before the general public vacation is now thought about to be from 9 a.m. to 3 p.m.

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

Example: When a worker is on trip

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

Example: When an employee is on a leave or layoff

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

Example: When there is no affordable cause

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

Public vacation pay

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

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

The amount of holiday pay payable to consist of in the calculation of public vacation pay depends on whether the worker is on getaway at any time during the four work weeks prior to the general public vacation, and the manner in which the worker is to be paid vacation pay. Please describe the Vacation chapter for information on the various ways trip pay can be paid.

Vacation pay payable

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

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

If an employee is to receive their holiday pay in a swelling amount on a particular date or dates, vacation pay will be included in the calculation of public holiday pay just if that date or dates falls throughout the appropriate four work week duration.

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

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

Example:

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

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

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

Calculating public holiday pay

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

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

Example: When vacation time is involved

Brock works 5 days a week and makes $160 a day. He was on holiday for 2 of the 4 weeks before the public vacation. He receives getaway pay before he takes his holiday. He is paid $1,600 trip pay for his two weeks of vacation. Brock worked his last frequently set up work day before the general public vacation and his very first frequently scheduled work day after the vacation.

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

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

Tegan works three days a week and makes $120 a day. She worked her last frequently scheduled work day before the general public holiday and her first regularly scheduled day after the holiday. She and her company have agreed in composing that she will get 4 percent trip pay on each paycheque.

1. Calculate Tegan's routine incomes earned:. $ 120 each day X 3 days = $360 weekly. $ 360 each week X 4 weeks = $1,440.
2. Calculate her vacation pay payable:. $ 4.80 daily (4% of $120) X 3 days = $14.40 per week. $ 14.40 per week X 4 weeks = $57.60.
3. Add together her routine earnings made and vacation pay payable and divide the sum by 20:. $ 1,440 + $57.60 = $1,497.60. $ 1,497.60 ÷ 20 = $74.88.
Result: Tegan is entitled to $74.88 public vacation pay.

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

Bertie does not work a set number of hours per day or days weekly. Her pay differs from week to week, according to the time she has actually worked. She and her employer have agreed in composing that she will receive four per cent vacation pay on each pay cheque.

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

Example: When an employee is on a leave

Zoe normally works five days a week, earning $120 a day. She gets trip pay before she goes on vacation. 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 earnings or vacation pay. She received maternity and adult gain from the federal Employment Insurance program, however these advantages are not considered "salaries."

Zoe is entitled to get public holiday pay for the public vacations that fall throughout her leave as long as she works her last routinely scheduled day before her leave and her first routinely set up day after her leave, or has reasonable cause for stopping working to do so.

Zoe went on leave on June 10 and just worked 7 days throughout the 4 work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is:

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

Example: When a worker is on a layoff

Eugene usually works 5 days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He received work insurance coverage benefits throughout this time, however these advantages are not thought about "salaries."

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

However, because Eugene did not earn any earnings or trip pay in the 4 work weeks before those two public holidays, the amount of public holiday pay he is entitled to will be $0.

Premium pay

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

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

Substitute vacation

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

A substitute vacation must be set up for a day that is no behind three months after the public vacation for which it was made, or, if the employee has concurred electronically or in writing, the alternative day of rest can be scheduled approximately 12 months after the public vacation.

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

Entitlements for public holidays

Entitlements for public holidays differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the employee works on the holiday. The different privileges are set out listed below.

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

Most workers deserve to get the general public vacation off and earn money public holiday pay. (Some employees may be required to work on a public holiday. See "Special guidelines for particular industries" later in this chapter.)

When a public vacation falls on an employee's non-working day or throughout an employee's getaway

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

- an alternative holiday off with public vacation pay;. or.
- public holiday spend for the public holiday, if the employee consents to this digitally or in writing (in this case, the staff member will not be offered an alternative day of rest).
When a staff member who receives the day off has actually concurred electronically or in composing to deal with a public vacation

Most employees have the right to get the public holiday off and get paid public holiday pay. However, if a worker concurs electronically or in writing to work on the public vacation, there are 2 options:

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

A public holiday falls on among John-Duncan's normal working days. He and his employer have actually agreed electronically or in writing that he will deal with the public holiday which, instead of getting a substitute holiday, he will be paid public vacation pay plus premium pay for all the hours he deals with the vacation.

