Overview

  • Founded Date 22.06.1930
  • Sectors Restaurant / Food Services
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Company Description

Qualified Employees can Be Full Time

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

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

— public holiday pay plus premium pay for all hours worked on the public vacation and not get another day of rest (called a «replacement» vacation);.
or.

— be paid their regular earnings for all hours dealt with the general public holiday and get another substitute holiday for which they must be paid public holiday pay.

Some employees may be required to deal with a public vacation. (See «Special guidelines for particular industries» later on in this Chapter.) While many employees are eligible for the general public vacation entitlement, some workers operate in jobs that are not covered by the public holiday arrangements of the Employment Standards Act (ESA). To determine whether a task is covered, or if special guidelines use, please describe the Guide to work standards special guidelines and exemptions.

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

See «Public holiday pay» later in this chapter.

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

While some employers give their employees a holiday on Easter Sunday, Easter Monday, the 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 employees perform more than one type of work for a company. Some of this work may be covered by the public vacation part of the ESA, while another type of work might be exempt from public vacation protection.

If a staff member carries out both type of work, exempt and covered, they are eligible for the general public vacation privilege with regard to a particular public vacation if a minimum of 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 holiday coverage) and a dispatcher (work that is covered by the public holiday 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 general public vacation entitlement for Canada Day.

Getting approved for public vacation privileges

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

— fail without affordable cause to work all of their last regularly arranged day of work before the public holiday or all of their very first regularly scheduled day of work after the public vacation (this is called the «Last and First Rule»);.
or.

— stop working without sensible cause to work their entire shift on the public holiday if they accepted or were required to work that day.

Note: Most workers who fail to get approved for the public vacation entitlement are still entitled to be paid premium spend for every hour they work on the holiday.

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

The «last and first rule»

The «last routinely scheduled day of work before the public vacation» and the «very first routinely set up day of work after the general public holiday» do not have to be the days right previously and right after the holiday.

For instance, a worker may not be set up to work the day right before or after the vacation. As long as the staff member works all of their last routinely set up shift before the holiday and all of the very first one after it, or has sensible cause for not working either of those days, they satisfy this qualifying requirement.

Reasonable cause

A staff member is generally thought about to have «reasonable cause» for missing out on work when something beyond their control avoids the employee from working. Employees are accountable for revealing that they had sensible cause for keeping away from work. If they can do so, they still receive public vacation entitlements.

How the last and first rule works

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

Example: When a worker takes a day of rest

A public vacation falls on a Monday, and Lev’s work environment shuts down for that day. Lev frequently works Monday to Thursday. Lev has asked his for consent to remove the Thursday before the public vacation since he has a personal appointment. His company concurs. Lev’s last routinely scheduled work day before the holiday is now thought about to be on the Wednesday.

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

Example: When a worker leaves early

A public holiday falls on a Friday, and Doris’s work environment is closed for the holiday. Doris generally works from 9 a.m. to 5 p.m., Monday to Friday. However, she desires to leave at 3 p.m. on the Thursday before the general public holiday. The employer concurs. Doris’s routinely scheduled shift on the Thursday before the general public holiday 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 failing 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 arranged shift before his vacation and very first frequently scheduled shift after his holiday — on June 24 and July 10 — or has sensible cause for stopping working to do so, he will receive the paid public holiday.

Example: When a worker is on a leave or layoff

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

Example: When there is no sensible cause

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

Public holiday pay

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

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

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

Vacation pay payable

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

If the worker is to be paid vacation pay with every pay cheque the amount of getaway pay to consist of in the calculation of public vacation pay will be at least 4 per cent of all of the employee’s incomes made during the four work week duration. (Note that if a worker earns a greater portion of getaway pay, such as 6 percent of salaries, then the «vacation pay payable» will be based on that greater percentage.)

If a worker is to receive their holiday pay in a swelling sum on a certain date or dates, holiday pay will be consisted of in the computation of public holiday pay just if that date or dates falls during the relevant four work week period.

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

The four weeks before the general public holiday 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 four work weeks used to determine public holiday pay are those four weeks counting backwards 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 regular salaries made by the worker and the vacation pay payable to the worker with regard to the four work weeks from November 22 to December 19 are used in the estimation of public holiday pay.

Calculating public vacation pay

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

1. Calculate Iryna’s total regular wages made:
$ 120 daily 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 holiday.

