Public Holidays

Here is an example:

Rupert works for a taxi company as both a taxi cab driver (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, at least half of Rupert's work was as a dispatcher. Because this work is covered by the public holiday part of the ESA, he is eligible for the public holiday entitlement for Canada Day.

A typical case

Rosie's regular work week runs from Monday to Thursday. A public holiday falls on a Monday, and Rosie's workplace closes down for that day. If Rosie works the entire shift on the Thursday before the holiday and the Tuesday after the holiday, or shows reasonable cause for failing to work either of those days, she qualifies to be paid for the holiday.

When an employee takes a day off

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

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

When an employee leaves early

A public holiday falls on a Friday, and Doris's workplace is closed for the holiday. Doris normally works from 9 a.m. to 5 p.m., Monday to Friday. However, she wants to leave at 3 p.m. on the Thursday before the public holiday. The employer agrees. Doris's regularly scheduled shift on the Thursday before the public holiday 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 shows reasonable cause for failing to do so, she is entitled to the paid public holiday.

When an employee is on vacation

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 regularly scheduled shift after his vacation--on June 24 and July 10--or has reasonable cause for failing to do so, he will qualify for the paid public holiday.

When an employee 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 first regularly scheduled day of work after her leave, or has reasonable cause for failing to do so, she will be entitled to the paid public holiday.

When there is no reasonable 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 holiday, and she fails to show reasonable cause for missing that day. She receives no pay for the holiday.

Vacation Pay Payable

If the employee is to be paid his or her vacation pay before he or she takes a vacation [in accordance with s. 36(1)] or on or before the pay day for the period in which the vacation falls [in accordance with s. 36(2)], vacation pay will be included in the calculation of public holiday pay if the employee was on vacation during that four work week period. If the employee who is paid in accordance with s. 36(1) or 36(2) was not on vacation during that period, no vacation pay will be included in the calculation.

If the employee is to be paid vacation pay with every pay cheque [in accordance with s. 36(3)] the amount of vacation pay to include in the calculation of public holiday pay will be at least 4% of all of the employee's wages earned during the four work week period. (Note that if an employee has a greater right or benefit with respect to vacation, such as 3 weeks of vacation with 6% of wages, then the "vacation pay payable" will be based on that greater percentage.)

If an employee is to receive his or her vacation pay in a lump sum on a certain date or dates [in accordance with s. 36(4)], vacation pay will be included in the calculation of public holiday pay only if that date or dates falls during the relevant four work week period.

Calculating the Four Work Week Period Before the Work Week With a Public Holiday

The "four work weeks before the work week with the public holiday" does not necessarily mean the four calendar weeks immediately before the holiday. This period is based on the employer's work week.

Christmas Day falls on a Tuesday. Suppose that an employer's work week runs from Thursday to Wednesday. In this case, the four work weeks used to calculate public holiday pay are those four weeks counting backwards from the first Wednesday (the last day of the employer's work week) before the day on which the public holiday falls.

Calendar illustrating work schedule (Example above)

Sunday	Monday	Tuesday	Wednesday	Thursday	Friday	Saturday
18	19	20	21	22 [week 1]	23 [week 1]	24 [week 1]
25 [week 1]	26 [week 1]	27 [week 1]	28 [week 1]	29 [week 2]	30 [week 2]	1 [week 2]
2 [week 2]	3 [week 2]	4 [week 2]	5 [week 2]	6 [week 3]	7 [week 3]	8 [week 3]
9 [week 3]	10 [week 3]	11 [week 3]	12 [week 3]	13 [week 4]	14 [week 4]	15 [week 4]
16 [week 4]	17 [week 4]	18 [week 4]	19 [week 4]	20	21	22
23	24	25 [public holiday]	26	27	28	29

In this example, the regular wages earned by the employee and the vacation pay payable to the employee with respect to the four work weeks indicated by the shaded area--November 22 to December 19--are used in the calculation of public holiday pay.

A typical case

Iryna works five days a week and earns $100.00 a day. She worked her last regularly scheduled work day before the public holiday and her first regularly scheduled day after the holiday. She receives her vacation pay when her vacation is taken. She was not on vacation during the four work weeks leading up to the public holiday.

1. Iryna's total regular wages earned are calculated:

   $100.00 per day × 5 days = $500.00 per week

   $500.00 per week × 4 work weeks = $2,000.00

   Iryna earned $2,000.00 of regular wages in the four work weeks before the public holiday.

2. The amount of vacation pay payable with respect to the four work week period is calculated:

   Iryna receives her vacation pay when she takes her vacation. Because she was not on vacation during the four work week period, the amount of vacation pay payable with respect to the four work weeks before the public holiday = $0

3. Then her total wages earned and vacation pay payable is added together and divided by 20:

   $2,000.00 + $0 = $2,000

   $2,000 ÷ 20 = $100.00

Result: Iryna is entitled to $100.00 public holiday pay.

When vacation time is involved

Brock works five days a week and earns $100.00 a day. He was on vacation for two of the four weeks before the public holiday. He receives vacation pay before he takes his vacation. He is paid $1,000.00 vacation pay for his two weeks of vacation. Brock worked his last regularly scheduled work day before the public holiday and his first regularly scheduled work day after the holiday.

1. Brock's total regular wages earned are calculated:

   Brock worked 10 days.

