However, see ss. The application of this section was clarified in respect of certain assignment employees of temporary help agencies by s. 74.10(2) on November 6, 2009 with the coming into force of the Employment Standards Amendment Act (Temporary Help Agencies) 2009, SO 2009, c 9. The Fair Workplaces, Better Jobs Act, 2017, SO 2017, c 22, added s.27(2.1) to the ESA 2000, effective January 1, 2018. The amount of public holiday pay owing for public holidays from January 1, 2018 to June 30, 2018, and for substitute holidays that were taken during that time period (regardless of when the public holiday for which the substitute holiday was earned occurred) was determined by now-repealed sections 24(1)(a), 24(1.1) and 24(1.2), as follows: The calculation, which provides for an average day`s pay in respect of the public holiday, is made by taking the regular wages earned in the pay period immediately preceding the public holiday and dividing that amount by the number of days actually worked within that pay period. Pursuant to s.56(1)(c), the employee is considered to be terminated. Canadians are not always aware that Black and Indigenous Peoples were once enslaved on the land that is now Canada. If the employer and employee agree in writing the substitute holiday can be scheduled for a day that is up to 12 months after the date of the public holiday. 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. For example, an employee is on lay-off for more than 13 weeks in any period of 20 consecutive weeks. 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 decision is contrary to Program policy, which is that vacation pay payable means vacation pay paid or that ought to have been paid. 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. var todayDate = dateObj.getFullYear() + "-" + todayMonth + "-" + todayDay; Did you know the August long weekend is not a statutory holiday, either federally or provincially? 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. For example, where Christmas Day and Boxing Day fall within one pay period and New Years Day falls in the next pay period. 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). The first Monday of August is a holiday for people in many parts of Canada. 24(1.1) and (1.2) below which set out those situations in which a pay period other than the pay period immediately preceding the public holiday is used to calculate public holiday pay. 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. You can also access your accounts through online, mobile, telephone banking, or one of our HSBC or THE EXCHANGE ATMs. Its identity is its a day off, Lloydlangston said. However, an employment relationship must have still existed between the parties on the public holiday itself. What retail holidays are coming up in Ontario? Civic Holiday: August 1: AB, BC, SK, ON, NB, NU: Discovery Day: August 15: YT: Labour Day: September 5: National: Thanksgiving: October 10: National except NB, NS, NL: Remembrance Day: . August 1st marks the 213th day in the Gregorian calendar. 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. They are not excluded for any other purposes, such as the hours of works limits or the weekly/biweekly rest periods. To see if your store location near you is open, check here. 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. If an agreement is reached, the entitlements set out in s.27(2) will apply instead of those set out in s.26. 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. Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. In other provinces, such as Quebec, it isnt observed at all. Regular wages earned by the employee in the four work weeks before the work week in which the public holiday fell: $3520 ($20/hour x 44 hours/week x 4 weeks) note that all pay for hours worked in excess of 44 are excluded; Vacation pay payable to the employee with respect to the four work weeks before the work week in which the public holiday fell: assuming the employee has fewer than five years of employment - $169.60 [($3520 of regular wages + $720 of overtime pay) x 4%], Note: vacation pay is payable on ALL wages (except for vacation pay), including overtime pay, pursuant to, $3869.60 divided by 20 = $184.48 public holiday pay, Has agreed in writing to average the hours worked over four weeks for the purpose of determining the employees overtime pay entitlement pursuant to. Consistent with the Programs position regarding the provision of the poster under ESA Part II, s. 2(5), an employer may provide the statement as a printed copy or as an attachment in an email to the employee. Public holiday pay and premium pay are excluded from the definition of regular wages. However, many of the provinces differ in their designation of other holidays as they relate to the individual region. There was an error, please provide a valid email address. Note that agreements to adjust the schedule are not required to be in writing, as they are not agreements provided for in the ESA 2000. Monday, February 21. August . Visit our Community Guidelines for more information and details on how to adjust your email settings. In order for s.28 to apply, the employee must be employed "in" a hospital, continuous operation, hotel, motel, tourist resort, restaurant or tavern. This means that all payment for hours worked over the prescribed threshold is excluded from the calculation. August 1st marks the 213th day in the Gregorian calendar. 