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

3. Add together her overall salaries made and trip pay payable and divide the amount by 20:.
$ 2,400 + $0 = $2,400.
$ 2,400 ÷ 20 = $120.

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

Example: When vacation time is included

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

1. Calculate Brock’s overall regular earnings earned:.
Brock worked 10 days.
$ 160 daily X 10 days = $1,600.

2. Calculate the amount of vacation pay:.
Brock was on trip for 2 of the 4 work weeks prior to the work week with the public holiday, and is paid holiday pay before he takes his holiday. The quantity of holiday pay payable with regard to the four work weeks prior to the work week with the public holiday = $1,600.

3. Total his total wages earned and trip 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 trip pay

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

1. Calculate Tegan’s regular wages earned:.
$ 120 per day X 3 days = $360 weekly.
$ 360 per week X 4 weeks = $1,440.

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

3. Total her routine earnings earned and trip 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 trip pay

Bertie does not work a set number of hours daily or days each week. Her pay differs from week to week, according to the time she has worked. She and her employer have actually agreed in writing that she will get four percent getaway pay on each pay cheque.

1. Bertie’s regular salaries earned during the 4 work weeks before the vacation are $1,500.

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

3. Add together her routine earnings made 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 holiday pay.

Example: When a worker is on a leave

Zoe normally works five days a week, making $120 a day. She receives vacation pay before she goes on getaway. 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 ruled out «wages.»

Zoe is entitled to get public holiday spend for the general public holidays that fall during her leave as long as she works her last regularly set up day before her leave and her first routinely arranged day after her leave, or has affordable cause for stopping working to do so.

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

— Regular salaries earned: $120 a day X 7 days = $840.

— Vacation pay payable: $0 (she was not on vacation during the four work week duration).

— Public vacation pay: ($ 840 + $0) ÷ 20 = $42 public 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 actually earned any salaries or getaway pay on any of the days throughout the 4 work weeks before each of those holidays.

Example: When a worker is on a layoff

Eugene typically works five days a week, making $100 a day. He was positioned on momentary layoff on November 15. During his layoff, Eugene was not paid salaries or getaway pay. He received employment insurance coverage advantages during this time, however these benefits are ruled out «salaries.»

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

However, since Eugene did not make any earnings or employment trip pay in the 4 work weeks before those two public vacations, the quantity of public holiday pay he is entitled to will be $0.

Premium pay

Premium pay is 1 1/2 times an employee’s routine rate of pay. If a worker is entitled to receive superior spend for deal with a public holiday, they need to be paid 1 1/2 times their routine rate of pay for each hour worked.

For example, Nathan’s regular rate of pay is $20 an hour. This indicates 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 off work that is designated to replace a public holiday. Employees are entitled to be paid public holiday spend for a substitute vacation.

An alternative holiday need to be set up for a day that is no behind three months after the public holiday for which it was earned, or, if the staff member has agreed digitally or in composing, the substitute day of rest can be scheduled up to 12 months after the public holiday.

If an employee receives an alternative holiday, the company needs to supply the worker with a composed 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 statement needs to be offered to the worker before the public holiday.

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 worker works on the holiday. The different privileges are set out below.

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

Most employees can get the public vacation off and make money public holiday pay. (Some workers may be needed to deal with a public vacation. See «Special guidelines for certain industries» later in this chapter.)

When a public vacation falls on an employee’s non-working day or during an employee’s trip

When a public holiday falls on a day that is not ordinarily a working day for an employee, or during the employee’s vacation, the worker is entitled to either:

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

— public holiday pay for the public holiday, if the worker accepts this digitally or in composing (in this case, the employee will not be provided an alternative day off).

When a staff member who qualifies for the day off has actually agreed electronically or in composing to work on a public holiday

Most staff members can get the public holiday off and get paid public holiday pay. However, if a worker concurs electronically or in writing to deal with the public holiday, there are 2 choices:

— the worker is entitled to get routine wages for all hours worked on the general public holiday, plus a substitute day of rest work with public holiday pay;.
or.

— if the staff member agrees digitally or in composing, they are entitled to public vacation pay for the public vacation plus premium pay for all hours dealt with the public holiday. In this case, the worker will not be given an alternative day of rest.

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 concurred digitally or in writing that he will deal with the general public vacation and that, rather of getting a substitute holiday, he will be paid public vacation pay plus premium pay for all the hours he works on the vacation.

