This provision sets out an employees entitlement when a public holiday falls on a day that is ordinarily the employees working day and that is not during the employees vacation. Consequently, s.26 will apply to any public holiday that falls on a weekday during that employees leave, and s.29 will apply to any public holiday that falls on a weekend during that employees leave. The default entitlement for such an employee is: However, if an employer and employee agree in writing, the employee is entitled to public holiday pay plus premium pay for each hour worked on the public holiday, rather than to the default entitlement. National Girlfriends Day and National Respect for Parents Day are observed on. if some other manner of calculation is prescribed, the amount determined using that manner of calculation. See all 12 statutory holidays in Ontario, Canada in 2023. See ESA Part I, s.1 for a discussion of the term regular rate, particularly as it applies to employees whose compensation consists of an hourly rate plus some other form of compensation. August 7, 2023 Civic Holiday. Per the employees contract, took three days off as floater days in the pay period immediately preceding the public holiday. Public Holidays 2026. . The agreement must be reached prior to the date of the public holiday. Section 30(1) allows employers and employees in these circumstances to agree that the employee will work on the public holiday. August 2022 Calendar in MS Word format. National Mustard Day. Sign up for the newsletter to stay up to date on whats happening. In addition to these nine holidays, employers in Ontario should also be aware of Remembrance Day (November 11, 2022) and Civic Holiday (August 1, 2022, or the first Monday in August). If there was no written agreement to work on the holiday, then the default standard of s.26 will apply, rather than s.27. If the employee performs some of the work that he or she agreed to perform on the public holiday but fails, without reasonable cause, to perform all of it, the employer shall give the employee premium pay for each hour worked on the public holiday but the employee has no other entitlement under subsection (2). Pursuant to s.30(4) paragraph 1, the employee has no entitlement of any sort: not to a substitute holiday, to public holiday pay or to premium pay. IPA Day. Start planning your visit and make sure you make this Civic Holiday one to remember! The situations and consequences addressed in each of the five paragraphs in s.28(4) are: Employee performs none of the work on the public holiday, (i.e., did not show up at all for the shift), without reasonable cause, employee has no entitlement. The current assignment began one week prior to the week Thanksgiving Day (Monday) occurs and ended the Thursday following the holiday. Vacation pay that is payable to an employee before they takes their vacation, pursuant to, Vacation pay that is payable to an employee on or before the pay day for the period in which the vacation falls, where the employee is paid by direct deposit or where the employee does not take vacation in complete weeks, pursuant to, Vacation pay that is payable to an employee as it accrues pursuant to, Vacation pay that is payable at a time agreed to in writing by the employee pursuant to, a recurring period of seven consecutive days selected by the employer for the purpose of scheduling work, or. For example, Canada Day is on a Saturday. This becomes relevant for the New Years Day and, depending on the work week of a workplace, possibly Boxing Day, calculation of public holiday pay. Specifically, "retail" employees who work in a continuous operation (e.g., a 24-hour convenience store) have the right to refuse to work on public holidays, even if the holiday falls on a day that is ordinarily their working day. 2022 London Free Press, a division of Postmedia Network Inc. All rights reserved. var day_strings = {"2022-12-11":"Today – 11 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-12":"Today – 12 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-13":"Today – 13 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-14":"Today – 14 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-15":"Today – 15 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-16":"Today – 16 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-17":"Today – 17 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-18":"Today – 18 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-19":"Today – 19 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-20":"Today – 20 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-21":"Today – 21 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-22":"Today – 22 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-23":"Today – 23 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-24":"Today – 24 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-25":"Today – 25 December 2022 – is a holiday in Ontario for Christmas Day.<\/span>","2022-12-26":"Today – 26 December 2022 – is a holiday in Ontario for Boxing Day.<\/span>","2022-12-27":"Today – 27 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-28":"Today – 28 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-29":"Today – 29 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-30":"Today – 30 December 2022 – is not a holiday in Ontario.<\/span>","2022-12-31":"Today – 31 December 2022 – is not a holiday in Ontario.<\/span>","2023-01-01":"Today – 1 January 2023 – is a holiday in Ontario for New Year's Day.<\/span>","2023-01-02":"Today – 2 January 2023 – is not a holiday in Ontario.<\/span>","2023-01-03":"Today – 3 January 2023 – is not a holiday in Ontario.<\/span>","2023-01-04":"Today – 4 January 2023 – is not a holiday in Ontario.<\/span>","2023-01-05":"Today – 5 January 2023 – is not a holiday in Ontario.<\/span>","2023-01-06":"Today – 6 January 2023 – is not a holiday in Ontario.<\/span>","2023-01-07":"Today – 7 January 2023 – is not a holiday in Ontario.<\/span>","2023-01-08":"Today – 8 January 2023 – is not a holiday in Ontario.<\/span>","2023-01-09":"Today – 9 January 2023 – is not a holiday in Ontario.<\/span>","2023-01-10":"Today – 10 January 2023 – is not a holiday in Ontario.<\/span>","2023-01-11":"Today – 11 January 2023 – is not a holiday in Ontario.<\/span>","2023-01-12":"Today – 12 January 2023 – is not a holiday in Ontario.<\/span>"}; Usually, reasonable cause will be something beyond the control of the employee, although this is not always the case. Emancipation Day August . Employees who are employed in a hospital, continuous operation, or hotel, motel, tourist resort, restaurant or tavern who are required to work on a public holiday that is ordinarily a working day for the employee and that is a day the employee is not on vacation are governed by ESA Part X, s.28. Boxing Day: December 26, 2022. Vacation pay payable to the employee with respect to the four work weeks before the work week in which the public holiday occurred: assuming the employee has fewer than five years of employment - $160 (4% times $4000), $4160 divided by 20 = $208 public holiday pay. Their most recent assignment ended on July 15, 2018 and at the end of August 2018, they advised the agency that because of other commitments they would not be prepared to accept any new assignments until the beginning of October 2018. It is Program policy that to make this determination, one looks at the days that the employee tells the employer that they are available to work and the past scheduling practice. 