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. 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. Please refer to ESA Part X, s.26 for a discussion of this provision. Read more about cookies here. 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. For example, Canada Day is on a Saturday. Pursuant to s.27(4) paragraph 3, the employee is entitled only to premium pay for each hour worked on the public holiday. 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. Therefore, public holiday pay to be calculated using the pay period immediately preceding the public holiday. Note that if the employee had taken a different workday off other than a Tuesday, the result would differ because of the different number of hours the employee works on their other workdays. This section provides that an employee whose employment is terminated before they received their substitute day off with public holiday pay is owed the public holiday pay. It is not always readily apparent which days are ordinarily working days for a given employee. 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. 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. Holiday hours for 265 selected businesses, organizations, and services in Peterborough, Lindsay, Cobourg, Port Hope, and across the greater Kawarthas region. 27(3) A day that is substituted for a public holiday under clause (2)(a) shall be. Paragraph (a) provides for what is commonly referred to as a pro-rating formula for public holiday pay, based on a five-day work week (20 divided by four work weeks). Common Local Holiday Mon, August 7 Ontario Civic Holiday: Canada (Ontario) Local Observance Mon, August 7 . Regatta Day. Good Friday. This section provides an exception to the entitlement in ESA Part X, s.29. In Canada the first Monday in August is a holiday in all provinces except for Quebec Newfoundland and Labrador Ontario and Yukon. Because public holiday pay for a substitute holiday is calculated on the basis that the substitute day is a public holiday in accordance with s. 27(2)(a), s.28(2)(a), s.29(1) and s.30(2)(a), the formula in s.24(1) applies when calculating public holiday pay for substitute days. Consistent with the Programs position regarding the provision of the poster under ESA Part III, s.2(5), an employer may provide the statement as a printed copy or as an attachment in an email to the employee. Note that even if the employee had been paid for one or more of the personal emergency leave days pursuant to subsection 50(5), the amount paid would not be included in the public holiday pay calculation, since personal emergency leave pay is excluded from the definition of regular wages. The situations and consequences addressed in each of the five paragraphs in s.27(4) are as follows: 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. During each of the three work weeks prior to the public holiday, an employee spends 60 per cent of her time performing Work A (exempt work) and 40 per cent performing Work B (non-exempt work). What follows are some examples of situations in which an employee will not be considered to have failed to work their last regularly scheduled day of work before or first regularly scheduled day of work after the public holiday. Is September 30 a Holiday in Ontario? The employee was on assignment when the holiday occurred and would ordinarily have worked on the day the holiday fell (pursuant to their assignment) and so is entitled to Thanksgiving Day as a day off with public holiday pay for the day - see s.26(1). The employer must pay the public holiday pay no later than the later of seven days after the termination or the day that would ordinarily have been the employees next pay day. Good Friday: 15 April. You might consider checking out one of Londons museums on the weekend, but keep in mind their doors are closed Monday, although they have virtual programming. If the employee does not agree in writing to receive public holiday pay plus premium pay, then the entitlement in s. 27(2)(a) will apply. This becomes relevant when a public holiday falls within the pay period immediately preceding a public holiday. In either case, the employee is entitled to public holiday pay for the holiday - see ESA Part X, s.29(2.1). Labour Day has strong associations with the labour movement and workers rights. 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). 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). Ontario celebrates nine statutory holidays including New Years Day, Good Friday and Christmas. See ESA Part X, s.26 for more details. In 2022 Civic Holiday is on Monday . See ESA Part X, s.24 for a discussion of public holiday pay. Every situation that impacts on an employees entitlement is covered. 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. Assume that the employees rate of pay is $15.00 per hour. Ryan Pyette's On the OHL newsletter is your guide to the Ontario hockey season. Family Day: 21 February. The same approach applies to personal emergency leave taken under the previous provisions, in force prior to January 1, 2019. National Girlfriends Day and National Respect for Parents Day are observed on. Works eight hours a day, five days a week, earning $200/day; Receives vacation pay when the vacation is taken (as opposed to on each pay cheque as it accrues, or at some other time); Was not on vacation during the four work weeks preceding the work week in which the public holiday occurred; Was not otherwise absent from work during those four work weeks. 