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

Step 1: compute public holiday pay:

1. Calculate John-Duncan's total regular salaries made in the four work weeks before the general public holiday: 8 hours daily X $20 per hour = $160 per day $ 160 each day X 5 days = $800 each week $ 800 X 4 work weeks = $3,200. John-Duncan made $3,200 in the four work weeks before the public holiday.
2. Calculate the quantity of getaway pay payable with regard to the four work week duration:. John-Duncan receives his vacation pay when he takes his vacation. Because he was not on vacation during the 4 work week duration, the quantity of vacation pay payable with respect to the 4 work weeks before the general public holiday = $0.
3. Add together his overall earnings 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 entitlement is $160.

Step 2: determine exceptional pay

Finally, the premium pay owing to John-Duncan for his work on the public vacation is determined:. $ 20 per hour X 1 1/2 = $30.00. $ 30.00 per hour X 8 hours worked = $240

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

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

When a staff member accepts work on a public vacation but stops working to do so

If a worker has actually concurred digitally or in composing to deal with the general public holiday but does refrain from doing so - and does not have reasonable cause for not having actually done so - the worker has no right to public vacation pay or to a substitute day of rest with pay.

However, if the employee has reasonable cause for not working the public holiday, then entitlements will depend on which of the 2 options listed below the employee picked in exchange for accepting deal with the general public vacation:

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

If an employee has actually agreed electronically or in writing to work on the public vacation however works only a few of the hours they concurred to work, employment and does not have affordable cause for failing to work all of the hours, the staff member is just entitled to receive superior pay for each hour dealt with the vacation. The employee has no right to public vacation pay or a substitute day off work.

Example: A common case

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

However, if the worker has affordable cause for working just some of the hours they consented to work on the public holiday, then:

- the employee is entitled to their regular rate for all the hours worked plus a substitute day off deal with public vacation pay;. or.
- if the worker had actually agreed electronically or in writing to deal with the public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour worked on the holiday.
Special rules for specific industries

Special guidelines use to employees who work in the list below kinds of companies:

- hotels, motels and tourist resorts;.
- dining establishments and taverns;.
- medical facilities and retirement 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 casino if the games tables are open all the time).
A worker who operates in any of these businesses can be required to work on a public vacation without their contract, but only if the holiday falls on a day that the staff member would normally work and the employee is not on holiday.

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

- their routine rate for the hours dealt with the general public holiday, plus a substitute day off work with public holiday pay;. or.
- public holiday pay plus premium pay for each hour worked.
The employer picks which of these alternatives will use.

Note that the company's capability to need staff members to work on a public holiday is subject to the employee's right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the employee's work contract. Note likewise that particular retail workers who work in continuous operations (for example, a 24-hour corner store) deserve to refuse to work on a public holiday because of the unique rules that apply to some retail employees. See the "Retail workers" chapter of this guide for additional information.

A staff member in the formerly noted businesses who is required to deal with a public vacation that falls on their normal working day but fails to do so, with affordable cause, is entitled to:

- a substitute vacation with public vacation pay;. or.
- public vacation spend for the holiday.
The employer chooses which choice will use.

An employee in any of these organizations who is needed to deal with a public vacation that falls on their common working day however who stops working, with sensible cause, to work some of the hours they were required to deal with the vacation is entitled to either:

- their routine rate for each hour worked on the vacation plus a substitute holiday with public holiday pay;. or.
- public vacation spend for the vacation plus premium spend for each hour worked.
The company selects which alternative will use.

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

Overtime computations when an employee receives superior pay

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

If employment ends

Sometimes a staff member's task pertains to an end before the employee can take a replacement vacation with public vacation pay that they have made. In this case, the employer should pay the worker's public holiday pay at the same time it pays the worker's final salaries. This is so regardless of the factor the job concerned an end, whether it is due to the fact that the employee stopped, was fired for great reason, or for some other reason.