28(4) The employees entitlement under subsection (2) is subject to the following rules: This section sets out the entitlements for an employee who was required to work on the public holiday pursuant to s.28(1), but who fails to perform certain work. Reporter Dan Brown has the details on this municipal holiday in search of an identity. Employee performs only some of the work on a public holiday that the employee had agreed to perform: Employee performs none of the work on a public holiday that the employee had agreed to perform: Employee does not work the entire regularly scheduled days of work before or after the public holiday without reasonable cause. Ontario is the only province where Boxing Day is a statutory holiday. Wages paid at the employees regular rate for each hour worked on the public holiday see the definition in, For which the employee must be paid public holiday pay. August 2022 Calendar as Microsoft Excel XLSX. the total amount of regular wages earned in the pay period immediately preceding the public holiday, divided by the number of days the employee worked in that period; or, Employee regularly works Monday through Friday and has a weekly pay period, Weekly pay period immediately preceding the public holiday is May 13 to May 19: 5 days of, Weekly pay period May 6 to May 12: 2 days of, Weekly pay period immediately preceding the public holiday is May 13 to May 19: 3 days of, Employee regularly works Monday through Friday and has a biweekly pay period, Biweekly pay period May 6 to May 19: 10 days of vacation taken Monday, May 7 to Friday, May 18. Six of the holidays are celebrated throughout Canada in most provinces. Note that this section applies to employees in all operations, including hospitals, continuous operations, and hotels, motels, tourist resorts, restaurants and taverns, who agree to work on a public holiday that falls on a day that is ordinarily a working day for them. Unlike most statutory holidays in the province, the. Pro-rating formula: total amount of regular wages earned and vacation pay payable in the four work weeks before the work week in which the public holiday occurred, divided by 20. On August 1, many employees in Ontario will enjoy a day off work for the Civic Holiday, which creates the second long weekend of the summer. 26(2), 27, 28 or 29. When a public holiday falls on a day that is not ordinarily an employees working day or is during an employees vacation, the employee is to be given a substitute day off, which must be: In addition, the employer must provide the employee a written statement setting out specifics about the substitute holiday, as outlined in s.29(1.1) below. Employee performs some but not all of the work they were required to perform on the public holiday (i.e., showed up for only part of the shift) without reasonable cause: Pursuant to s.28(4) paragraph 3, the employee is entitled only to premium pay for each hour worked on the public holiday. For example, an employee works Monday to Friday in a business that is open seven days a week. *The Municipal Act provides that municipal councils can make by-laws proclaiming a civic holiday and requiring the closing of shops on such a day. Regular wages earned by the employee in the pay period before the public holiday: Divided by 9 (the number of days the employee worked in the pay period before the public holiday). Therefore, the formula to be used for calculating public holiday pay for the substitute holiday would be the formula that is in effect on the date of the substitute holiday. Did you know the August long weekend is not a statutory holiday, either federally or provincially? Hes the Canadian photographer who takes achingly beautiful shots of landscapes scarred by industrial activity. Every situation that impacts on an employees entitlement is covered. the public holiday that is being substituted, the date of the day that is substituted for a public holiday under subsection (1); and. 74.10(1) and (2) (as applicable) as well as ESA Part XVIII.1, s.74.11 and in accordance with Program policy with respect to those provisions, including the Programs policy as described above: An employee was on a two-week assignment working Monday through Thursday each week. For further discussion see ESA Part XVIII.1, s.74.10. to perform all of it" do not refer to the quantity or quality of the employees work. Performs all of the work they agreed to perform on the public holiday (i.e., showed up for the entire shift); Scheduled for a day that would ordinarily be a working day for the employee; Paid as public holiday pay. Works Monday, Wednesday, Friday, Saturday and Sunday for 5.5 hours each day and Tuesday for 4 hours, earns a salary of $800/week; Received a substitute day off for a public holiday, which was taken on a Tuesday; Was not on vacation during the four weeks prior to the work week in which the substitute holiday is taken; Determine the employees hourly rate $800.00 divided by 31.5 (hours worked in a week) = $25.40 an hour. Some businesses may operate on shortened holiday hours. a day that is no more than three months after the public holiday; or. As per s.29(2.1), the employer must provide the employee with a written statement that sets out the date of the day that is substituted for the public holiday. See ESA Part I, s.1 for a discussion of issues around agreements, e.g., retroactivity, specificity, and requirements regarding informed and voluntary consent. An employee does not have to "requalify" for the substitute holiday once they have already earned it. On the other hand, just because an employee is away for a reason that is not listed in s.50(1), or in the case of family responsibility leave or bereavement leave that does not relate to a person listed in s.50.0.1(3) or s.50.0.2(3), does not necessarily mean that the employee does not have reasonable cause. Only regular wages are included in the calculation of public holiday pay. In the case of an employee who is on lay-off (as opposed to pregnancy or parental leave), s.29(2.1) must be read in conjunction with s.29(2.2). Federal government offices will be closed, but. August 1, 2022 Monday Mon. Section 29 provides employees (who are not on pregnancy or parental leave, or on lay-off) with the right to a substitute holiday or, if the employer and employee agree in writing, to public holiday pay for a holiday, when the public holiday falls on a day that is not ordinarily a working day for an employee or is on a day that the employee is on vacation. Simcoe Day (ON) Terry Fox Day. If the employee in the above example had originally been scheduled to work on the Friday before the public holiday, but exchanged this shift with the employers approval, the effect of this change would be to alter their regularly scheduled day of work. They have no other entitlements - not to public holiday pay or to a substitute holiday. Farmworker Appreciation Day. Note that although this employees average daily wage when you include overtime is $212 [(44 hours x $20) + (6 hours x $30) divided by 5], they are entitled only to $176.00 public holiday pay because overtime pay is excluded from the public holiday pay calculation. 