28(3) A day that is substituted for a public holiday under clause (2) (a) shall be. Ontario Public Holidays 2022. Their previous assignment ended two months earlier. It can have the effect of lowering the amount of public holiday pay owing to an employee on New Years Day and possibly Boxing Day. RSVP at https://t.co/c5of3eMrup #LdnMuse pic.twitter.com/BUzkiwrQAm. For example, an employee works Monday to Friday in a business that is open seven days a week. It's the August Civic Holiday, and this one is a little different than most. October 10, Monday Thanksgiving * November 11, Friday Remembrance Day . Toronto Zoo: open 9 a.m. to 7 p.m. High Park Zoo: open 9 a.m. to 7 p.m. Royal Ontario Museum: open 10 a.m. to 5:30 p.m. Community recreation centres: closed on Monday. Did you know the August long weekend is not 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. a day that is no more than three months after the public holiday; or. Remembrance Day is not a statutory holiday in Ontario, which is controversial and some employers still give employees the day off. If the employee, with reasonable cause, performs none of the work that he or she agreed to perform on the public holiday, the employer shall give the employee a substitute day off work in accordance with clause (2) (a) or, if an agreement was made under clause (2) (b), public holiday pay for the public holiday. Civic Holiday, aka the August long weekend, is the perfect time to plan a getaway to the majestic Niagara Falls. 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>"}; 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. 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. See Part X, ss. 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. Section 24(1) sets out the calculation that is used to determine the amount of public holiday pay owing. See ESA Part I, s.1 for a discussion of issues around agreements, e.g., retroactivity, specificity, and requirements regarding informed and voluntary consent. Here you will find the public holidays for Ontario of the current year , of the following two years , , as well as . Week 1: Monday, December 15 Sunday, December 21, Week 2: Monday, December 8 Sunday, December 14, Week 3: Monday, December 1 Sunday, December 7, Week 4: Monday, November 24 Sunday, November 30. While any event that entitles an employee to take sick leave, family responsibility leave or bereavement leave will constitute reasonable cause, the opposite is not necessarily true. Earns $20 an hour and works 10 days per week; Has agreed in writing to average their hours over two weeks for the purpose of determining the employees overtime pay entitlement; In the pay period immediately preceding the public holiday, the employee worked: Overtime pay: ($20/hour x 1.5) x (one overtime hour/week x 2 weeks) = $60, Regular wages earned by the employee in the pay period immediately preceding the public holiday: $1760 ($20/hour x 44 hours per week x 2 work weeks). Public Holidays 2024. What are her entitlements with respect to the public holiday? 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. In this situation, Part X will apply to that employee for that particular public holiday if 50 per cent or more of the employees hours during that work week were spent performing work that is not exempt. 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. Farmworker Appreciation Day. 1 800 56FALLS1 800 563-2557905 356-6061Contact Us. It is not a violation of the Act for an employee whose ordinary working days are Mondays to Fridays to be given Friday, June 30, as the substitute holiday. Click here for 2021 Ontario Stat Holidays. For information about the application of s.29(2.1) to assignment employees of temporary help agencies, see ESA Part XVIII.1, s.74.10. the public holiday on which the employee will work; the date of the day that is substituted for a public holiday under clause (2) (a); and. This year the Civic Holiday falls on August 1 which is also Emancipation Day established in 2021 to mark the day in 1834 when slavery was officially abolished across the British . The current assignment began one week prior to the week Thanksgiving Day (Monday) occurs and ended the Thursday following the holiday. Victoria Day marks the unofficial start of summer and is a time when many Canadians open their cottages for the season. 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). Take the total of the amounts obtained in 1. and 2., and divide that sum by 20. The text that appears below this chart in red font - provides an interpretation of the now repealed averaging formula. 