Most employees who qualify are entitled to take these days off work and be paid public holiday pay. 
 Alternatively, the employee can agree electronically or in composing to deal with the holiday and be paid: 
 - public vacation pay plus premium pay for all hours worked on the public vacation and not receive another day of rest (called a "alternative" vacation);.
or.
 - be paid their regular earnings for all hours worked on the public holiday and receive another substitute holiday for which they must be paid public holiday pay.
 
Some staff members might be needed to deal with a public holiday. (See "Special guidelines for certain industries" later in this Chapter.) While a lot of workers are eligible for the general public holiday privilege, some workers operate in [jobs](https://ansambemploi.re) that are not covered by the public vacation arrangements of the [Employment](https://wamc1950.com) Standards Act (ESA). To figure out whether a task is covered, or if unique rules use, please describe the Guide to [employment](http://jobpanda.co.uk) standards unique rules and exemptions. 
 Use the [Employment](https://empleos.contatech.org) Standards Self-Service Tool to inspect compliance with public vacations and other work requirements privileges. 
 See "Public vacation pay" later in this chapter. 
 Regular salaries does not consist of any overtime pay, holiday pay, public vacation pay, premium pay, domestic or sexual violence leave pay, termination pay, discontinuance wage or termination of task pay payable to a staff member. 
 While some companies provide their staff members a vacation on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not needed to do so under the ESA. 
 Performing both covered and exempt work 
 Some workers carry out more than one sort of work for a company. Some of this work might be covered by the public holiday part of the ESA, while another type of work might be exempt from public holiday protection. 
 If a staff member carries out both sort of work, exempt and covered, they are qualified for the general public vacation privilege with regard to a particular public holiday if at least half of the work carried out in the work week of the general public holiday is work that is covered. 
 Rupert works for a taxi company as both a taxi cab motorist (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 holiday part of the ESA, he is eligible for the public vacation entitlement for Canada Day. 
 Getting approved for public holiday privileges 
 Generally, workers get approved for the public holiday privilege unless they: 
 - stop working without sensible cause to work all of their last frequently set up day of work before the public vacation or all of their very first frequently set up day of work after the public vacation (this is called the "Last and First Rule");.
or.
 - stop working without affordable cause to work their whole shift on the public holiday if they accepted or were needed to work that day.
 
