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

Alternatively, the employee can concur digitally or in writing to work on the vacation and be paid:

- public vacation pay plus premium spend for all hours dealt with the general public vacation and not get another day of rest (called a "alternative" vacation);. or.
- be paid their regular incomes for all hours dealt with the public holiday and receive another replacement vacation for which they need to be paid public holiday pay.
Some employees may be required to work on a public vacation. (See "Special guidelines for particular industries" later on in this Chapter.) While the majority of workers are eligible for the public holiday entitlement, some employees work in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To identify whether a task is covered, or if special rules apply, please describe the Guide to work standards special rules and exemptions.

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

See "Public holiday pay" later in this chapter.

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

While some companies give their workers a holiday 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 staff members carry out more than one kind of work for an employer. A few of this work may be covered by the public holiday part of the ESA, while another kind of work might be exempt from public holiday coverage.

If an employee performs both sort of work, exempt and covered, they are eligible for the public vacation entitlement with regard to a specific public vacation 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 company as both a taxi cab motorist (work that is exempt from public holiday 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 qualified for the public holiday entitlement for Canada Day.

Qualifying for public vacation entitlements

Generally, employees receive the public holiday privilege unless they:

- stop working without affordable cause to work all of their last frequently set up day of work before the general public holiday or all of their first routinely set up day of work after the public holiday (this is called the "Last and First Rule");. or.
- stop working without affordable cause to work their entire shift on the public vacation if they accepted or were required to work that day.
Note: Most workers who stop working to certify for the general public vacation entitlement are still entitled to be paid superior pay for every hour they work on the vacation.

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

The "last and very first rule"

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

For instance, an employee may not be scheduled to work the day right before or after the vacation. As long as the worker works all of their last frequently arranged shift before the vacation and all of the very first one after it, or has affordable cause for not working either of those days, they meet this qualifying criterion.

Reasonable cause

An employee is usually considered to have "sensible cause" for missing work when something beyond their control avoids the staff member from working. Employees are accountable for showing that they had sensible cause for remaining away from work. If they can do so, they still get approved for public holiday privileges.

How the last and very first rule works

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

Example: When a worker takes a day off

A public vacation falls on a Monday, and Lev's workplace shuts down for that day. Lev frequently works Monday to Thursday. Lev has actually asked his employer for consent to take off the Thursday before the public vacation since he has an individual visit. His company agrees. Lev's last regularly set up work day before the holiday 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 certifies for the paid public holiday.

Example: employment When a staff member leaves early

A public vacation 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 wishes to leave at 3 p.m. on the Thursday before the public holiday. The employer concurs. Doris's regularly set up shift on the Thursday before the public 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 sensible 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 vacation from June 25 to July 9. If George works all of his last regularly scheduled shift before his getaway and first routinely arranged shift after his holiday - on June 24 and July 10 - or has sensible cause for failing to do so, he will qualify for the paid public vacation.

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

Lydia is on pregnancy leave when the Canada Day holiday takes place. If Lydia works her last regularly set up day of work before her leave, and her first routinely set up day of work after her leave, or has affordable 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 workplace is closed for the holiday. Ellen does not work on her last scheduled day before the vacation, and she does not have affordable cause for missing out on that day. She gets no pay for the vacation.

Public vacation pay

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

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

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

Vacation pay payable

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

If the worker is to be paid getaway pay with every pay cheque the amount of holiday pay to include in the computation of public vacation pay will be at least four per cent of all of the worker's wages earned during the 4 work week period. (Note that if an employee makes a higher portion of vacation pay, employment such as six percent of salaries, then the "getaway pay payable" will be based upon that higher percentage.)

If an employee is to get their getaway pay in a lump sum on a particular date or dates, vacation pay will be included in the estimation of public holiday pay only if that date or dates falls during the relevant 4 work week duration.

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

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

Example:

Christmas Day falls on a Tuesday. Suppose that a company's work week ranges from Thursday to Wednesday. In this case, the 4 work weeks utilized to compute public vacation pay are those 4 weeks counting in reverse from the first Wednesday (the last day of the employer's work week) before the work week in which the public 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 routine salaries earned by the staff member and the getaway pay payable to the worker with regard to the 4 work weeks from November 22 to December 19 are utilized in the estimation of public holiday pay.

Calculating public holiday pay

Iryna works 5 days a week and makes $120 a day. She worked her last frequently arranged work day before the general public vacation and her first routinely set up day after the vacation. She gets her holiday pay when her vacation is taken. She was not on getaway throughout the 4 work weeks leading up to the general public holiday.