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. IPA Day. Note that if the public holiday fell on a workday other than Monday, the result would differ because of the different number of hours the employee works on their other workdays. Pursuant to s.28(4) paragraph 2, the employer chooses which to give the employee: a substitute holiday or public holiday pay. 30(2) Subject to subsections (3) and (4), if an employer and an employee make an agreement under subsection (1). Venture into the mist with Niagara City Cruisesfor their Voyage to the Falls or Fireworks Cruise, Take a glass enclosed elevator down 180 feet for the Tunnel experience at the Niagara Parks Power Station, Fly without feathers at speeds of70+km/hatWildPlay's Zipline to the Falls. A welcome email is on its way. When are the next Statutory holidays in Ontario? if some other manner of calculation is prescribed, the amount determined using that manner of calculation. Sick leave, family responsibility leave and bereavement leave under ESA Part XIV, are, because of the nature of the events for which they can be taken, often not possible to be arranged in advance; therefore, an employee who had to take sick leave, family responsibility leave or bereavement leave on a day that is the last regularly scheduled day of work before or the first regularly scheduled day of work after the public holiday would arguably - if no advance notice was given - be regarded as having failed to work on the last regularly scheduled day before or the last regularly scheduled day after, as the case may be. This assumes that there was a written agreement in place for the employee to work on the holiday, as required by s.27(1). This exception to the entitlement is identical in substance to s.26(2). Civic Holiday, aka the August long weekend, is the perfect time to plan a getaway to the majestic Niagara Falls. 26-28 for the entitlements if a public holiday falls on a day that is ordinarily an employees working day and that is not during an employees vacation. The facilitation of religious or social activity: Relief from the everyday pressures of a job; and. The entitlements described above are subject to s. 27(4), discussed below. September 5, Monday Labour Day. An employee usually works weekdays, but agrees in writing to work on Canada Day. Divided by 10 (the number of days the employee worked in the pay period preceding the start of the vacation), $2000 divided by 10 = $200 public holiday pay, Commenced employment on Sunday, December 30. The table below shows the list of Ontario Statutory Holidays 2022 or 2022 Provincial holidays in Ontario. Section 29(2.1), which states that an employee who is on pregnancy or parental leave or lay-off when a public holiday falls will get public holiday pay for the public holiday, rather than a substitute day; Section 29(3), which allows employers and employees to agree in writing that the employee will be paid public holiday pay for the holiday instead of receiving a substitute day; Section 29(4), which disentitles an employee from a substitute day and public holiday pay if they fail without reasonable cause to work all of their regularly scheduled shifts before or after the public holiday; and. 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. Federal government offices will be closed, but. In that case only, s. 26, 27 or 28 would apply to determine an assignment employees public holiday entitlements. In this case, the Program would consider Mondays through Fridays to be days that would ordinarily be working days for that employee. 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. In this case, wages for all of the hours worked will be included in the calculation of public holiday pay. To say otherwise would undermine the general intent behind the continuity of employment provisions found in ESA Part IV, s.9. 27(1) An employee and employer may agree that the employee will work on a public holiday that would ordinarily be a working day for that employee, and if they do, section 26 does not apply to the employee. None of the conditions in s.56(2)(b) or (c) that would allow a lay-off to continue longer than 13 weeks are present. It is only the work performed during the work week in which the public holiday falls that is reviewed when applying s.25. the total amount of regular wages earned 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; or. Public holiday falls on Thursday, December 25. Holiday date Holiday name Holiday location Holiday type; Tue, August 1 . 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. 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 amount of public holiday pay owing is calculated as follows: Vacation pay can become payable in the following circumstances: In Munro Ltd. v Director of Employment Standards, 2015 CanLII 37329 (ON LRB), the Board determined that the employer must take into account the vacation pay earned by an employee in reference to their regular wages in the four-week period before the public holiday when calculating public holiday pay. 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. (Various private member's bills have been introduced in the Ontario Legislature attempting to make it official, but none has passed to date.) Join us here in Niagara Falls to celebrate the August long weekend. This means that Federal government offices are closed, but employers are under no obligation to treat this day as a holiday and give their employees a day off. However, where the employee had to commence the leave without advance notice, they will not lose the public holiday entitlement despite not working the last before or first after; although work was scheduled, the employee had reasonable cause for not working. 