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

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

- public vacation pay plus premium pay for all hours worked on the public vacation and not receive another day off (called a "alternative" holiday);. or.
- be paid their routine incomes for job all hours worked on the public holiday and receive another substitute holiday for which they need to be paid public holiday pay.
Some employees may be needed to work on a public holiday. (See "Special guidelines for particular industries" later in this Chapter.) While most employees are eligible for the general public holiday entitlement, some workers work in jobs that are not covered by the public vacation provisions of the Employment Standards Act (ESA). To identify whether a job is covered, or if unique rules apply, please refer to the Guide to employment requirements unique guidelines and exemptions.

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

See "Public vacation pay" later in this chapter.

Regular salaries does not consist of any overtime pay, job getaway pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination pay, severance pay or termination of project pay payable to an employee.

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

Performing both covered and exempt work

Some workers perform more than one kind of work for a company. 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 holiday protection.

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

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

Qualifying for public vacation entitlements

Generally, employees receive the general public holiday privilege unless they:

- stop working without affordable cause to work all of their last routinely scheduled day of work before the public holiday or all of their first regularly scheduled day of work after the public vacation (this is called the "Last and First Rule");. or.
- stop working without affordable cause to work their entire shift on the general public vacation if they agreed to or were needed to work that day.
Note: Most workers who stop working to get approved for the general public vacation privilege are still entitled to be paid superior spend for every hour they work on the holiday.

Qualified employees can be full time, part-time, irreversible or on term agreement. It does not matter how recently they were worked with, or the number of days they worked before the general public holiday.

The "last and first rule"

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

For example, a staff member may not be scheduled to work the day right before or after the vacation. As long as the employee works all of their last regularly arranged 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 meet this qualifying requirement.

Reasonable cause

A worker is normally thought about to have "reasonable cause" for missing work when something beyond their control prevents the staff member from working. Employees are accountable for revealing that they had reasonable cause for keeping away from work. If they can do so, they still get approved for public vacation entitlements.

How the last and very first guideline works

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

Example: When an employee takes a day off

A public vacation falls on a Monday, and Lev's office closes down for that day. Lev regularly works Monday to Thursday. Lev has actually asked his company for permission to take off the Thursday before the public holiday since he has an individual consultation. His employer 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 job his whole Tuesday shift after the vacation, or has reasonable cause for not working either of those days, he qualifies for the paid public vacation.

Example: When a worker leaves early

A public vacation falls on a Friday, and Doris's workplace is closed for the vacation. 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 company concurs. Doris's regularly arranged shift on the Thursday before the 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 reasonable cause for stopping working to do so, she is entitled to the paid public holiday.

Example: When a staff member is on holiday

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

Example: When a worker is on a leave or layoff

Lydia is on pregnancy leave when the Canada Day holiday 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 sensible cause for failing to do so, she will be entitled to the paid public holiday.

Example: When there is no sensible cause

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

Public holiday pay

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

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

The quantity of trip pay payable to consist of in the computation of public holiday pay depends on whether the worker is on holiday at any time during the four work weeks prior to the public vacation, and job the manner in which the employee is to be paid vacation pay. Please refer to the Vacation chapter for details on the different methods holiday pay can be paid.

Vacation pay payable

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

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

If a staff member is to receive their trip pay in a swelling sum on a specific date or dates, trip pay will be included in the estimation of public vacation pay only if that date or dates falls during the pertinent 4 work week duration.

Calculating the 4 work week duration before the work week with a public holiday

The 4 weeks before the general public holiday is based upon the employer's work week and is not always 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 used to calculate public vacation pay are those four weeks counting in reverse 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: job Thursday, December 13 - Wednesday, December 19
Public holiday: Tuesday, December 25

In this example, the routine salaries made by the employee and the getaway pay payable to the employee with respect to the four work weeks from November 22 to December 19 are utilized in the calculation of public vacation pay.

Calculating public vacation pay

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

1. Calculate Iryna's overall regular incomes made: $ 120 daily X 5 days = $600 each week $ 600 weekly X 4 work weeks = $2,400. Iryna earned $2,400 of regular earnings in the 4 work weeks before the public vacation.
2. Calculate the amount of trip pay payable with respect to the 4 work week duration:. Iryna receives her holiday pay when she takes her vacation. Because she was not on getaway during the four work week period, the amount of getaway pay payable with regard to the four 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 holiday pay.

Example: When trip time is included

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

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

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

1. Calculate Tegan's made:. $ 120 daily X 3 days = $360 each week. $ 360 weekly X 4 weeks = $1,440.
2. Calculate her holiday pay payable:. $ 4.80 per day (4% of $120) X 3 days = $14.40 weekly. $ 14.40 per week X 4 weeks = $57.60.
3. Add together her routine salaries 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 getaway 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 writing that she will get four per cent trip pay on each pay cheque.

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

Example: When a staff member is on a leave

Zoe typically works 5 days a week, making $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 earnings or getaway pay. She got maternity and adult gain from the federal Employment Insurance program, but these benefits are ruled out "earnings."

