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

Alternatively, the staff member can agree electronically or in composing to deal with the vacation and be paid:

- public vacation pay plus premium spend for all hours worked on the public holiday and not receive another day of rest (called a "replacement" holiday);.
or.

- be paid their routine wages for all hours dealt with the general public vacation and receive another replacement vacation for which they should be paid public holiday pay.


Some workers may be required to deal with a public vacation. (See "Special rules for particular markets" later on in this Chapter.) While many employees are qualified for the general public vacation entitlement, some employees operate in tasks that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To identify whether a task is covered, or if unique rules use, please refer to the Guide to employment requirements unique guidelines and exemptions.

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

See "Public holiday pay" later in this chapter.

Regular salaries does not include any overtime pay, vacation pay, public vacation 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 offer their workers a holiday on Easter Sunday, Easter Monday, the very first Monday in August, or Remembrance Day, the employer is not required to do so under the ESA.

Performing both covered and exempt work

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

If a staff member carries out both kinds of work, exempt and covered, they are qualified for the general public vacation entitlement with regard to a particular public vacation 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 business as both a taxi cab motorist (work that is exempt from public vacation protection) 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 public holiday privilege for Canada Day.

Receiving public vacation privileges

Generally, workers receive the general public holiday entitlement unless they:

- fail without reasonable cause to work all of their last frequently scheduled day of work before the general public vacation or all of their very first regularly set up day of work after the public vacation (this is called the "Last and First Rule");.
or.

- fail without sensible cause to work their entire shift on the public holiday if they concurred to or were needed to work that day.


Note: Most staff members who stop working to get approved for the general public vacation privilege are still entitled to be paid superior pay for every hour they deal with the holiday.

Qualified staff members can be complete time, part-time, long-term or on term agreement. It does not matter how recently they were employed, or the number of days they worked before the general public holiday.

The "last and first guideline"

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

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

Reasonable cause

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

How the last and very first rule works

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

Example: When a worker takes a day off

A public holiday falls on a Monday, and Lev's work environment shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for consent to remove the Thursday before the public vacation since he has a personal appointment. His company concurs. Lev's last regularly set up work day before the vacation 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 reasonable cause for not working either of those days, he receives the paid public holiday.

Example: When an employee leaves early

A public vacation falls on a Friday, and Doris's work environment is closed for the vacation. Doris usually works from 9 a.m. to 5 p.m., Monday to Friday. However, she wishes to leave at 3 p.m. on the Thursday before the public holiday. The employer concurs. Doris's frequently scheduled shift on the Thursday before the public vacation is now considered to be from 9 a.m. to 3 p.m.

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

Example: When an employee is on getaway

Canada Day falls on July 1. George is on vacation from June 25 to July 9. If George works all of his last regularly scheduled shift before his vacation and first frequently arranged 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 holiday.

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

Lydia is on pregnancy leave when the Canada Day holiday happens. If Lydia works her last regularly set up day of work before her leave, and her very first frequently arranged 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 work environment is closed for the vacation. Ellen does not work on her last scheduled day before the holiday, and she does not have sensible cause for missing that day. She gets no spend for the vacation.

Public holiday pay

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

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

The quantity of trip pay payable to include in the computation of public vacation pay depends upon whether the employee is on vacation at any time throughout the 4 work weeks prior to the public vacation, and the way in which the worker is to be paid trip pay. Please describe the Vacation chapter for information on the different ways holiday pay can be paid.

Vacation pay payable

If the staff member is to be paid their trip pay before they take a getaway or on or before the pay day for the duration in which the getaway falls, holiday pay will be included in the calculation of public vacation pay if the worker was on getaway throughout that 4 work week period. If the worker was not on holiday during that period, no trip pay will be consisted of in the computation.

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

If a staff member is to receive their getaway pay in a lump sum on a specific date or dates, getaway pay will be consisted of in the calculation of public vacation pay only if that date or dates falls during the appropriate 4 work week period.

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

The 4 weeks before the general public vacation is based on the company'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 holiday pay are those four weeks counting backwards from the very first Wednesday (the last day of the employer's work week) before the work week in which the public holiday falls.

- Week 1: Thursday, November 22 - Wednesday, November 28

- Week 2: Thursday, November 29 - Wednesday, December 5

- Week 3: Thursday, December 6 - Wednesday, December 12

- Week 4: Thursday, December 13 - Wednesday, December 19


Public vacation: Tuesday, December 25

In this example, the regular incomes earned by the employee and the holiday pay payable to the employee with regard to the four work weeks from November 22 to December 19 are utilized in the calculation of public holiday pay.

Calculating public vacation pay

Iryna works 5 days a week and makes $120 a day. She worked her last regularly set up work day before the public holiday and her very first regularly arranged day after the holiday. She receives her trip pay when her getaway is taken. She was not on holiday during the four work weeks leading up to the public holiday.