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. The civic holiday is not a statutory holiday although its a day off for many employees across the country. Also note that s.50(13) of the personal emergency leave provisions prohibits an employer from requiring that the employee provide a certificate from a qualified health practitioner: therefore, an employee cannot be required to produce such a certificate to support an entitlement to public holiday pay when the employee takes personal emergency leave during all or part of the time the employee was scheduled to work on a public holiday. To calculate public holiday pay for December 26 (Boxing Day): To calculate public holiday pay for New Years Day: The four work weeks over which the calculation is performed is from Monday December 1 to Sunday December 28. Toronto Public Private Holidays In 2. The Civic Holiday is celebrated on the first Monday of August and it's a public holiday in some provinces and territories. showed up for the entire shift); pay to the employee wages at his or her regular rate for the hours worked on the public holiday and substitute another day that would ordinarily be a working day for the employee to take off work and for which he or she shall be paid public holiday pay as if the substitute day were a public holiday; or. 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. 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. For example, if an employee on parental leave worked Mondays to Fridays before the leave, Mondays to Fridays are days that are ordinarily working days for that employee, and Saturdays and Sundays are days that would not ordinarily be working days for that employee. The Civic Holiday is not designated as an official statutory holiday by provincial legislation**. The payment of an entitlement earned through daily work. In 1875, the first August Civic Holiday in Toronto was created, but the idea of a Civic Day soon spread to other provinces. Performing both covered and exempt work Some employees perform more than one kind of work for an employer. See, Scheduled for a day before the deadlines set out in. Note: An employee who is entitled to a substitute holiday pursuant to s.28(2)(a) 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. Naming the public holiday on which the employee is required to work. 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. 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). In this case, those overtime wages will be excluded from the calculation of public holiday pay. Subsection 29(1.1) is a new provision added by the Fair Workplaces, Better Jobs Act, 2017, SO 2017, c 22, effective January 1, 2018. For example, the question has arisen in the restaurant industry as to how to determine which days are ordinarily working days for part-time employees who have irregular shifts. In that case only, ESA Part X, ss. In Ontario, the first Monday of August is technically a municipal holiday, as it is not designated as an official statutory holiday by provincial legislation. He convened the first legislative assembly and established York (now Toronto) as the capital of the province. As a non-statutory holiday in Ontario, the Civic Holiday is not listed as a public holiday in the province's Employment Standards Act. Divided by 7 (the number of days the employee worked in the pay period immediately preceding the public holiday). Whats open on the August civic holiday in Toronto for 2022 also known as Simcoe Day in Ontario is a bit different than your average long. The first Monday of August is celebrated in Ontario Canada as a Civic Holiday. 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. In 398827 Ontario Limited c.o.b. This section establishes a deadline for scheduling a substitute holiday an employee earns pursuant to s.27(2)(a). 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. Section 27(1) allows such employees and their employers to agree that the employee will work on 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.). 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. Noting the date on which the employee was given the statement. (1.2): Note that if the employee had commenced employment on or after January 2, they would not be entitled to public holiday pay for January 1 because they were not yet in an employment relationship with the employer on the holiday. Retail stores may be closed on these days in Ontario. The tradition of a Canadian holiday in the middle of summer dates back to Toronto in 1869. Overtime pay as per Part VIII, s. 22(1) is not just the extra premium of .5 times the regular rate for each hour over the prescribed overtime threshold, but is the entire 1.5 times the regular rate for each hour worked over the prescribed overtime threshold. 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. The legislation does not specify the manner in which the written statement must be provided. Canada Day: 1 July. This section establishes a deadline for scheduling a substitute holiday an employee earns pursuant to s.28(2)(a). The first Monday of August is celebrated in Ontario, Canada as a Civic Holiday. We ask you to keep your comments relevant and respectful. Its got a ton of different names, Lloydlangston said, including Simcoe Day in Toronto, Founders Day in Brantford, Brant Day in Burlington, Colonel By Day in Ottawa, Alexander Mackenzie Day in Sarnia, John Galt Day in Guelph and George Hamilton Day in Hamilton. In 1875, the first August Civic Holiday in Toronto was created, but the idea of a Civic Day soon spread to other provinces. 