   $100.00 per day × 10 days = $1,000.00

2. Then the amount of vacation pay payable is calculated:

   Brock was on vacation for two of the four work weeks prior to the work week with the public holiday, and is paid vacation pay before he takes his vacation. The amount of vacation pay payable with respect to the four work weeks prior to the work week with the public holiday = $1,000.00

3. Then his total wages earned and vacation pay payable is added together and divided by 20:

   $1,000 + $1,000 = $2,000.00

   $2,000 ÷ 20 = $100.00

Result: Brock is entitled to $100.00 public holiday pay.

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

Tegan works three days a week and earns $100.00 a day. She worked her last regularly scheduled work day before the public holiday and her first regularly scheduled day after the holiday. She and her employer have agreed in writing that she will receive four per cent vacation pay on each cheque.

1. First, Tegan's regular wages earned are calculated:

   $100.00 per day × 3 days = $300.00 per week

   $300.00 per week × 4 weeks = $1,200.00

2. Her vacation pay payable is also calculated:

   $4.00 per day (4% of $100) × 3 days = $12.00 per week

   $12.00 per week × 4 weeks = $48.00

3. Then her regular wages earned and vacation pay payable are added together:

   $1,200.00 + $48.00 = $1,248.00

4. Tegan's total regular wages earned and vacation pay payable are then divided by 20:

   $1,248.00  ÷ 20 = $62.40

Result: Tegan is entitled to $62.40 public holiday pay.

When there are no set hours and each pay cheque includes vacation pay

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

1. First, Bertie's regular wages earned during the four work weeks before the holiday are calculated:

   $1,500.00 regular wages

2. Second, her vacation pay payable is calculated:

   $1,500.00 × 4% = $60.00

3. Then her regular wages earned and vacation pay payable are added together:

   $1,500.00 + $60.00 = $1,560.00

4. Bertie's total wages earned and vacation pay payable are then divided by 20:

   $1,560.00 ÷ 20 = $78.00

Result: Bertie is entitled to $78.00 public holiday pay.

When an employee is on a leave

Zoe usually works five days a week, earning $100.00 a day. She receives vacation pay before she goes on vacation. On June 10, she went on a 17-week pregnancy leave, followed by a 35-week parental leave.

During her leaves, she was not paid wages or vacation pay. She received maternity and parental benefits from the federal Employment Insurance program, but these benefits are not considered "wages."

Zoe is entitled to receive public holiday pay for the public holidays that fall during her leave as long as she works her last regularly scheduled day before her leave and her first regularly scheduled day after her leave, or has reasonable cause for failing to do so.

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

• Regular wages earned: $100.00 a day × 7 days = $700.00
• Vacation pay payble: $0 (she was not on vacation during the four work week period)
• Public holiday pay: ($700.00 + $0) ÷ 20 = $35.00 public holiday pay

Her public holiday pay for the rest of the public holidays that fall during her leave will be $0. This is because she will not have earned any wages or vacation pay on any of the days during the four work weeks before each of those holidays.

When an employee is on a layoff

Eugen usually works five days a week, earning $100.00 a day. He was placed on temporary layoff on November 15. During his layoff, Eugen was not paid wages or vacation pay. He received employment insurance benefits during this time, but these benefits are not considered "wages."

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

However, because Eugen did not earn any wages or vacation pay in the four work weeks before those two public holidays, the amount of public holiday pay he is entitled to will be $0.

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 agreed in writing that he will work on the public holiday and that, instead of getting a substitute holiday, he will be paid public holiday pay plus premium pay for all the hours he works on the holiday.

John-Duncan regularly works eight hours a day, five days a week. His regular hourly pay rate is $12.00. He has worked on all his scheduled work days in the four work weeks before the public holiday. He receives his vacation pay before he takes his vacation; he was not on vacation during the four work weeks before the public holiday. He works eight hours on the public holiday.

Public holiday pay calculation

1. First John-Duncan's total regular wages earned in the four work weeks before the public holiday are calculated:

   8 hours per day × $12.00 per hour = $96.00 per day

   $96.00 per day × 5 days = $480.00 per week

   $480.00 × 4 work weeks = $1,920.00

   John-Duncan earned $1,920.00 in the four work weeks before the public holiday.

2. Second, the amount of vacation pay payable with respect to the four work weeks before the public holiday is calculated. Because John-Duncan gets paid his vacation pay before he takes vacation and he was not on vacation during the four work week period, his vacation pay payable is: $0.
   
   
3. His total wages earned plus vacation pay payable is then divided by 20:

   ($1,920.00 + $0) ÷ 20 = $96.00

   John-Duncan's public holiday pay entitlement is $96.00.

   Premium pay calculation

4. Finally, the premium pay owing to John-Duncan for his work on the public holiday is calculated:

   $12.00 per hour × 1½ = $18.00

   $18.00 per hour × 8 hours worked = $144.00

   John-Duncan's premium pay entitlement is $144.00.

Result: John-Duncan is entitled to public holiday pay of $96.00 and premium pay of $144.00, for a total of $240.00.

When an Employee Agrees to Work on a Public Holiday but Fails to Do So

If an employee has agreed in writing to work on the public holiday but does not do so--and does not show reasonable cause for not having done so--the employee has no right to public holiday pay or to a substitute day off with pay.

However, if the employee can show reasonable cause for not working the public holiday, then entitlements will depend on which of the two options below the employee chose in exchange for agreeing to work on the public holiday:

1. if the employee had agreed in writing to work on the public holiday for regular wages plus a substitute day off with public holiday pay, the employee is entitled to a substitute day off work with public holiday pay.
   or
2. if the employee had agreed in writing to work on the public holiday for public holiday pay plus premium pay for each hour worked, he or she is entitled to be paid public holiday pay for the holiday. The employee is not entitled to receive any premium pay because he or she did not perform any work on the holiday.