30(4) The employees entitlement under subsection (2) is subject to the following rules: This section sets out the entitlements for an employee who agreed to work on the public holiday pursuant to s.30(1), but who fails to perform certain work. * August 1, Monday Civic Holiday . Civic Holiday on the first Monday of August is an optional holiday - provincially regulated employers are not required by law to give this day off. The text appears in red to highlight that these provisions are no longer in force. New Year's Day: Sunday, January 1st, 2023 Family Day: Monday, February 20th, 2023 Good Friday: Friday, April 7th, 2023 . The employee will pass the last and first day test if they worked the Thursday prior to the holiday as well as the Tuesday following the holiday, or had reasonable cause if they failed to work either of those days as per s.26(2). Note that if the employee does fail to work either of those days, they may still be entitled to the public holiday entitlements so long as they had reasonable cause for not working the day(s). Note that s.26(2) provides that an employee will not lose their public holiday entitlement, despite not having worked all of their last regularly scheduled day of work before the holiday or the first regularly scheduled day of work after the holiday, if they had reasonable cause for having failed to do so. Wages at employees regular rate for each hour worked on the public holiday PLUS a substitute holiday. The entitlement to a substitute day under s.29 is subject to: 29(1.1) If a day is substituted for a public holiday under subsection (1), the employer shall provide the employee with a written statement, before the public holiday, that sets out. Ontario celebrates nine statutory holidays including New Years Day, Good Friday and Christmas. Please try again. the Weed Man, 398827 Ontario Limited c.o.b. (The same review must be performed for each public holiday.). WAREHOUSE HOLIDAYS: EXCEPTIONS: Family Day Monday, February 21: CLOSED Provinces of Alberta and Ontario Open Province of Quebec: Good Friday Friday, April 15: CLOSED Province of Ontario Open Provinces of Alberta and Quebec: No Deliveries Province of Alberta: Easter Sunday Sunday, April 17: CLOSED All Provinces: Easter Monday Monday, April 18 . The Civic Holiday is commonly referred to as the August long weekend. Premium pay for work on public holiday = $0, Overtime Pay = 9 hours x ($15 x 1.5) = $202.50, Public holiday pay = $0 in this week (For the work week in which the substitute day falls, the public holiday pay will be: regular wages earned and vacation pay payable in the four work weeks before the work week in which the substitute holiday fell, divided by 20. Pursuant to s.27(4) paragraph 2, the employee has no entitlement of any sort: not to a substitute holiday, to public holiday pay or to premium pay. As per s.29(2) the substitute days must be scheduled within three months following the public holidays or within 12 months if the employee and employer agree. To have a better experience, you need to: Tab to close the table of contents and return to the book. }()); Discover upcoming public holiday dates for Ontario and start planning to make the most of your time off. The civic holiday, on the other hand, has about as much emotional force as the sterile bank holidays of the United Kingdom. Labour Day has strong associations with the labour movement and workers rights. Again, the higher rate of wages was earned by the employee for working on the public holiday and must be paid in addition to the amount of public holiday pay owing. Because she spent 50 per cent or more of her time performing non-exempt work during the work week in which the public holiday fell, she will be entitled to the Public Holiday standard with respect to that particular public holiday. the total amount of regular wages and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, divided by 20; The amount of regular wages as defined in. We have enabled email notificationsyou will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. In 1875, the first August Civic Holiday in Toronto was created, but the idea of a Civic Day soon spread to other provinces. Since employees may still have claims relating to provisions that are no longer in force, the discussion of the former provisions remains as part of this publication. All regular wages earned and vacation pay payable to an assignment employee in the four-week period is included for the purposes of this calculation, regardless of the number of assignments the employee was on within that four-week period. When the employee was required to work pursuant to s.28(1), s.26 and s.27 and the entitlements available under those provisions no longer applied. New Year's Day 2022 - January 1st Family Day 2022 - Third Monday in February Good Friday 2022 - Friday preceding Easter Sunday Victoria Day 2022 - Last Monday preceding May 25th Canada Day* 2022 - July 1st Labour Day 2022 - First Monday in September Thanksgiving Day 2022 - Second Monday in October In this case, because there are no days that "would ordinarily be a working day for" that employee, s.29 will apply to any public holiday that occurs during the leave or lay-off. Rather, it refers to whether the employee worked the whole shift, part of the shift, or none of the shift they agreed to work on the public holiday. In this case, the Program would consider Mondays through Fridays to be days that would ordinarily be working days for that employee. 