is august 1st a holiday in ontario

Employers work week runs from Monday to Sunday. "Substitute holiday" is a day off that would ordinarily be a working day for the employee, for which the employee is entitled to receive public holiday pay - see. Provincial holiday: Alberta, British Columbia, Nova Scotia and Ontario Content Type(s): Upcoming events. Pursuant to s.28(4) paragraph 2, the employer chooses which to give the employee: a substitute holiday or public holiday pay. If you don't see it, please check your junk folder. Divided by 7 (the number of days the employee worked in the pay period preceding the public holiday), $1400 divided by 7 = $200 public holiday pay. Pursuant to s.56(1)(c), the employee is considered to be terminated. 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). What retail holidays are coming up in Ontario? The holiday was formally created in . In Ontario, Civic Holiday is a non-statutory holiday. Note: pay for hours worked in excess of 44 per week in week 2 is included because the hours were not compensated as overtime hours due to the averaging agreement. (Various private member's bills have been introduced in the Ontario Legislature attempting to make it official, but none has passed to date.) 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. In either case, the employee is entitled to public holiday pay for the holiday - see ESA Part X, s.29(2.1). See ESA Part 1, s.1(3) and (3.1) for a discussion of written agreements and voluntary consent. 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. Works Monday Tuesday, Wednesday, Friday, Saturday and Sunday. 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. Note: The $200 of public holiday pay the employee earned on each of Christmas Day and December 26 is excluded from the calculation, because public holiday pay is excluded from the definition of regular wages. In this case, wages for all of the hours worked will be included in the calculation of public holiday pay. Public holiday taken as a day off on Monday. 365 Bloor Street East, Toronto, Ontario, M4W 3L4. Assume that the employees rate of pay is $15.00 per hour. In the past few years, a number of private . There was an error, please provide a valid email address. This assumes that there was a written agreement in place for the employee to work on the holiday, as required by s.27(1). In some provinces, it is a provincial holiday, as in Manitoba, where its called Terry Fox Day. Good Friday: 15 April. Visit our Community Guidelines for more information and details on how to adjust your email settings. Saturday, January 1. 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. 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. var todayMonth = dateObj.getMonth() + 1; If there was no statement provided to the employee, it is Program policy that the officer will assess under clause (b). At Museum London, you can check out an exhibit of Edward Burtynsky photos called No Small Terror. It is the Programs policy that if an employee takes days of personal emergency leave or vacation (or both) in that prior pay period that are consecutive with the personal emergency leave or vacation days taken in the pay period immediately preceding the public holiday, all of those days are together considered a single period of leave or vacation. 24 through 32, ESA Part XVIII.1, ss. New Year's Day. In accordance with s.24(1.1), the public holiday pay for May 21 is calculated using the pay period preceding the start of the vacation, that is April 22 to May 5. There were several significant changes to the public holiday pay provisions in 2018. 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 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. Provincial and Stat Holidays in Canada. For example, if an employee only regularly works one day a week and takes two vacation days (i.e., the one day in each week that they would have regularly worked), the two vacation days are considered consecutive. 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. However, if that same employee is only ever scheduled to work Tuesdays and Thursdays, the Program would consider only Tuesdays and Thursdays to be days that would ordinarily be working days for that employee, even though they said they were available all weekdays. Statutory holidays in Ontario . See. 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). Pursuant to s.27(4) paragraph 5, the employee is entitled only to premium pay. 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. Emancipation Day August 1. In that situation, the four steps outlined above would apply. Has 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 four work weeks prior to the work week in which the public holiday falls; Receives vacation pay on each pay cheque as it accrues; Was not on vacation or otherwise absent from work during the four work weeks prior to the work week in which the public holiday fell. 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. 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. Ontario - Simcoe 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. 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. See ESA Part X, s.29 for the entitlement if a public holiday falls on a day that is not ordinarily an employees working day, or is during an employees vacation. They have no other entitlements - not to public holiday pay or to a substitute holiday. Its identity is its a day off, Lloydlangston said. Public Holidays 2026. . 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. Earns $20 an hour and works 5 days per week; Has agreed in writing to average his/her hours over two weeks for the purpose of determining the employees overtime pay entitlement pursuant to. 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. For example, s. 32 will apply even if an employee is terminated because they were guilty of wilful misconduct that has not been condoned by the employer and is therefore not entitled to termination pay or notice. $1160 ($20.00/hour times 58 hours worked). Christmas Day Dec 25, is in 75 days. However, if the reason the employee slept in is because there was a power failure and the employees alarm clock did not go off as a result, that may amount to reasonable cause. 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. For example, one day is counted as having been worked where an employee works from 11:00p.m. on one day to 7:00a.m. on the next day. 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. Is September 30 a Holiday in Ontario? 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. St Stephen was . 