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

Step 1: determine public vacation pay:

1. Calculate John-Duncan’s total regular wages earned in the 4 work weeks before the public vacation:
8 hours each day X $20 per hour = $160 daily
$ 160 each day X 5 days = $800 per 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 amount of vacation pay payable with regard to the 4 work week duration:.
John-Duncan gets his holiday pay when he takes his vacation. Because he was not on vacation during the four work week period, the amount of trip pay payable with respect to the 4 work weeks before the public vacation = $0.

3. Combine his overall incomes made and getaway pay and divide the sum by 20:.
$ 3,200 + $0 = $3,200.
$ 3,200 ÷ 20 = $160.

John-Duncan’s public vacation pay privilege is $160.

Step 2: determine superior pay

Finally, the premium pay owing to John-Duncan for his work on the general public vacation is computed:.
$ 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 vacation pay of $160 and superior pay of $240, for an overall of $400.

When a worker consents to work on a public holiday but stops working to do so

If a worker has concurred electronically or in composing to work on the general public vacation however does not do so — and does not have affordable cause for not having actually done so — the worker has no right to public vacation pay or to an alternative 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 options listed below the employee selected in exchange for agreeing to deal with the public vacation:

— if the staff member had concurred electronically or in composing to deal with the general public vacation for regular wages plus a substitute day off with public vacation pay, the employee is entitled to a substitute day off deal with public vacation pay;.
or.

— if the staff member had agreed digitally or in writing to work on the general public holiday for public holiday pay plus premium pay for each hour worked, they are entitled to be paid public vacation spend for the vacation. The worker is not entitled to get any exceptional pay because they did not perform any deal with the holiday.

When a staff member works only some of the hours they concurred to deal with a public holiday

If a worker has agreed electronically or in composing to work on the general public holiday however 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 worker is just entitled to receive premium pay for each hour dealt with the holiday. The staff member has no right to public holiday pay or an alternative day off work.

Example: A common case

Trudi had actually concurred in composing that she would work eight hours on Canada Day but she only worked four hours and did not have affordable cause for failing 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 off work.

However, if the staff member has reasonable cause for working just some of the hours they accepted deal with the public holiday, then:

— the employee is entitled to their regular rate for all the hours worked plus an alternative day off deal with public vacation pay;.
or.

— if the employee had concurred digitally or in writing to deal with the general public vacation for public vacation pay plus premium pay for employment each hour worked, they are entitled to be paid public holiday pay plus premium pay for employment every hour worked on the vacation.

Special rules for specific markets

Special guidelines use to employees who work in the following types of organizations:

— hotels, motels and tourist resorts;.

— dining establishments and taverns;.

— health centers and nursing homes;.

— 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 video games part of a gambling establishment if the video games tables are open all the time).

An employee who operates in any of these services can be needed to work on a public holiday without their arrangement, but just if the vacation falls on a day that the worker would generally work and the worker is not on trip.

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

— their regular rate for the hours worked on the public holiday, plus a substitute 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 choices will use.

Note that the employer’s capability to need workers to deal with a public vacation is subject to the employee’s right to take a day of rest for purposes of religious observance under the Ontario Human Rights Code, and to the terms of the staff member’s employment agreement. Note also that particular retail workers who operate in continuous operations (for instance, a 24-hour benefit store) deserve to decline to work on a public vacation because of the special rules that use to some retail workers. See the «Retail workers» chapter of this guide to find out more.

A worker in the previously listed businesses who is needed to deal with a public holiday that falls on their normal working day but stops working to do so, with reasonable cause, is entitled to:

— a replacement holiday with public holiday pay;.
or.

— public vacation spend for the holiday.

The company picks which choice will use.

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

— their regular rate for each hour dealt with the holiday plus a replacement holiday with public holiday pay;.
or.

— public holiday spend for the holiday plus premium spend for each hour worked.

The company picks which option will apply.

An employee in any of these organizations who is needed to work on a public vacation that falls on their common working day but 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 employee has no right to public vacation pay or an alternative day off work.

Overtime computations when a staff member gets premium pay

Any hours worked on a public vacation that are compensated with premium pay are not included when figuring out whether an employee has worked any overtime hours.

If work ends

Sometimes an employee’s job pertains to an end before the staff member can take a replacement holiday with public vacation pay that they have actually made. In this case, the company needs to pay the worker’s public vacation pay at the exact same time it pays the worker’s final wages. This is so despite the factor the job concerned an end, employment whether it is due to the fact that the worker gave up, was fired for great reason, or for some other reason.