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

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

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

Example: When a staff member is on a layoff

Eugene usually works five days a week, earning $100 a day. He was put on temporary layoff on November 15. During his layoff, Eugene was not paid earnings or holiday pay. He received employment insurance coverage advantages throughout this time, but these advantages are not considered "wages."

Eugene was remembered 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 arranged day before the layoff and his very first routinely arranged day after the layoff, or has reasonable cause for stopping working to do so.

However, because Eugene did not earn any wages or vacation pay in the 4 work weeks before those 2 public holidays, the quantity of public vacation 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 receive exceptional pay for work on a public vacation, they should be paid 1 1/2 times their routine 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 substitute vacation is another working day of rest work that is designated to change a public vacation. Employees are entitled to be paid public vacation spend for a substitute vacation.

A replacement holiday need to be arranged for a day that is no behind 3 months after the general public holiday for which it was earned, or, if the employee has agreed electronically or in composing, the alternative day off can be scheduled up to 12 months after the public holiday.

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

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 employee deals with the vacation. The various privileges are set out below.

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

Most employees deserve to get the public vacation off and get paid public holiday pay. (Some staff members may be needed to deal with a public holiday. See "Special rules for particular markets" later on in this chapter.)

When a public holiday falls on a worker's non-working day or throughout a worker's vacation

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

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

Most staff members can get the general public vacation off and earn money public vacation pay. However, if a staff member agrees electronically or in composing to work on the public vacation, there are two choices:

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

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

John-Duncan routinely works eight hours a day, five days a week. His routine per hour 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 holiday during the 4 work weeks leading up to the general public holiday

Step 1: compute public vacation pay:

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

Step 2: determine premium 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 exceptional pay of $240, for a total of $400.

When an employee accepts work on a public vacation however fails to do so

If an employee has concurred electronically or in composing to work on the general public holiday but does refrain from doing so - and does not have sensible cause for not having done so - the worker has no right to public holiday pay or to a substitute day off with pay.

However, if the employee has affordable cause for not working the general public vacation, then entitlements will depend upon which of the 2 alternatives below the employee selected in exchange for accepting work on the general public holiday:

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

If an employee has concurred electronically or in composing to deal with the general public holiday but works just a few of the hours they accepted work, and does not have reasonable cause for stopping working to work all of the hours, the staff member is just entitled to receive exceptional pay for each hour worked on the holiday. The employee has no right to public vacation pay or an alternative day off work.

Example: A common case

Trudi had agreed in composing that she would work eight hours on Canada Day however she just worked four hours and did not have sensible cause for stopping working to work the other 4 hours. Trudi is entitled only to premium pay for the 4 hours she worked on the holiday. She is not entitled to public vacation pay or to an alternative day of rest work.

However, if the staff member has reasonable cause for working just a few of the hours they consented to work on the general public holiday, then:

- the staff member is entitled to their regular rate for all the hours worked plus an alternative day of rest deal with public vacation pay;. or.
- if the employee had actually concurred electronically or in composing to work on the general public vacation for public vacation pay plus premium pay for each hour worked, they are entitled to be paid public vacation pay plus premium spend for every hour worked on the holiday.
Special guidelines for specific industries

Special guidelines apply to workers who operate in the list below types of organizations:

- hotels, motels and traveler resorts;.
- restaurants and taverns;.
- healthcare facilities and retirement home;.
- constant operations (which are operations, or parts of operations, that do not stop or close more than as soon as a week - such as an oil refinery, alarm-monitoring business or the games part of a casino if the video games tables are open around the clock).
An employee who operates in any of these businesses can be needed to deal with a public holiday without their agreement, but only if the vacation falls on a day that the worker would usually work and the employee is not on vacation.

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

- their regular rate for the hours dealt with the general public holiday, plus an alternative day of rest work with public holiday pay;. or.
- public holiday pay plus premium spend for each hour worked.
The employer picks which of these options will use.

Note that the company's capability to need staff members to work on 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 worker's employment contract. Note also that particular retail workers who operate in continuous operations (for example, a 24-hour convenience shop) can decline to work on a public vacation due to the fact that 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 previously listed services who is needed to work on a public vacation that falls on their common working day but fails to do so, with reasonable cause, is entitled to:

- a replacement vacation with public vacation pay;. or.
- public holiday spend for the holiday.
The company picks which choice will apply.

An employee in any of these services who is required to deal with a public vacation that falls on their normal working day however who fails, with reasonable cause, to work some of the hours they were needed to work on the holiday 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 chooses which choice will use.

A worker in any of these businesses who is needed to work on a public holiday that falls on their regular working day however who fails, without sensible cause, to work part or all of the general public vacation is just entitled to get premium pay for each hour worked on the vacation (if any). The staff member has no right to public holiday pay or a substitute day of rest work.

Overtime computations when an employee gets premium pay

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

If work ends

Sometimes an employee's job pertains to an end before the staff member can take an alternative vacation with public vacation pay that they have made. In this case, the company must pay the worker's public vacation pay at the same time it pays the worker's last incomes. This is so no matter the factor the job pertained to an end, whether it is because the employee stopped, was fired for good reason, or for some other factor.