24(1.2) If the employee was not employed during the pay period immediately preceding a public holiday, the employees public holiday pay for the public holiday shall be equal to the amount of regular wages earned in the pay period that includes the public holiday divided by the number of days the employee worked in that period. Section 74.10(2) provides that a period of temporary lay-off referred to in s.29(2.2) is to be determined in accordance with s.56 as that section is modified by s.74.11 for the purposes of Part XV. Not forgetting the variety of wildlife that call Canada home! The first exception is found in ESA Part X, s.27. var todayDate = dateObj.getFullYear() + "-" + todayMonth + "-" + todayDay; Performs none of the work on the public holiday, (i.e., did not show up at all for the shift), with reasonable cause; Fails to work all of the last regularly scheduled day of work before or first regularly scheduled day of work after the public holiday, without reasonable cause: Wages at employees regular rate for each hour worked on the public holiday PLUS a substitute holiday; Performs some but not all of the work they agreed to perform on the public holiday, (i.e., showed up for only part of the shift), with reasonable cause; Fails to work all of their last regularly scheduled day of work before or first regularly scheduled day of work after the public holiday, without reasonable cause: Performs all of the work they agreed to perform on the public holiday (i.e. National Day for Truth and Reconciliation - Friday September 30 2022. . Number of hours to be included in overtime threshold calculation = 53 hours (the 8 hours worked on the public holiday are included in the total because they were not compensated with premium pay), Number of overtime hours = 53 hours minus 44 hours = 9 hours. However, if the employee also fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday, the employee has no entitlement under subsection (2). For example, an employee is hired on the basis that they are available to work Mondays through Fridays, and is actually scheduled to work on each of those days (although not on any regular basis - e.g., Monday and Tuesday one week, Tuesday and Friday the next week, Wednesday and Thursday the next week, etc.). 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 required to do so under the ESA. Has agreed in writing to average the hours worked over four weeks for the purpose of determining the employees overtime pay entitlement; Average non-overtime hours: 44 per work week, Average overtime hours worked: one per work week, Overtime pay: ($20/hour x 1.5) x (one overtime hour/week x 4 weeks) = $120, Regular wages earned by the employee in the four work weeks before the work week in which the public holiday occurred: $3520 ($20/hour x 44 hours per week x 4 work weeks). For example, an employee who agreed to work an eight-hour shift on Canada Day and who usually assembles 100 widgets during an eight-hour shift will not be considered to have performed only some of the work merely because they assembled only 80 widgets on Canada Day. When employees are given the day off, their employers also decide whether it should be a paid holiday. Note also that those hours that are worked on a public holiday and compensated with premium pay are excluded only for the purposes of determining overtime entitlements. This section is intended to discourage employees from unilaterally taking an extra day off around the public holiday by failing to show up on the day they are expected to work before or after the holiday, or by showing up to work later or leaving earlier than expected before or after the holiday. It is not a violation of the ESA 2000 for an employee who has agreed in writing to work on Canada Day to be given Monday, June 30, as the substitute holiday. But the holiday is called different things in different areas. On March 24 2021 the House of Com. In other provinces, such as Quebec, it isnt observed at all. Since the employee was on suspension, work could not have been scheduled for them on that day. August 1 - Monday: Ontario Civic Holiday. If an employee is subject to an averaging agreement or arrangement, the employee may exceed the weekly overtime threshold in a particular week, but might not receive overtime pay for those hours because of the averaging arrangement. 365 Bloor Street East, Toronto, Ontario, M4W 3L4. See, Which must be scheduled for a day that would ordinarily be a working day for the employee; and, Which must be scheduled for a day before the deadlines set out in. Note: An employee who is entitled to a substitute holiday pursuant to s.27(2)(a) does not lose that entitlement if they fail without reasonable cause to work all of their regularly last regularly scheduled day of work before or first regularly scheduled day of work after the substitute holiday. National Disc Golf Day. It is not a federally or provincially . It is often called the August Holiday, Civic Holiday, Provincial Day, or other local names, such as Terry Fox Day in Manitoba. For which the employee must be paid public holiday pay. The section states that the employer must schedule the substitute holiday (which, pursuant to s.30(2), must be set for a day that is ordinarily a working day for the employee) for a day that is no later than three months from the date of the public holiday. For example, an employee is hired on the basis that they are available to work Mondays through Fridays, and is actually scheduled to work on each of those days (although not on any regular basis, e.g., Monday and Tuesday one week, Tuesday and Friday the next week, Wednesday and Thursday the next week, etc.). This provision sets out an employees entitlement when a public holiday falls on a day that is not ordinarily the employees working day, or is during the employees vacation. No. Thanksgiving Day: October 10, 2022. As they were on an assignment from January 15 to May 1 when the holidays fell they are not considered to be on a lay-off pursuant to ESA Part XVIII.1, s.74.10(1) for the purposes of s.29(2.1). Civic Holiday. At the time of writing, no other manner of calculation is prescribed pursuant to paragraph (b). Pursuant to s.56(1)(c), the employee is considered to be terminated. The holiday was formally created in 1875 when the first Monday in August became the August Civic Holiday. The default entitlement for such an employee is wages paid at the employees "regular rate" (see ESA Part I, s.1)for each hour worked on the public holiday, plus a substitute holiday: However, if an employer and employee agree in writing, the employer must, instead of the default entitlement, give to the employee public holiday pay plus premium pay for each hour worked on the public holiday. During your holiday to Canada, you could explore the breathtaking scenery of the world-famous Rockies; the vast prairie interior of Saskatchewan and Manitoba; the rolling hills of Ontario and the dramatic coastlines of Atlantic Canada. 31 If an employee receives premium pay for working on a public holiday, the hours worked shall not be taken into consideration in calculating overtime pay to which the employee may be entitled. The provincial holidays are: Family Day: February 21, 2022. 