Note: Most employees who fail to receive the general public vacation entitlement are still entitled to be paid exceptional pay for every hour they deal with the holiday. 
 Qualified workers can be complete time, part-time, long-term or on term contract. It does not matter how recently they were employed, or the number of days they worked before the public vacation. 
 The "last and very first rule" 
 The "last frequently scheduled day of work before the general public vacation" and the "first regularly arranged day of work after the general public vacation" do not need to be the days right before and right after the vacation. 
 For instance, a staff member might not be arranged to work the day right before or after the vacation. As long as the staff member works all of their last frequently set up shift before the vacation and all of the first one after it, or has affordable cause for not working either of those days, they satisfy this certifying requirement. 
 Reasonable cause 
 A staff member is typically thought about to have "reasonable cause" for missing out on work when something beyond their control prevents the staff member from working. Employees are accountable for showing that they had reasonable cause for keeping away from work. If they can do so, they still certify for public holiday privileges. 
 How the last and first guideline works 
 Rosie's routine work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie's workplace 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 sensible cause for stopping working to work either of those days, she qualifies to be paid for the holiday. 
 Example: When an employee takes a day off 
 A public holiday falls on a Monday, and Lev's workplace closes down for that day. Lev routinely works Monday to Thursday. Lev has asked his company for permission to take off the Thursday before the public holiday due to the fact that he has a personal appointment. His employer agrees. Lev's last frequently scheduled work day before the vacation is now considered to be on the Wednesday. 
 If Lev works his whole Wednesday shift before the vacation and his entire Tuesday shift after the holiday, or has affordable cause for not working either of those days, he gets approved for the paid public holiday. 
 Example: When a worker leaves early 
 A public holiday falls on a Friday, and Doris's workplace is closed for the vacation. Doris normally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the public holiday. The company agrees. Doris's routinely arranged shift on the Thursday before the general public vacation is now thought about to be from 9 a.m. to 3 p.m. 
 . If Doris works from 9 a.m. to 3 p.m. on the Thursday and 9 a.m. to 5 p.m. on the following Monday, or has affordable cause for stopping working to do so, she is entitled to the paid public vacation. 
 Example: When a worker is on trip 
 Canada Day falls on July 1. George is on getaway from June 25 to July 9. If George works all of his last routinely scheduled shift before his getaway and first routinely scheduled shift after his getaway - on June 24 and July 10 - or has affordable cause for stopping working to do so, he will get approved for the paid public holiday. 
 Example: When an employee is on a leave or layoff 
 Lydia is on pregnancy leave when the Canada Day vacation occurs. If Lydia works her last regularly scheduled day of work before her leave, and her very 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 vacation. 
 Example: When there is no affordable cause 
 A public holiday falls on a Monday, and Ellen's workplace is closed for the vacation. Ellen does not work on her last scheduled day before the vacation, and she does not have reasonable cause for missing that day. She gets no pay for the holiday. 
 Public vacation pay 
 The quantity of public vacation pay to which a worker is entitled is all of the regular salaries earned by the employee in the four work weeks before the work week with the public vacation plus all of the getaway pay payable to the staff member with respect to the 4 work weeks before the work week with the general public vacation, divided by 20. 
 When to include holiday pay in the calculation of public vacation pay 
 The amount of holiday pay payable to consist of in the calculation of public vacation pay depends on whether the worker is on getaway at any time during the four work weeks prior to the general public vacation, and the manner in which the worker is to be paid vacation pay. Please describe the Vacation chapter for information on the various ways trip pay can be paid. 
 Vacation pay payable 
 If the employee is to be paid their vacation pay before they take a getaway or on or before the pay day for the duration in which the trip falls, getaway pay will be included in the computation of public holiday pay if the employee was on holiday throughout that four work week duration. If the staff member was not on getaway throughout that period, no vacation pay will be included in the computation. 
 If the staff member is to be paid trip pay with every pay cheque the quantity of vacation pay to consist of in the estimation of public holiday pay will be at least 4 percent of all of the staff member's salaries earned throughout the 4 work week period. (Note that if an employee earns a higher portion of vacation pay, such as six percent of earnings, then the "getaway pay payable" will be based on that greater percentage.) 
 If an employee is to receive their holiday pay in a swelling amount on a particular date or dates, vacation pay will be included in the calculation of public holiday pay just if that date or dates falls throughout the appropriate four work week duration. 
 Calculating the four work week period before the work week with a public holiday 
 The 4 weeks before the public vacation is based upon the employer's work week and is not necessarily a calendar week. 
 Example: 
 Christmas Day falls on a Tuesday. Suppose that an employer's work week ranges from Thursday to Wednesday. In this case, the 4 work weeks utilized to determine public vacation pay are those 4 weeks counting backwards from the first Wednesday (the last day of the company's work week) before the work week in which the general public holiday falls. 
 - Week 1: Thursday, November 22 - Wednesday, November 28
 - Week 2: Thursday, November 29 - Wednesday, December 5
 - Week 3: Thursday, December 6 - Wednesday, December 12
 - Week 4: Thursday, December 13 - Wednesday, December 19
 
Public holiday: Tuesday, December 25 
 In this example, the regular salaries made by the staff member and the holiday pay payable to the staff member with respect to the 4 work weeks from November 22 to December 19 are used in the calculation of public holiday pay. 
 Calculating public holiday pay 
 Iryna works five days a week and makes $120 a day. She worked her last frequently set up work day before the public holiday and her first regularly arranged day after the vacation. She gets her getaway pay when her getaway is taken. She was not on getaway throughout the four work weeks leading up to the general public vacation. 
 1. Calculate Iryna's overall regular salaries earned:
$ 120 each day X 5 days = $600 per week
$ 600 per week X 4 work weeks = $2,400.
Iryna earned $2,400 of routine salaries in the 4 work weeks before the general public vacation.
 2. Calculate the amount of holiday pay payable with respect to the 4 work week duration:.
Iryna receives her holiday pay when she takes her holiday. Because she was not on trip throughout the 4 work week duration, the amount of getaway pay payable with regard to the four work weeks before the general public holiday = $0.
 3. Add together her total earnings earned and vacation pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.
 