1. Calculate Iryna's total regular earnings made: $ 120 each day X 5 days = $600 weekly $ 600 each week X 4 work weeks = $2,400. Iryna made $2,400 of regular salaries in the 4 work weeks before the public vacation.
2. Calculate the amount of trip pay payable with respect to the 4 work week period:. Iryna receives her holiday pay when she takes her vacation. Because she was not on holiday during the four work week duration, the amount of trip pay payable with respect to the four work weeks before the public holiday = $0.
3. Add together her overall incomes 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 included

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

1. Calculate Brock's overall routine incomes made:. Brock worked 10 days. $ 160 each day X 10 days = $1,600.
2. Calculate the amount of holiday pay:. Brock was on vacation for 2 of the four work weeks prior to the work week with the general public vacation, and is paid vacation pay before he takes his vacation. The amount of getaway pay payable with respect to the four work weeks prior to the work week with the general public vacation = $1,600.
3. Add together his overall wages made and getaway payable and divide the amount by 20:. $ 1,600 + $1,600 = $3,200. $ 3,200 ÷ 20 = $160.
Result: Brock is entitled to $160 public holiday pay.

Example: When a worker works part-time and each pay cheque consists of vacation pay

Tegan works 3 days a week and makes $120 a day. She worked her last regularly set up work day before the general public holiday and her very first routinely arranged day after the holiday. She and her company have agreed in composing that she will get four percent holiday pay on each paycheque.

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

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

Bertie does not work a set variety of hours daily or days weekly. Her pay varies from week to week, according to the time she has worked. She and her company have agreed in writing that she will receive four percent holiday pay on each pay cheque.

1. Bertie's regular salaries made during the 4 work weeks before the holiday are $1,500.
2. Calculate her holiday pay payable:. $ 1,500 X 4% = $60.
3. Total her regular incomes earned 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 holiday pay.

Example: When a staff member is on a leave

Zoe normally works 5 days a week, making $120 a day. She receives getaway 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 getaway pay. She received maternity and adult advantages from the federal Employment Insurance program, but these benefits are not thought about "wages."

Zoe is entitled to get public holiday spend for employment the general public holidays that fall throughout her leave as long as she works her last routinely scheduled day before her leave and her very first frequently set up day after her leave, or has sensible cause for employment stopping working to do so.

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

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

Example: When a worker is on a layoff

Eugene usually 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 incomes or vacation pay. He received employment insurance advantages during this time, however these benefits are ruled out "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 routinely arranged day before the layoff and his first routinely set up day after the layoff, or has sensible cause for failing to do so.

However, since Eugene did not earn any salaries or getaway pay in the 4 work weeks before those two public holidays, the amount 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 worker is entitled to receive exceptional spend for employment deal with a public holiday, they must be paid 1 1/2 times their routine 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

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

An alternative holiday must be set up for a day that is no behind three months after the general public holiday for which it was earned, or, if the worker has concurred electronically or in writing, the alternative day off can be scheduled approximately 12 months after the general public holiday.

If a staff member gets an alternative vacation, the employer needs to provide the staff member with a written statement that sets out the general public vacation that is being replaced, the date of the alternative holiday, and the date that the declaration was offered to the staff member. This declaration must be provided to the staff member before the general public vacation.

Entitlements for public vacations

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 staff member deals with the vacation. The different privileges are set out below.

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

Most staff members can get the public holiday off and make money public vacation pay. (Some workers might be required to deal with a public holiday. See "Special guidelines for particular industries" later in this chapter.)

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

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

- a replacement holiday off with public holiday pay;. or.
- public vacation spend for the general public holiday, if the employee accepts this electronically or in composing (in this case, the worker will not be provided an alternative day off).
When a worker who gets approved for the day of rest has agreed electronically or in writing to deal with a public vacation

Most staff members have the right to get the general public vacation off and earn money public vacation pay. However, if an employee concurs electronically or in writing to work on the general public holiday, there are 2 choices:

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

A public vacation falls on among John-Duncan's typical working days. He and his employer have actually agreed digitally or in composing that he will work on the public vacation which, rather of getting a substitute vacation, he will be paid public holiday pay plus premium pay for all the hours he works on the vacation.