32 If the employment of an employee ends before a day that has been substituted for a public holiday under this part, the employer shall pay the employee public holiday pay for that day in accordance with subsection 11(5). If the employee performs some of the work that he or she was required to perform on the public holiday but fails, without reasonable cause, to perform all of it, he or she is entitled to premium pay for each hour worked on the public holiday but has no other entitlement under subsection (2). The Civic Holiday is celebrated on the first Monday of August and it's a public holiday in some provinces and territories. The first Monday in August which is often called Civic Holiday or Simcoe Day is a municipal holiday generally observed in Ontario. The Fair Workplaces, Better Jobs Act, 2017, SO 2017, c 22, added s.27(2.1) to the ESA 2000, effective January 1, 2018. For further discussion, please refer to ESA Part XVII Retail Business Establishments. The assignment employee was an employee of the agency on Labour Day. There are a total of 9 stat days in Ontario. The tradition of a Canadian holiday in the middle of summer dates back to Toronto in 1869. In determining how much money the employer owes the employee, the amount of public holiday pay owing would NOT be offset by the amount of wages earned by the employee for working on the holiday. Is entitled to both Christmas Day and Boxing Day as days off with public holiday pay in the pay period immediately preceding New Years Day, so only works 3 days. In either case, the employee is entitled to public holiday pay for the holiday - see ESA Part X, s.29(2.1). Pursuant to s.28(4) paragraph 5, the employee is only entitled to premium pay for each hours worked on the public holiday. RSVP at https://t.co/c5of3eMrup #LdnMuse pic.twitter.com/BUzkiwrQAm. Join us on August 2 for a virtual event celebrating the diverse communities throughout #LdnOnt!Celebrating Communities: A Celebration of Connection, Kindness, and Culture will include musical performances, storytelling, tutorials & more! Because the employee was not employed in the pay period immediately preceding the public holiday, public holiday pay is calculated in accordance with s. For example, if an employee was hired during the pay period in which Family Day falls and agreed in accordance with ESA Part X, s.27(2)(b) to work on Family Day, what is the public holiday pay entitlement for that day? . An employee will not be considered to have worked all of their last regularly scheduled day of work before the public holiday and all of their first regularly scheduled day of work after the public holiday if they did not work the entire scheduled shift on both of those days. Statutory holidays in Ontario . Note: An employee who is entitled to a substitute holiday pursuant to s.29(1) does not lose that entitlement if they fail without reasonable cause to work all of their last regularly scheduled day of work before or first regularly scheduled day of work after the substitute holiday. Note that although this employees average daily wage (not including vacation pay) is $212 [(44 hours x $20) + (6 hours x $30) divided by 5], the employee is entitled only to $184.48 public holiday pay because overtime pay is excluded from the public holiday pay calculation. For example, Canada Day is on a Tuesday. Was not on a vacation during four work weeks prior to the work week in which the public holiday occurred; Was not otherwise absent from work for any other reason during those four work weeks. But because public holiday pay is based on regular wages earned and vacation pay payable in the four work weeks prior to the public holiday, an employee who was on a leave or lay-off for some or all of the four weeks prior to the public holiday, the quantum of public holiday pay to which they will be entitled will be less than the equivalent of a regular days pay [and in the case of an employee who was on a leave or lay-off for the entire four weeks, will be zero]. Assume employee worked the entire pay period immediately preceding the week in which the public holiday fell. See the discussion in under Reasonable Cause below. 29(4) The employee has no entitlement under subsection (1), (2.1) or (3) if he or she fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before the public holiday or all of his or her first regularly scheduled day of work after the public holiday. See ESA Part X, s. 24 for the calculation of public holiday pay and premium pay. An assignment employee was hired by a temporary help agency on October 1, 2017. Family Day: 21 February. When the employee entered into the s.27(1) agreement, the general entitlement under ESA Part X, s.26 ceased to apply to that employee. They codify policy that applied under the former Employment Standards Act. August 2022 Calendar as HTML. The four work weeks with respect to which the public holiday pay calculation is performed will go backwards four weeks starting on the first Sunday (the last day of the employers work week) before the public holiday: In this example, the regular wages earned and vacation pay payable to the employee in the four work weeksidentified will be used in the calculation. Note that in certain circumstances, employees are entitled to a substitute holiday and to be paid public holiday pay as if the substitute day were a public holiday see for example ESA Part X, s.27(2)(a). Toronto Public Private Holidays In 2. . (2.1) If a day is substituted for a public holiday under clause (2) (a), the employer shall provide the employee with a written statement, before the public holiday, that sets out. (First Day) Grenada: Public Holiday Mon, August 14 Victory Day: Regular wages earned by the employee in the four work weeks before the work week in which the public holiday occurred: $3600 ($200/day times 18 days worked). See ESA Part X, s.24 for a discussion of public holiday pay. Therefore, public holiday pay to be calculated using the pay period immediately preceding the public holiday. $1160 ($20.00/hour times 58 hours worked). Fanshawe Pioneer Village will offer enhanced programming this weekend, with Saturday devoted to hearth cooking and Sunday to the meaning and importance of emancipation, since Aug. 1 the day in 1834 when slavery was abolished across the British Empire. Regular wages is defined in ESA Part I, s.1 as follows: regular wages means wages other than overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, termination pay, severance pay and termination of assignment pay and entitlements under a provision of an employees contract of employment that under subsection 5(2) prevail over Part VIII, Part X, Part XI, section 49.7, Part XV or section 74.10.1. Re: 1st August Public Holiday Jun 27, 2022, 9:37 AM Depends where you are going in Ontario (it's a very large place). Additional provisions that were in effect January 1, 2018 to June 30, 2018 (ss. It provides that the amount of premium pay shall be at least one and one half times an employees regular rate. October 2, 2023 National Day for Truth and Reconciliation. This means that the substitute holiday takes the place of the public holiday. Ontario Public Holidays. $1660 divided by 10 = $166 public holiday pay. Where the last regularly scheduled work day before a public holiday or the first regularly scheduled day of work after a public holiday falls on a day that, while it would ordinarily have been a working day for the employee, is a day on which