1. Calculate Iryna's overall regular earnings earned:
$ 120 daily X 5 days = $600 per week
$ 600 each week X 4 work weeks = $2,400.
Iryna made $2,400 of routine salaries in the four work weeks before the public holiday.

2. Calculate the amount of holiday pay payable with regard to the four work week period:.
Iryna receives her getaway pay when she takes her getaway. Because she was not on trip during the four work week period, the quantity of holiday pay payable with respect to the 4 work weeks before the public holiday = $0.

3. Total her total earnings made and holiday pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.


Result: Iryna is entitled to $120 public holiday pay.

Example: When trip time is involved

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

1. Calculate Brock's total regular salaries made:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

2. Calculate the quantity of holiday pay:.
Brock was on holiday for two of the four work weeks prior to the work week with the general public vacation, and is paid vacation pay before he takes his getaway. The quantity of holiday pay payable with respect to the four work weeks prior to the work week with the public holiday = $1,600.

3. Add together his total wages made and holiday payable and divide the amount by 20:.
$ 1,600 + $1,600 = $3,200.
$ 3,200 ÷ 20 = $160.


Result: Brock is entitled to $160 public vacation pay.

Example: When a worker works part-time and each pay cheque includes trip pay

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

1. Calculate Tegan's regular salaries made:.
$ 120 each day X 3 days = $360 weekly.
$ 360 weekly X 4 weeks = $1,440.

2. Calculate her getaway pay payable:.
$ 4.80 daily (4% of $120) X 3 days = $14.40 weekly.
$ 14.40 per week X 4 weeks = $57.60.

3. Combine her regular wages made and trip pay payable and divide the sum by 20:.
$ 1,440 + $57.60 = $1,497.60.
$ 1,497.60 ÷ 20 = $74.88.


Result: Tegan is entitled to $74.88 public vacation pay.

Example: When there are no set hours and each pay cheque consists of vacation pay

Bertie does not work a set number of hours per day or days weekly. Her pay varies from week to week, according to the time she has worked. She and her company have agreed in composing that she will get 4 percent trip pay on each pay cheque.

1. Bertie's regular incomes made throughout the 4 work weeks before the holiday are $1,500.

2. Calculate her trip pay payable:.
$ 1,500 X 4% = $60.

3. Total her regular incomes earned and getaway pay payable and divide the amount by 20:.
$ 1,500 + $60 = $1,560.
$ 1,560 ÷ 20 = $78.


Result: Bertie is entitled to $78 public vacation pay.

Example: When a worker is on a leave

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

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

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

Zoe went on leave on June 10 and only worked 7 days throughout the 4 work weeks before the Canada Day public vacation. Her public vacation spend 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 four work week duration).

- Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public holiday pay.


Her public vacation spend for the rest of the public vacations that fall throughout her leave will be $0. This is due to the fact that she will not have actually earned any salaries or trip pay on any of the days throughout the 4 work weeks before each of those vacations.

Example: When a worker is on a layoff

Eugene generally works 5 days a week, earning $100 a day. He was put on short-term layoff on November 15. During his layoff, Eugene was not paid wages or holiday pay. He got employment insurance benefits throughout this time, but these benefits are not considered "salaries."

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

However, since Eugene did not earn any wages or getaway 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 worker is entitled to receive exceptional pay for deal with a public vacation, they should be paid 1 1/2 times their regular rate of pay for each hour worked.

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

Substitute holiday

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

A replacement vacation need to be scheduled for a day that is no later than three months after the general public vacation for which it was earned, or, if the worker has agreed electronically or in writing, the substitute day off can be arranged approximately 12 months after the general public holiday.

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

Entitlements for public holidays

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

When a public vacation falls on a working day but the employee does not work

Most staff members can get the general public vacation off and get paid public vacation pay. (Some workers may be needed to deal with a public vacation. See "Special guidelines for specific industries" later on in this chapter.)

When a public holiday falls on an employee's non-working day or throughout a worker's trip

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

- a replacement vacation off with public vacation pay;.
or.

- public vacation spend for the public vacation, if the staff member accepts this digitally or in composing (in this case, the worker will not be offered a substitute day off).


When a worker who gets approved for the day off has actually concurred digitally or in writing to work on a public vacation

Most staff members deserve to get the public vacation off and get paid public holiday pay. However, if a staff member concurs digitally or in composing to work on the general public vacation, there are 2 choices:

- the worker is entitled to get regular incomes for all hours worked on the public vacation, plus an alternative day off work with public holiday pay;.
or.

- if the staff member agrees electronically or in writing, they are entitled to public vacation pay for the general public holiday plus premium spend for all hours dealt with the general public holiday. In this case, the employee will not be offered a substitute day off.