Result: Iryna is entitled to $120 public vacation pay. 
 Example: When vacation time is involved 
 Brock works 5 days a week and makes $160 a day. He was on holiday for 2 of the 4 weeks before the public vacation. He receives getaway pay before he takes his holiday. He is paid $1,600 trip pay for his two weeks of vacation. Brock worked his last frequently set up work day before the general public vacation and his very first frequently scheduled work day after the vacation. 
 1. Calculate Brock's overall regular salaries earned:.
Brock worked 10 days.
$ 160 each day X 10 days = $1,600.
 2. Calculate the amount of getaway pay:.
Brock was on getaway for two of the four work weeks prior to the work week with the general public holiday, and is paid trip pay before he takes his getaway. The quantity of vacation pay payable with regard to the 4 work weeks prior to the work week with the general public holiday = $1,600.
 3. Combine his total wages made and vacation payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.
 
Result: Brock is entitled to $160 public vacation pay. 
 Example: When an employee works part-time and each pay cheque includes vacation pay 
 Tegan works three days a week and makes $120 a day. She worked her last frequently scheduled work day before the general public holiday and her first regularly scheduled day after the holiday. She and her company have agreed in composing that she will get 4 percent trip pay on each paycheque. 
 1. Calculate Tegan's routine incomes earned:.
$ 120 each day X 3 days = $360 weekly.
$ 360 each week X 4 weeks = $1,440.
 2. Calculate her vacation pay payable:.
$ 4.80 daily (4% of $120) X 3 days = $14.40 per week.
$ 14.40 per week X 4 weeks = $57.60.
 3. Add together her routine earnings made and vacation pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.
 
Result: Tegan is entitled to $74.88 public vacation pay. 
 Example: When there are no set hours and each pay cheque includes getaway pay 
 Bertie does not work a set number of hours per day or days weekly. Her pay differs from week to week, according to the time she has actually worked. She and her employer have agreed in composing that she will receive four per cent vacation pay on each pay cheque. 
 1. Bertie's routine incomes earned throughout the 4 work weeks before the holiday are $1,500.
 2. Calculate her vacation pay payable:.
$ 1,500 X 4% = $60.
 3. Combine her regular incomes made and getaway pay payable and divide the sum by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.
 
Result: Bertie is entitled to $78 public vacation pay. 
 Example: When an employee is on a leave 
 Zoe normally works five days a week, earning $120 a day. She gets trip pay before she goes on vacation. 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 earnings or vacation pay. She received maternity and adult gain from the federal Employment Insurance program, however these advantages are not considered "salaries." 
 Zoe is entitled to get public holiday pay for the public vacations that fall throughout her leave as long as she works her last routinely scheduled day before her leave and her first routinely set up day after her leave, or has reasonable cause for stopping working to do so. 
 Zoe went on leave on June 10 and just worked 7 days throughout the 4 work weeks before the Canada Day public vacation. Her public holiday pay for Canada Day is: 
 - Regular salaries made: $120 a day X 7 days = $840.
 - Vacation pay payable: $0 (she was not on trip throughout the 4 work week duration).
 - Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.
 