the employee is on lay-off, they will not be considered to have failed to work the last before or first after; since the employee was on lay-off, work would not have been scheduled for them on that day. If the officer assesses under clause (a), they will not be able to order a substitute holiday for the employee if the three-month deadline for taking the substitute holiday has already passed, because to do so would not be in accordance with s.28(3)(a) - although the parties could, of course, agree to such a result on their own. The civic holiday is not a statutory holiday although it's a day off for many employees across the country. Read what our clients and colleagues have to say about our services and consultants. When the employee was required to work on the public holiday, ESA Part X, s.26 and s.27 and the entitlements available under those provisions no longer applied to that employee. Whether or not a holiday falls on a day that is ordinarily a working day for an employee will determine what the employee is entitled to for the holiday, and, in certain industries, whether or not the employer can require the employee to work on the holiday. In Canada, the tradition of a holiday in the middle of summer goes back to the mid-19th century. We encountered an issue signing you up. Click here for 2021 Ontario Stat Holidays. Ontario's next stat holiday is Christmas Day on December 26. For example, an employee who agreed to work an eight-hour shift on Canada Day and who usually assembles 100 widgets during an eight-hour shift will not be considered to have performed only some of the work merely because they assembled only 80 widgets on Canada Day. Vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred: $0, $3320 divided by 20 = $166 public holiday pay. This section allows an employer and employee to agree in writing that an employee will be paid public holiday pay for a holiday instead of receiving a substitute day the employee would otherwise be entitled to pursuant to s.29(1). Premium pay for work on public holiday = ($15 x 1.5) x 8 hours = $180, Overtime Pay = 1 hour x ($15 x 1.5) = $22.50. This section states that s.29(2.1) will not apply to employees who are on lay-off if their employment has been terminated pursuant to ESA Part XV, s.56(1)(c). Nat'l. Watermelon Day. Unlike such statutory holidays as Victoria Day, Canada Day and Labour Day, the civic holiday doesnt have much of an identity. He convened the first legislative assembly and established York (now Toronto) as the capital of the province. The Programs position is that an assignment employee will not be considered to have failed to work the last regularly scheduled working day before the holiday or first regularly scheduled working day after the holiday if they work on the last day they were supposed to work before the holiday and the first day they were supposed to work after the holiday in accordance with their assignment or assignments (if any). The public holiday pay would be calculated as the regular wages earned and vacation pay payable in the four work weeks before the work week in which the public holiday occurred, divided by 20 see ESA Part X, s.24(1). In the pay period before the public holiday, the employee worked: The employee was not absent on s.50 personal emergency leave or vacation for the entire pay period immediately preceding the public holiday. Discover upcoming public holiday dates for Ontario and start planning to make the most of your time off. To see if your store location near you is open, check here. Join us here in Niagara Falls to celebrate the August long weekend. See ESA Part XVIII.1, s.74.10 for a discussion of the application of Part X to assignment employees of temporary help agencies, particularly the Programs policy that a public holiday falls on a day that is ordinarily a working day for an assignment employee only if the employee is on assignment and the holiday falls on a day that they would be working pursuant to the assignment (assuming there had been no holiday). There was an error, please provide a valid email address. Victoria Day: 23 May. Date Day Holiday; 1 Jan: Sat: New Year's Day: 21 Feb: Mon: Family Day: 15 Apr: Fri: Good Friday: 23 May: Mon: Victoria Day: 1 Jul: Fri: As discussed above, employees may lose the entitlement to public holiday pay or a substitute day off with public holiday pay if the employee fails, without reasonable cause, to work all of their last regularly scheduled working day before the holiday or all of their first regularly scheduled working day after the holiday. See ESA Part X, s.24 for the calculation of public holiday pay. document.write(day_strings[todayDate]); Section 24(1) sets out the calculation that is used to determine the amount of public holiday pay owing. Canadians are not always aware that Black and Indigenous Peoples were once enslaved on the land that is now Canada. The following examples are intended to provide guidance in determining the public holiday entitlements of assignment employees pursuant to ESA Part X, ss. Global News Monday will be a day off for many Ontarians as the province celebrates a civic holiday on the first weekend of August 2022. National Root Beer Float Day. August 1st marks the 213th day in the Gregorian calendar. For example, if an employee works on Canada Day for regular pay and is given a substitute day off with public holiday pay, the hours worked on Canada Day are counted. Regular wages earned by the employee in the pay period immediately preceding New Years Day: $600 ($200 X 3 days worked). Employee performs none of the work on the public holiday, (i.e., did not show up at all on the holiday), with reasonable cause, employee entitled to: Pursuant to s.30(4) paragraph 2, the employee is entitled to either a substitute holiday or public holiday pay if the employee had earlier agreed to be paid public holiday pay and premium pay for each hour they were going to work on the public holiday instead of receiving a substitute holiday. Civic Holiday on the first Monday of August is an optional holiday provincially regulated employers are not required by law to give this day offStatutory Holidays in . Family Day. As in example 7A, those overtime wages will be excluded from the calculation of public holiday pay. An issue has arisen as to the appropriate remedy where an employer requires an employee to work on the public holiday but neither provides a substitute holiday, nor pays the employee premium pay or public holiday pay. This section means that any hours worked on a public holiday that are compensated with premium pay are to be excluded when determining whether an employees hours of work exceed the applicable overtime threshold. It is Program policy that the answer is yes. This section sets out the entitlement of an employee who agreed to work on a public holiday that fell on a day that is not ordinarily a working day, pursuant to s.30(1). For employees who are on lay-off, a leave under ESA Part XIV, or