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. . This section establishes a deadline for scheduling a substitute holiday an employee earns pursuant to s.28(2)(a). Note that s.29(2.1) and s.29(2.2) must be read together with s.74.10. The amount of vacation pay payable to the employee with respect to the four work weeks before the work week in which the public holiday occurs. The assignment employee was an employee of the agency on Labour Day. The substitute day can be taken before the actual public holiday itself. To calculate public holiday pay for Christmas: The four work weeks over which the calculation is performed is from Monday November 24 to Sunday December 21. First Monday in September. 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 AND 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: Pursuant to s.30(4) paragraph 4, the employee is only entitled to premium pay for each hour worked on the public holiday. The tradition of a mid-summer holiday dates back to 1869 but it wasnt until 1875 when the first Monday in August became the August Civic Holiday in Toronto. 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. if some other manner of calculation is prescribed, the amount determined using that manner of calculation. 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. 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. So long as the employee worked the entire scheduled days on the Thursday before the holiday and the Tuesday after the holiday, they will be considered to have worked the last regularly scheduled day before and the first regularly scheduled day after the public holiday - see 472323 Ontario Limited c.o.b.a. Where there is no written agreement, the default standard of s.26 will apply to the employee. On March 24 2021 the House of Com. See Part X, ss. Re: 1st August Public Holiday Jun 27, 2022, 9:37 AM Depends where you are going in Ontario (it's a very large place). In the four work weeks prior to the work week in which the public holiday occurred, the employee worked: Was not on vacation or otherwise absent from work during the four work weeks prior to the week in which the public holiday fell. A day off with public holiday pay on a public holiday (or on a day that has been substituted for the public holiday); If the employee agrees to or is required to work on the holiday, either public holiday pay plus a premium rate of pay, or another day off with public holiday pay. New Brunswick Day (BC) Saskatchewan Day. 26, 27 or 28 would apply to determine the employees public holiday entitlements. 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). 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. . August 7, 2023 Civic Holiday. 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. Also note that s.50(13) of the previous personal emergency leave provisions prohibited an employer from requiring that the employee provide a certificate from a qualified health practitioner: therefore, an employee could not be required to produce such a certificate to support an entitlement to public holiday pay when the employee took personal emergency leave during all or part of the time the employee was scheduled to work on a public holiday. The first exception is found in ESA Part X, s.27. Note also that because the amount of public holiday pay owing is based on the wages earned by an employee in the four work weeks prior to the public holiday, the amount of public holiday pay to which an employee who was on pregnancy or parental leave or lay-off for any time during those four weeks will be less than what the employees entitlement would have been had the employee not been on leave or lay-off for any part of those four weeks. Sign up to receive a curated collection of links and highlights from our award-winning breaking news coverage, in-depth analysis and unmatched investigative features at lunchtime weekdays. The Fair Workplaces, Better Jobs Act, 2017, SO 2017, c 22, added s.27(2.1) to the ESA 2000, effective January 1, 2018. Several other Ontario municipalities have chosen to honour a significant local person or organization to help focus the celebration. Note that if the employee had taken more than one assignment from the agency in the four work weeks before the holiday, the calculation of public holiday pay would have been based on the total regular wages earned and vacation pay payable in respect of both of those assignments. So long as the employee worked through the entire eight-hour shift, they will have performed all of the work they agreed to perform on the holiday. The employees wages earned in the pay period would not include the premium pay for any hours worked or any public holiday pay paid in respect of Family Day as such wages do not fall within the definition of regular wages. As a result, s. 29(1) will apply and the employee will be entitled to a substitute day with public holiday pay. August first holiday ontario. 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. As noted in the discussion of s.24(1)(a), all days worked (including Family Day in this example) in the pay period would be included in the count for the number of days worked when calculating the public holiday pay for Family Day. The following pools will be open on Monday Aug. Memory Express Inc Computer Parts Laptop Computers. 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. In accordance with s.24(1.1), the public holiday pay for May 21 is calculated using the pay period preceding the start of the leave, that is April 29 to May 5. Do you get the day off? In that case only, ESA Part X, ss. Discover upcoming public holiday dates for Ontario and start planning to make the most of your time off. In general, stores and attractions will be open, especially those in tourist regions. In other provinces, such as Quebec, it isnt observed at all. Federal government offices will be closed, but. If there is no such written agreement, the default entitlement of s.27(2)(a) will apply. Specifically, the question is whether the calculation includes wages that were earned by the employee from the seller. 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. These provisions state what happens when, during a work week in which a public holiday falls, an employee performs some work for an employer that is covered by Part X, and some work that is exempted from coverage of Part X by O Reg 285/01, s.2 or s.9. Good Friday. National holiday . There are references to civic holidays dating back to the mid 1850s when various cities in Upper Canada (now Ontario) began to have a public holiday in August (eg, London, 1856; Hamilton, 1862) or at the close of summer (eg, Toronto, 1861 and the town of Guelph, 1862). There is no requirement for the parties to sign the written statement, nor is there a requirement for the employee to agree to the date of the substitute holiday, so long as it is a day that would ordinarily be a working day for the employee and that it is scheduled for a day before the deadlines set out in s.28(3). if(typeof day_strings[todayDate] != "undefined") { August 1st Holidays. 