Her public holiday spend for the rest of the public holidays that fall during her leave will be $0. This is since she will not have made any incomes or holiday pay on any of the days during the 4 work weeks before each of those vacations. 
 Example: When a worker is on a layoff 
 Eugene usually works 5 days a week, making $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He received work insurance coverage benefits throughout this time, however these advantages are not thought about "salaries." 
 Eugene was recalled to work on December 27. He is entitled to be paid public holiday pay for Christmas Day and Boxing Day as long as he works his last regularly scheduled day before the layoff and his first frequently set up day after the layoff, or has sensible cause for stopping working to do so. 
 However, because Eugene did not earn any earnings or trip pay in the 4 work weeks before those two public holidays, the amount of public holiday pay he is entitled to will be $0. 
 Premium pay 
 Premium pay is 1 1/2 times a staff member's regular rate of pay. If a staff member is entitled to receive exceptional spend for deal with a public holiday, they need to be paid 1 1/2 times their regular rate of spend for each hour worked. 
 For instance, Nathan's regular rate of pay is $20 an hour. This implies that his premium pay will be $30.00 an hour ($ 20.00 X 1 1/2). 
 Substitute vacation 
 A replacement vacation is another working day of rest work that is designated to change a public holiday. Employees are entitled to be paid public vacation pay for an alternative vacation. 
 A substitute vacation must be set up for a day that is no behind three months after the public vacation for which it was made, or, if the employee has concurred electronically or in writing, the alternative day of rest can be scheduled approximately 12 months after the public vacation. 
 If an employee gets an alternative holiday, the employer must supply the employee with a composed statement that sets out the general public vacation that is being substituted, the date of the alternative vacation, and the date that the declaration was offered to the employee. This statement should be offered to the staff member before the public vacation. 
 Entitlements for public holidays 
 Entitlements for public holidays differ depending upon such things as whether the vacation falls on a working day or a non-working day and whether the employee works on the holiday. The different privileges are set out listed below. 
 When a public holiday falls on a working day but the worker does not work 
 Most workers deserve to get the general public vacation off and earn money public holiday pay. (Some employees may be required to work on a public holiday. See "Special guidelines for particular industries" later in this chapter.) 
 When a public vacation falls on an employee's non-working day or throughout an employee's getaway 
 When a public holiday falls on a day that is not generally a working day for a worker, or during the worker's vacation, the staff member is entitled to either: 
 - an alternative holiday off with public vacation pay;.
or.
 - public holiday spend for the public holiday, if the employee consents to this digitally or in writing (in this case, the staff member will not be offered an alternative day of rest).
 
When a staff member who receives the day off has actually concurred electronically or in composing to deal with a public vacation 
 Most employees have the right to get the public holiday off and get paid public holiday pay. However, if a worker concurs electronically or in writing to work on the public vacation, there are 2 options: 
 - the employee is entitled to get regular incomes for all hours dealt with the public vacation, plus a substitute day of rest deal with public holiday pay;.
or.
 - if the worker agrees digitally or in composing, they are entitled to public holiday spend for the general public holiday plus premium pay for all hours worked on the public holiday. In this case, the staff member will not be provided an alternative day of rest.
 
Example: Calculating public vacation pay plus premium pay 
 A public holiday falls on among John-Duncan's normal working days. He and his employer have actually agreed electronically or in writing that he will deal with the public holiday which, instead of getting a substitute holiday, he will be paid public vacation pay plus premium pay for all the hours he deals with the vacation. 
 John-Duncan frequently works 8 hours a day, five days a week. His regular hourly pay rate is $20. He has dealt with all his scheduled work days in the 4 work weeks before the public holiday. He works 8 hours on the public holiday. He gets his trip pay when his vacation is taken. He was not on getaway throughout the 4 work weeks up to the public holiday 
 Step 1: compute public holiday pay: 
 1. Calculate John-Duncan's total regular salaries made in the four work weeks before the general public holiday:
8 hours daily X $20 per hour = $160 per day
$ 160 each day X 5 days = $800 each week
$ 800 X 4 work weeks = $3,200.
John-Duncan made $3,200 in the four work weeks before the public holiday.
 2. Calculate the quantity of getaway pay payable with regard to the four work week duration:.
John-Duncan receives his vacation pay when he takes his vacation. Because he was not on vacation during the 4 work week duration, the quantity of vacation pay payable with respect to the 4 work weeks before the general public holiday = $0.
 3. Add together his overall earnings 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 entitlement is $160. 
 Step 2: determine exceptional pay 
 Finally, the premium pay owing to John-Duncan for his work on the public vacation is determined:.
$ 20 per hour X 1 1/2 = $30.00.
$ 30.00 per hour X 8 hours worked = $240 
 John-Duncan's premium pay privilege is $240. 
 Result: John-Duncan is entitled to public holiday pay of $160 and premium pay of $240, for a total of $400. 
 When a staff member accepts work on a public vacation but stops working to do so 
 If a worker has actually concurred digitally or in composing to deal with the general public holiday but does refrain from doing so - and does not have reasonable cause for not having actually done so - the worker has no right to public vacation pay or to a substitute day of rest with pay. 
 However, if the employee has reasonable cause for not working the public holiday, then entitlements will depend on which of the 2 options listed below the employee picked in exchange for accepting deal with the general public vacation: 
 - if the employee had concurred electronically or in writing to deal with the public holiday for regular salaries plus a substitute day of rest with public holiday pay, the worker is entitled to an alternative day of rest work with public holiday pay;.
or.
 - if the staff member had actually 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 vacation pay for the vacation. The staff member is not entitled to receive any premium pay since they did not perform any work on the holiday.
 