any other leave of absence when a public holiday occurs, their pre-leave or pre-lay-off schedule determines whether the public holiday falls on a day that would or would not ordinarily be a working day for an employee, and thus whether s.26 or s.29 will apply to that particular public holiday. Number of hours to be included in overtime threshold calculation = 53 actual hours worked minus 8 hours worked on the public holiday for which the employee was paid premium pay = 45 hours, Number of overtime hours = 45 hours minus 44 hours = 1 hour. Canada Day conjures up images of flags and fireworks. However, where the employees employment has been terminated prior to the substitute day being taken, s.32 provides that the amount of public holiday pay owing is to be determined using the actual public holiday as the reference point. What constitutes reasonable cause is discussed in the next section. Performs only some of the work on a public holiday that the employee had agreed to perform: Performs none of the work on a public holiday that the employee had agreed to perform: Does not work the entire regularly scheduled days of work before or after the public holiday without reasonable cause. 24(1.1) and 24(1.2)) established rules for applying the averaging formula when an employee was on a personal emergency leave or vacation during the relevant pay period or was not employed during the relevant pay period. This means that all payment for hours worked over the prescribed threshold is excluded from the calculation. In some provinces, it is a provincial holiday, as in Manitoba, where its called Terry Fox Day. Employee performs some but not all of the work they agreed to perform on the public holiday, (i.e., showed up for only part of the shift) with reasonable cause: Pursuant to s.30(4) paragraph 4, the employee is entitled to either wages at their regular rate plus a substitute holiday, or public holiday pay plus premium pay if they agreed to be paid public holiday pay plus premium pay instead of receiving a substitute holiday. An employee may wish to extend the three-month deadline if, for example, they want to tack the substitute holiday on to their next vacation but the vacation is more than three months away. So long as the employee worked the entire eight-hour shift, they will have performed all of the work they were required to perform on the holiday. For example, if an employee was on a pregnancy or parental leave for all (or part) of the pay period immediately preceding a public holiday, her public holiday pay would be calculated on the basis of days worked and pay earned in the pay period immediately preceding the holiday. The holiday is mentioned in a number of Ontario statutes within the context of giving time off for specific types of employees or of regulating business hours, etc. It is not always readily apparent which days are ordinarily working days for a given employee. By continuing to use our site, you agree to our Terms of Service and Privacy Policy. An employee who has been suspended by the employer on a day that would otherwise have been the last regularly scheduled day before a public holiday or the first regularly scheduled day after a public holiday is not considered to have failed to work the last before or first after. Public holiday taken as a day off on Monday. August 1st Holidays. Pursuant to s.27(4) paragraph 5, the employee is entitled only to premium pay. If the employee, without reasonable cause, performs none of the work that he or she agreed to perform on the public holiday, the employee has no entitlement under subsection (2). 29(2.1) If a public holiday falls on a day that would not ordinarily be a working day for an employee and the employee is on a leave of absence under section 46 or 48 or on a layoff on that day, the employee is entitled to public holiday pay for the day but has no other entitlement under this Part with respect to the public holiday. The concept of a midsummer holiday for a day of recreation in Toronto dates as far back as 1869; the House of Commons in England first established it as a Canadian version of a bank holiday in 1871. It is a statutory holiday in some provinces and territories but in others it has another legal status. Civic Holiday, aka the August long weekend, is the perfect time to plan a getaway to the majestic Niagara Falls. The entitlement for such an employee is either: The employer chooses which of the options above to provide the employee. Averaging formula: the total amount of regular wages earned in the pay period immediately preceding the public holiday, divided by the number of days the employee worked in that period. However, an employee may be required to provide evidence reasonable in the circumstances per s.50 (12) and to support reasonable cause per ESA Part X, ss. The employee is subject to an averaging agreement and exceeds the weekly overtime threshold in a particular week, and receives overtime pay for some of those hours because of the averaging agreement. This section establishes a deadline for scheduling a substitute holiday an employee earns pursuant to s.29(1). This means that the substitute holiday takes the place of the public holiday. Rather, it refers to whether the employee worked the whole shift, part of the shift, or none of the shift they were required to work on the public holiday. 28(2) Subject to subsections (3) and (4), if an employer requires an employee to work on a public holiday under subsection (1), the employer shall. Where the last regularly scheduled work day before a public holiday or the first regularly scheduled day of work after a public holiday falls on a day that, while it would ordinarily have been a working day for the employee, is a day on which the employee is on vacation, they will not be considered to have failed to work the last before or first after; since the employee was on vacation, work could not have been scheduled for them on that day. In that situation, the four steps outlined above would apply. Where the employee has agreed to work on a public holiday and the employer is substituting the public holiday in accordance with s.28(2)(a), this section requires the employer to provide the employee with a written statement: The written statement must be provided to the employee before the actual public holiday. To determine whether the proper amount of public holiday pay has been paid: As the amount owing to the employee under the public holiday calculation is $160.00 and the employee only received $101.60 for the substitute holiday, the employer owes the employee $58.40. This means that when calculating the amount of public holiday pay owing for a substitute day, the period over which the calculation is performed is the four work weeks before the work week in which the substitute day falls, not the four work weeks before the work week in which the actual public holiday fell. Because it's not a statutory holiday in Ontario, businesses are allowed to