Example: Calculating public holiday pay plus premium pay

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

John-Duncan frequently works eight hours a day, 5 days a week. His routine per hour pay rate is $20. He has dealt with all his scheduled work days in the four work weeks before the public holiday. He works eight hours on the public vacation. 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 overall routine wages earned in the 4 work weeks before the general public vacation:
8 hours each day X $20 per hour = $160 daily
$ 160 per day X 5 days = $800 weekly
$ 800 X 4 work weeks = $3,200.
John-Duncan earned $3,200 in the 4 work weeks before the general public holiday.

2. Calculate the quantity of trip pay payable with regard to the four work week duration:.
John-Duncan receives his vacation pay when he takes his getaway. 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 vacation = $0.

3. Total his total earnings earned and vacation pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.


John-Duncan's public holiday pay entitlement is $160.

Step 2: calculate exceptional pay

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

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

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

When an employee accepts deal with a public vacation however stops working to do so

If an employee has actually agreed digitally or in composing to deal with the general public holiday however does not do so - and does not have affordable cause for not having done so - the staff member has no right to public vacation pay or to an alternative day off with pay.

However, if the employee has sensible cause for not working the public holiday, then privileges will depend on which of the two options listed below the worker picked in exchange for accepting work on the public holiday:

- if the staff member had actually concurred electronically or in composing to work on the public vacation for regular incomes plus a substitute day off with public holiday pay, the staff member is entitled to an alternative day off deal with public vacation pay;.
or.

- if the worker had actually agreed digitally or in writing to deal with the general public vacation for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay for the vacation. The worker is not entitled to get any premium pay since they did not carry out any deal with the vacation.


When a worker works only a few of the hours they accepted work on a public holiday

If an employee has actually concurred digitally or in composing to deal with the general public holiday however works just a few of the hours they consented to work, and does not have affordable cause for failing to work all of the hours, the employee is just entitled to receive superior pay for each hour worked on the vacation. The worker has no right to public holiday pay or an alternative day off work.

Example: A typical case

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

However, if the employee has sensible cause for working only 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 an alternative day of rest deal with public holiday pay;.
or.

- if the employee had concurred electronically or in writing to deal with the general public vacation for public vacation pay plus premium spend for each hour worked, they are entitled to be paid public holiday pay plus premium pay for every hour dealt with the vacation.


Special rules for certain markets

Special rules apply to workers who work in the following types of companies:

- hotels, motels and traveler resorts;.

- dining establishments and pubs;.

- medical facilities and retirement home;.

- constant operations (which are operations, or parts of operations, that do not stop or close more than as soon as a week - such as an oil refinery, alarm-monitoring company or the video games part of a gambling establishment if the video games tables are open around the clock).


An employee who works in any of these organizations can be required to deal with a public vacation without their agreement, but just if the vacation falls on a day that the employee would generally work and the employee is not on trip.

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

- their regular rate for the hours dealt with the general public holiday, plus a substitute day of rest work with public vacation pay;.
or.

- public holiday pay plus premium spend for each hour worked.


The employer chooses which of these choices will apply.

Note that the employer's ability to require staff members to work on a public holiday is subject to the worker's right to take a day off for purposes of spiritual observance under the Ontario Human Rights Code, employment and to the regards to the staff member's employment contract. Note likewise that particular retail employees who work in continuous operations (for instance, a 24-hour corner store) deserve to refuse to work on a public vacation due to the fact that of the unique guidelines that apply to some retail employees. See the "Retail workers" chapter of this guide for more details.

A worker in the formerly listed companies who is required to deal with a public holiday that falls on their ordinary working day but fails to do so, with reasonable cause, is entitled to:

- a substitute vacation with public vacation pay;.
or.

- public holiday pay for the holiday.


The company chooses which choice will use.

A staff member in any of these companies who is required to work on a public holiday that falls on their regular working day however who stops working, with reasonable cause, to work a few of the hours they were needed to deal with the holiday is entitled to either:

- their routine rate for each hour dealt with the holiday plus an alternative holiday with public vacation pay;.
or.

- public vacation spend for the holiday plus premium spend for each hour worked.


The company chooses which option will apply.

A staff member in any of these organizations who is needed to work on a public holiday that falls on their ordinary working day however who stops working, without reasonable cause, to work part or all of the public vacation is only entitled to receive premium spend for each hour worked on the holiday (if any). The worker has no right to public holiday pay or an alternative day off work.

Overtime estimations when an employee receives exceptional pay

Any hours dealt with a public holiday that are compensated with premium pay are not consisted of when figuring out whether an employee has actually worked any overtime hours.

If work ends

Sometimes a worker's job concerns an end before the staff member can take a substitute holiday with public holiday pay that they have actually earned. In this case, the company should pay the worker's public vacation pay at the same time it pays the worker's final wages. This is so no matter the reason the job came to an end, whether it is because the employee stopped, was fired for great factor, or for some other reason.