When a staff member works only a few of the hours they consented to work on a public holiday 
 If an employee has actually agreed electronically or in writing to work on the public vacation however works only a few of the hours they concurred to work, [employment](http://akropolistravel.com/modules.php?name=Your_Account&op=userinfo&username=ArlethaJon) and does not have affordable cause for failing to work all of the hours, the staff member is just entitled to receive superior pay for each hour dealt with the vacation. The employee has no right to public vacation pay or a substitute day off work. 
 Example: A common case 
 Trudi had actually agreed in writing that she would work eight hours on Canada Day however she just worked 4 hours and did not have affordable cause for failing to work the other four hours. Trudi is entitled only to premium pay for the 4 hours she worked on the holiday. She is not entitled to public holiday pay or to a substitute day of rest work. 
 However, if the worker has affordable cause for working just some of the hours they consented to work on the public holiday, then: 
 - the employee is entitled to their regular rate for all the hours worked plus a substitute day off deal with public vacation pay;.
or.
 - if the worker had actually agreed electronically or in writing to deal with the public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium pay for every hour worked on the holiday.
 
Special rules for specific industries 
 Special guidelines use to employees who work in the list below kinds of companies: 
 - hotels, motels and tourist resorts;.
 - dining establishments and taverns;.
 - medical facilities and retirement 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 casino if the games tables are open all the time).
 
A worker who operates in any of these businesses can be required to work on a public vacation without their contract, but only if the holiday falls on a day that the staff member would normally work and the employee is not on holiday. 
 If a staff member is needed to work, they are entitled to either: 
 - their routine rate for the hours dealt with the general public holiday, plus a substitute day off work with public holiday pay;.
or.
 - public holiday pay plus premium pay for each hour worked.
 
The employer picks which of these alternatives will use. 
 Note that the company's capability to need staff members to work on a public holiday is subject to the employee's right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, and to the terms of the employee's work contract. Note likewise that particular retail workers who work in continuous operations (for example, a 24-hour corner store) deserve to refuse to work on a public holiday because of the unique rules that apply to some retail employees. See the "Retail workers" chapter of this guide for additional information. 
 A staff member in the formerly noted businesses who is required to deal with a public vacation that falls on their normal working day but fails to do so, with affordable cause, is entitled to: 
 - a substitute vacation with public vacation pay;.
or.
 - public vacation spend for the holiday.
 
The employer chooses which choice will use. 
 An employee in any of these organizations who is needed to deal with a public vacation that falls on their common working day however who stops working, with sensible cause, to work some of the hours they were required to deal with the vacation is entitled to either: 
 - their routine rate for each hour worked on the vacation plus a substitute holiday with public holiday pay;.
or.
 - public vacation spend for the vacation plus premium spend for each hour worked.
 
The company selects which alternative will use. 
 A worker in any of these businesses who is required to deal with a public holiday that falls on their regular working day but who stops working, without sensible cause, to work part or all of the general public vacation is just entitled to receive exceptional spend for each hour dealt with the holiday (if any). The employee has no right to public holiday pay or an alternative day of rest work. 
 Overtime computations when an employee receives superior pay 
 Any hours worked on a public holiday that are compensated with superior pay are not consisted of when determining whether a worker has worked any overtime hours. 
 If employment ends 
 Sometimes a staff member's task pertains to an end before the employee can take a replacement vacation with public vacation pay that they have made. In this case, the employer should pay the worker's public holiday pay at the same time it pays the worker's final salaries. This is so regardless of the factor the [job](https://labourinvestment.msgsec.info) concerned an end, whether it is due to the fact that the employee stopped, was fired for great reason, or for some other reason.