open. The following pools will be open on Monday Aug. Memory Express Inc Computer Parts Laptop Computers. In the past few years, a number of private . An employee was on an assignment from January 15 to May 1 and was scheduled to work only Tuesdays and Thursdays of each week. Civic Holiday - Monday, August 1, 2022 Labour Day - Monday, September 5, 2022 National Day for Truth and Reconciliation - Friday, September 30, 2022 Thanksgiving Day - Monday, October 10, 2022 Remembrance Day - Friday, November 11, 2022 Christmas Day - Sunday, December 25, 2022 (Contact centres closed Monday, December 26, 2022) But it didnt happen the same day in every community, nor did it have any consistency from year to year. The written agreement contemplated in s.30(3)(b) must be reached prior to the public holiday as the employer is required under s.30(2.1) to give the employee a written statement setting out the date of the substitute day. Boxing Day Dec 26, is in 76 days. The written agreement contemplated in s.28(3)(b) must be made prior to the public holiday as the employer is required under s.28(2.1) to give the employee a written statement setting out the date of the substitute day. Work week is defined in ESA Part I, s.1 as follows: This means that the phrase in s.24(1) that sets out the period over which the calculation of public holiday pay is to be performed- the four work weeks before the work week in which the public holiday occurred- does not necessarily refer to the four calendar weeks immediately preceding the public holiday. 27(2) Subject to subsections (3) and (4), if an employer and an employee make an agreement under subsection (1). Many people think that is should be a statutory holiday all across Canada. This means that the substitute holiday takes the place of the public holiday. The following pools will be open on Monday Aug. All GTA locations will be open from 8 am. See ESA Part 1, s.1(3) for a discussion of issues surrounding agreements, e.g., retroactivity, specificity, and requirements regarding informed and voluntary consent. On March 24, 2021, the House of Commons voted unanimously to officially designate August 1 Emancipation Day. The referee held that the employees had worked their scheduled days before and after the holiday: If the employers argument that the claimants were not employees on the holidays in question because they had been terminated was upheld, then surely nothing would prevent an unscrupulous employer from terminating an employee the day before each public holiday only to rehire the day after such holiday in order to avoid compliance with the legislation. Ontario Public Holidays 2022. for an employee who is paid by the hour, the amount earned for an hour of work in the employees usual work week, not counting overtime hours. See ESA Part 1, s.1(3) and (3.1) for a discussion on written agreements. As a result, s.29(1) applies and they are entitled to a substitute day off for both Family Day and Good Friday with public holiday pay calculated as if the substitute days were the public holidays. Although the employee was on s.50 personal emergency leave during the pay period immediately preceding the public holiday the employee was not on personal emergency leave for the entire pay period. Note that the employee must be on ESA Part XIV, s.50 personal emergency leave or on vacation (or both) for the entire pay period for s.24(1.1) to apply. For the purposes of counting the number of days the employee worked in the pay period, an employee is considered to have worked only one day in situations where their shift spans two calendar days. So what are you waiting for? This section sets out the rate that is to be used to calculate any premium pay an employee may be entitled to pursuant to other sections in Part X. if(typeof day_strings[todayDate] != "undefined") { 29(2) A day that is substituted for a public holiday under subsection (1) shall be. Works 11 hours a day, 4 days a week, earning $220/ day; Was not on vacation during the four work weeks prior to the work week in which the public holiday occurred; Regular wages earned by the employee in the four work weeks before the work week in which the public holiday occurred: $3520 ($220 times 16 days worked), $3520 divided by 20 = $176 public holiday pay. Because the employee works Monday through Friday in this example, the two ESA Part XIV, s.50 personal emergency leave days taken May 10 and May 11 were taken consecutively with the five s.50 leave days taken May 14 to May 18 and the personal emergency leave then started on May 10. Common Local Holiday Mon, August 7 Ontario Civic Holiday: Canada (Ontario) Local Observance Mon, August 7 . Whether or not an event that does not fall within s.50, s.50.0.1 or s.50.0.2 amounts to reasonable cause for the purpose of s.26(2) will depend on the circumstances. Under s.24(1.2), employees who commence employment in the pay period that includes a public holiday are entitled to public holiday pay for that holiday based on the regular wages earned in the pay period that includes the public holiday divided by the number of days the employee worked in that period. The section states that the employer must schedule the substitute holiday (which, pursuant to s.28(2)(a), must be set for a day that is ordinarily a working day for the employee) for a day that is no later than three months after the date of the public holiday. The tradition of a Canadian holiday in the middle of summer dates back to Toronto in 1869. The Boards analysis hinged on the meaning of vacation pay payable, and found that s.24(1) does not require the employer to take into account vacation pay actually paid in the four-week period. Regular wages earned by the employee in the four work weeks before the work week in which the public holiday occurred: $3600 ($200 times 18 days worked). Only regular wages and vacation pay are included in the calculation of public holiday pay. Where it doesnt have a specific name, as in London, it has the blandest of monikers. Postmedia Network Inc. | 365 Bloor Street East, Toronto, Ontario, M4W 3L4 | 416-383-2300. You can also access your accounts through online, mobile, telephone banking, or one of our HSBC or THE EXCHANGE ATMs. Pursuant to s.74.2, Part XVIII.1 of the Act, which includes s.74.10(2), does not apply to those assignment employees who provide professional services, personal support services or homemaking services as defined in the Home Care and Community Services Act, 1994 if the assignment is made under a contract between the employee or their employer and a community care access corporation within the meaning of the Community Care Access Corporations Act, 2001, SO 2001, c 33. The interpretation of the provisions that were previously in force are set out under the table. Pursuant to s.28(4), paragraph 1, the employee has no entitlement of any sort: not to a substitute holiday, to public holiday pay or to premium pay. 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