29(3) An employer and an employee may agree that, instead of complying with subsection (1), the employer shall pay the employee public holiday pay for the public holiday, and if they do subsection (1) does not apply to the employee. Unlike most other provinces, there is no province-wide holiday on the first Monday in August. In this case, wages for all of the hours worked will be included in the calculation. Agreed in writing to work 50 hours per week (10 hours/day, 5 days/week), and works 50 hours per week in each of the weeks in the pay period immediately preceding the public holiday; Regular wages earned by the employee in the pay period before the public holiday: $1760 ($20/hour x 44 hours/week x 2 weeks). In some provinces, it is a provincial holiday, as in Manitoba, where its called Terry Fox Day. The first Monday in August, which is often called Civic Holiday or Simcoe Day is a municipal holiday* generally observed in Ontario. For example, Canada Day is on a Tuesday. 27(4) The employees entitlement under subsection (2) is subject to the following rules: This section simply sets out the entitlements for an employee who agreed in writing to work on the public holiday pursuant to s. 27(1), but who fails to perform certain work. 2022 Holiday Branch Schedule Our branches are closed on all statutory holidays. 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. (3), will be considered to have reasonable cause. . There were two public holidays during this assignment: Family Day (Monday) and Good Friday (Friday). Civic Holiday - Monday August 1 2022. Although this employee is not entitled to a family responsibility leave of absence because "neighbours" are not listed in s.50.0.1(3), the employee may have reasonable cause for the purpose of s.26(2), depending on all of the circumstances. Therefore, public holiday pay to be calculated using the pay period immediately preceding the public holiday. In this case, because there are no days that, in the words of s.26, "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. Let us know. At the time of writing, no other manner of calculation is prescribed pursuant to paragraph (b). Not forgetting the variety of wildlife that call Canada home! The civic holiday takes place on the first Monday in August. National Girlfriends Day and National Respect for Parents Day are observed . 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. You can find a full schedule for the virtual event at londonheritage.ca. 24(1.1) If an employee is on a leave under section 50, on vacation or both for the entire pay period immediately preceding the public holiday, the calculation in clause 24 (1) (a) shall be applied to the pay period before the start of that leave or vacation. St Stephen was . This section provides a second exception to the entitlement in ESA Part X, s.26(1) to a public holiday off with public holiday pay. 26, 27 or 28 would apply to determine the employees public holiday entitlements. Where it doesnt have a specific name, as in London, it has the blandest of monikers. It is Program policy that the answer is yes. In 2020, the August Civic Holiday or August Long Weekend is Monday, August 3. The first Monday in August is a holiday all across Ontario. Section 32 will apply regardless of the reason for the employment coming to an end, whether it be because the employee resigned, or was terminated, whatever the reason behind the termination. The onus is on the employee to show that there was reasonable cause. For example, an employer has selected a work week of Monday to Sunday and the public holiday falls on a Thursday. if the employee and the employer agree, the employer shall pay to the employee public holiday pay for the day plus premium pay for each hour worked on that day. 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). Wages at employees regular rate for each hour worked on the public holiday PLUS a substitute holiday. var todayDay = dateObj.getDate(); And yes, some Honda dealerships have used the civic holiday as a sale day for their Civic model of car. The following is a list of the 2022 designated and statutory holidays for members of the Toronto Public Service. It is a statutory holiday in some provinces and territories but in others it has another legal status. Section 18 Directors liability to repay fees. This provision applies to employees in all operations, including hospitals, continuous operations, and hotels, motels, tourist resorts, restaurants and taverns. 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. August 1st Civic Holiday The first Monday of August is celebrated in Ontario, Canada as a Civic Holiday. However, as they had not earned any wages in the four work weeks before Labour Day, their public holiday pay is $0. September 4, 2023 Labour Day. ESA Part I, s.1 defines regular rate as follows: "Regular rate" means, subject to any regulation made under paragraph 10 of subsection 141 (1). The employee is subject to an averaging agreement and exceeds the weekly overtime threshold in a particular week, but does not receive overtime pay for those hours because of the averaging agreement. Using the hourly rate and the number of hours that would have been worked on the day the employee took off, determine how much of the salary paid is attributable to the day off ; By virtue of the fact that the employee did not work on the Tuesday because it was taken as a substitute holiday and yet received his full salary of $800 for that week, he in effect received $25.40 x 4 hours = $101.60 for the substitute holiday. 