John-Duncan regularly 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 receives his vacation pay when his vacation is taken. He was not on getaway during the 4 work weeks leading up to the general public vacation

Step 1: compute public holiday pay:

1. Calculate John-Duncan's overall routine incomes earned in the four work weeks before the general public vacation: 8 hours per day 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 general public holiday.
2. Calculate the amount of holiday pay payable with respect to the 4 work week period:. John-Duncan receives his holiday pay when he takes his holiday. Because he was not on getaway during the 4 work week period, the amount of holiday pay payable with respect to the four work weeks before the public holiday = $0.
3. Add together his total salaries made and getaway pay and divide the sum by 20:. $ 3,200 + $0 = $3,200. $ 3,200 ÷ 20 = $160.
John-Duncan's public holiday pay privilege is $160.

Step 2: determine premium pay

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

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

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

When a staff member agrees to deal with a public holiday however stops working to do so

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

However, if the employee has reasonable cause for not working the general public holiday, then privileges will depend upon which of the two choices below the employee selected in exchange for accepting deal with the public vacation:

- if the employee had agreed digitally or in writing to work on the general public holiday for routine salaries plus a substitute day off with public vacation pay, the worker is entitled to a substitute day of rest deal with public vacation pay;. or.
- if the worker had actually agreed digitally or in writing 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 holiday spend for the vacation. The staff member is not entitled to get any premium pay because they did not carry out any deal with the vacation.
When a staff member works just a few of the hours they accepted deal with a public vacation

If a staff member has actually concurred digitally or in writing to work on the public vacation however works just a few of the hours they consented to work, and does not have sensible cause for failing to work all of the hours, the worker is just entitled to receive superior spend for each hour dealt with the vacation. The worker has no right to public vacation pay or an alternative day of rest work.

Example: A common case

Trudi had actually concurred in composing that she would work eight hours on Canada Day however she only worked 4 hours and did not have reasonable cause for stopping working to work the other four hours. Trudi is entitled only to premium pay for the four hours she dealt with the vacation. She is not entitled to public holiday pay or to a substitute day of rest work.

However, if the staff member has affordable cause for working just some of the hours they agreed to deal with the general public holiday, then:

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

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

- hotels, motels and traveler resorts;.
- dining establishments and pubs;.
- hospitals and retirement home;.
- constant operations (which are operations, or parts of operations, that do not stop or close more than when a week - such as an oil refinery, alarm-monitoring company or the video games part of a casino if the games tables are open all the time).
A staff member who works in any of these businesses can be required to work on a public holiday without their arrangement, however just if the holiday falls on a day that the employee would typically work and the employee is not on holiday.

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

- their routine rate for the hours dealt with the public vacation, plus an alternative day of rest deal with public holiday pay;. or.
- public holiday pay plus premium pay for each hour worked.
The company picks which of these options will use.

Note that the employer's ability to need employees to work on a public vacation goes through the worker's right to take a day off for functions of spiritual observance under the Ontario Human Rights Code, and to the terms of the employee's employment agreement. Note likewise that specific retail workers who work in continuous operations (for instance, a 24-hour benefit store) can refuse to work on a public vacation since of the unique guidelines that use to some retail employees. See the "Retail workers" chapter of this guide for more info.

A staff member in the formerly listed organizations who is required to work on a public holiday that falls on their ordinary working day however stops working to do so, with sensible cause, is entitled to:

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

A worker in any of these companies who is required to deal with a public vacation that falls on their normal working day but who stops working, with reasonable cause, to work some of the hours they were needed to deal with the vacation is entitled to either:

- their regular rate for each hour dealt with the vacation plus a replacement vacation with public holiday pay;. or.
- public vacation pay for the vacation plus premium spend for each hour worked.
The company chooses which choice will apply.

A staff member in any of these services who is required to work on a public vacation that falls on their normal working day but who stops working, without sensible cause, to work part or all of the public holiday is just entitled to receive premium pay for each hour worked on the vacation (if any). The worker has no right to public vacation pay or a substitute day of rest work.

Overtime estimations when a worker gets exceptional pay

Any hours dealt with a public vacation that are compensated with are not included when figuring out whether a staff member has actually worked any overtime hours.

If employment ends

Sometimes a worker's task concerns an end before the staff member can take a substitute vacation with public vacation pay that they have made. In this case, the employer must pay the worker's public vacation pay at the exact same time it pays the employee's last salaries. This is so regardless of the reason the job concerned an end, whether it is since the staff member stopped, was fired for great reason, or for some other reason.