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. This advertisement has not loaded yet, but your article continues below. Thats right: Businesses, workers, agencies and government just all agree to have a common pause day in August, without the force of law behind it. However, during the work week the public holiday occurs, she spends 45 per cent of her time performing Work A (exempt work) and 55 per cent of her time performing Work B (non-exempt work). However, if an employee is on s.50 personal emergency leave or vacation (or both) in that prior pay period that is not consecutive with the s. 50 personal emergency leave or vacation days taken in the pay period immediately preceding the public holiday, the leave or vacation starts in the pay period immediately preceding 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. 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. October 2, 2023 National Day for Truth and Reconciliation. . For example, Canada Day is on a Saturday. Tisha B'Av. Five things you might not know about the August civic holiday, London police probe after two found dead at townhouse complex, Finally, Londoner's tiny, perfect new house goes up way up, 500,000 lights, one Southwestern Ontario town aglow for Christmas, Analysis: Inflation, work culture will loom large in city hall labour talks, LFP ARCHIVES: Inseparable to the end, and beyond, Fanshawe Pioneer Village historical interpreter Betty Rolfe uses a 160-year-old spinning wheel to transform wool into yarn outside of the 1865 Elgie Log House. (The same review must be performed for each public holiday.). They have no other entitlements to public holiday pay or a substitute holiday. Note also that Part XVII Retail Business Establishments has the effect of granting some of the above employees the right to refuse to work on a public holiday, if they work in a retail business establishment, despite s.28(1). . Divided by 10 (the number of days worked in the pay period immediately preceding the public holiday); $1760 divided by 10 = $176 public holiday pay. The holiday was formally created in . Comments may take up to an hour for moderation before appearing on the site. 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. It was formally created in 1875 when the first Monday in August became the August Civic Holiday in Toronto. An issue may arise as to the wages that are to be included where there has been a sale of a business shortly before a public holiday and an employee of the seller is hired by the purchaser. First Monday in September. For example, an employee may fail to work their regularly scheduled day of work before a public holiday because their neighbour had a medical emergency and needed the employee's assistance. pay to the employee public holiday pay for the day plus premium pay for each hour worked on that 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. 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. the date on which the statement is provided to the employee. Divided by 3 (the number of days worked in the pay period before the public holiday); $600 divided by 3 = $200 public holiday pay for New Years Day. Saint-Jean-Baptiste Day - Friday June 24 2022 Quebec only Canada Day - Friday July. See ESA Part 1, s.1(3) and (3.1) for a discussion of written agreements and voluntary consent. 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 employer's work week) before the public holiday: Employer's work week runs from Monday to Sunday. Mon August 1. Observed: January 2, Monday When New Year's Day falls on a weekend, it is observed the following Monday. Home Bank Holiday Schedule For your convenience, we are pleased to provide you with details of the 2022 Canadian Bank Holiday Schedule. National holiday Content Type(s): Upcoming events. August 1 - Monday: Ontario Civic Holiday. 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). | Privacy Policy | Site by AE Media. Sandcastle Day. 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). Has a weekly pay period, from Sunday to Saturday; In the pay period that includes the public holiday (New Years Day), the employee worked: Regular wages earned by the employee in the pay period that includes the public holiday: $560 ($20/hour times 28 hours worked), Divided by 4 (the number of days the employee worked in the pay period that includes the public holiday), $560 divided by 4 = $140 public holiday pay. There are many ways to contact the Government of Ontario. Today while Civic Day has been adopted as a statutory holiday in other provinces Civic Holiday is a non-statutory holiday in Ontario. Public holiday pay plus premium pay for each hour worked on the public holiday if the employee had earlier agreed to be paid public holiday pay plus premium pay for each hour they were going to work on the public holiday instead of receiving a substitute holiday. The Ministry of Labour, Immigration, Training and Skills Development advances safe, fair and harmonious workplace practices that are essential to the social and economic well-being of the people of Ontario. New Year - Saturday January 1 2022 Contact centres closed Monday January 3 2022 Good Friday - Friday April 15 2022. If an agreement is made, the entitlement in s.30(2) will apply instead of those set out in s.29. The written agreement contemplated in s.29(2)(b) must be signed prior to the public holiday as the employer is required under s. 29(1.1) to give the employee a written statement setting out the date of the substitute day. This provincial holiday occurs in most all of the Canadian provinces and territories annually on the first Monday of August, giving some Canadians a break mid-summer. Simcoe Day (ON) Terry Fox Day. On Saturday from 10 am. Discover upcoming public holiday dates for Ontario and start planning to make the most of your time off. In this circumstance, s.29(2.2) states that s.29(2.1) does not apply. National Mustard Day. In this case, the Program would consider Mondays through Fridays to be days that would ordinarily be working days for that employee. The Civic Holiday is commonly referred to as the August long weekend. For example, if the employment of an employee who regularly works Monday through Friday each week is terminated at the end of their shift on the Friday preceding the public holiday (which falls on the following Monday), they would have no public holiday entitlement for the Monday. Quick Easy Purchase Process. if the employee and the employer agree, a day that is no more than 12 months after the public holiday. if the employer and employee agree, the employer shall pay the employee public holiday pay for the day plus premium pay for each hour worked. Alberta The first Monday in August an annual holiday and celebrated as Heritage Day. But, absent such a provision, it is Program policy that the salary is understood to include public holiday pay amounts when the employee gets the day off. If the employer and employee agree in writing, the substitute holiday can be scheduled for a day that is up to 12 months after the date of the public holiday. 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. 26(2), 27, 28 or 29. In fact, the first Monday in August is a municipal holiday*. What are their entitlements with respect to the public holidays that fell during this assignment? If a holiday falls on a weekend, it could be celebrated on either the Friday before or the Monday after depending on the day of the weekend on which it falls. August 6. New Year's Day: Sunday, January 1st, 2023 Family Day: Monday, February 20th, 2023 Good Friday: Friday, April 7th, 2023 . In the pay period prior to the public holiday, the employee worked: Regular wages earned by the employee in the pay period before the public holiday: $1660 ($20/hour x 83 hours). Pursuant to s.28(4) paragraph 2, the employee has no entitlement of any sort: not to a substitute holiday, to public holiday pay or to premium pay. Unlike most statutory holidays in the province, the. In Ontario, Civic Holiday is a non-statutory holiday. Where the employer is substituting the public holiday in accordance with s.29(1), 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. Since the employee was on suspension, work could not have been scheduled for them on that day. Public holiday pay PLUS premium pay for each hour worked on the holiday. Employees on an unlawful strike will be considered to not have reasonable cause. 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. They have no other entitlements. Pursuant to s.28(4) paragraph 5, the employee is only entitled to premium pay for each hours worked on the public holiday. For example, the four work weeks prior to Canada Day, over which the calculation of public holiday pay is performed is, for the sake of this example, June 1 to June 28. As in example 7A, those overtime wages will be excluded from the calculation of public holiday pay. 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. Section 28(1) allows some flexibility in certain operations that cannot reasonably be expected to shut down on public holidays, and permits employers to require employees in these operations to work on a public holiday. In all other cases, s.29 would apply. Ice Cream Sandwich Day. The substitute day can be taken before the actual public holiday itself. [16] This section provides that where an employee is on a pregnancy leave, parental leave, or lay-off when a public holiday falls, and it falls on a day that is not ordinarily a working day for that employee, the employee is entitled only to public holiday pay for the holiday, rather than to the substitute day with public holiday pay provided for in s.29(1). 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. If the employee performs all of the work that he or she agreed to perform on the public holiday but fails, without reasonable cause, to work all of his or her last regularly scheduled day of work before or all of his or her first regularly scheduled day of work after the public holiday, 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). Please try again. 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). The civic holiday is not a statutory holiday although it's a day off for many employees across the country. CW 31 September 5, 2022 . 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). 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