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. What are her entitlements with respect to the public holiday? Celebrated on the first Monday of September, Labour Day historically has been a time when workers campaign for better working conditions. 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. Section 24(1) establishes how public holiday pay is to be calculated for the purposes of Part X of the ESA 2000. On June 25, Employer A's business was sold to Employer B. Therefore, public holiday pay to be calculated using the pay period immediately preceding the public holiday. Hes the Canadian photographer who takes achingly beautiful shots of landscapes scarred by industrial activity. If the employee, without reasonable cause, performs none of the work that he or she was required to perform on the public holiday, the employee has no entitlement under subsection (2). This section sets out to what an employee who agreed to work on a public holiday pursuant to s.27(1) is entitled. Alberta The first Monday in August an annual holiday and celebrated as Heritage Day. Usually, reasonable cause will be something beyond the control of the employee, although this is not always the case. Section 26(2) which provides that employees lose their, The employee receives the public holiday off; and, the employer shall 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. Please try again. As of the time of writing, there is no regulation made under paragraph 10 of ESA Part XXVII, s. 141(1) that provides a different definition of regular rate. The entitlement for such an employee is either: The employer chooses which of the options above to provide the employee. See the text that is in red at the end of this section for details of the changes, information on which provisions applied at which points in time, and for the interpretation of the former provisions. Ontario Public Holidays. However, if the employee did take public transit and arrived late for their shift, this may be considered reasonable cause. Regular wages earned by the employee in the pay period preceding the public holiday= $1400 ($200 per day x 7 days worked). ESA Part X, s.29(2.1) applies to determine their entitlements. Pursuant to s.28(4) paragraph 5, the employee is only entitled to premium pay for each hours worked on the public holiday. It is Program policy that s.28 will not apply in that case (assuming that the call centre is not actually located in the hotel, and assuming that the call centre is not a continuous operation), since such employees are employed in a call centre, not in a hotel. 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. The alternate entitlement of s.27(2)(b) applies only if there is such a written agreement. 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. Unlike most statutory holidays in the province, the. If the employee is on personal emergency leave or on vacation for only part of the pay period immediately preceding the public holiday, that is the pay period that will be used in the calculation of public holiday pay. 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. The following examples are intended to provide guidance in determining the public holiday entitlements of assignment employees pursuant to ESA Part X, ss. Palangio Vending & Food Services. pay to the employee public holiday pay for the day plus premium pay for each hour worked on that day. However, if the employer allows the employee to leave early (or begin late), the employee would not be disqualified, since what constituted the full regularly scheduled day of work was adjusted by mutual consent. Public holiday pay is calculated as the total amount of regular wages earned plus the vacation pay payable in the four work weeks preceding the work week in which the public holiday falls, divided by 20. 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). An employee does not have to "requalify" for the substitute holiday once they have already earned it. Where it doesnt have a specific name, as in London, it has the blandest of monikers. 27(3) A day that is substituted for a public holiday under clause (2)(a) shall be. Saturday, July 1st, 2023 Civic Holiday: Monday, August 7th, 2023 Labour Day: Monday, September 4th, 2023 National Day . Regular wages is defined in ESA Part I, s.1 to exclude overtime pay. 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. The following pools will be open on Monday Aug. All GTA locations will be open from 8 am. IPA Day. Emancipation Day August . The first Monday in August, which is often called "Civic Holiday" or "Simcoe Day" is a municipal holiday* generally observed in Ontario. if(todayMonth < 10) todayMonth = "0" + todayMonth; 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. Employees who do not work their entire regularly scheduled shifts before or after the public holiday will not lose their right to a paid day off if they had reasonable cause for failing to perform the work. 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. This could result in the employee receiving $0 as public holiday pay. They have no other entitlements - not to public holiday pay or to a substitute holiday. 28(1) If an employee is employed in a hospital, a continuous operation, or a hotel, motel, tourist resort, restaurant or tavern, the employer may require the employee to work on a public holiday that is ordinarily a working day for the employee and that is not a day on which the employee is on vacation, and if the employer does so, sections 26 and 27 do not apply to the employee. If the employee performs some of the work that he or she was required to perform on the public holiday but fails, with reasonable cause, to perform all of it, the employer shall give the employee wages at his or her regular rate for the hours worked on the public holiday and a substitute day off work in accordance with clause (2) (a) or public holiday pay for the public holiday plus premium pay for each hour worked on the public holiday under clause (2)(b), as the employer chooses. 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. (2) This Part applies to the employee with respect to that public holiday unless the time spent by the employee performing the work referred to in clause (1) (b) constitutes more than half the time that the employee spent fulfilling the duties of his or her position in that work week. September 4, 2023 Labour Day. 30(3) A day that is substituted for a public holiday under clause (2) (a) shall be. So long as they worked their entire scheduled shift on the Friday before the public holiday and the Tuesday after the public holiday, they will be considered to have worked the last regularly scheduled day before and the first regularly scheduled day after the public holiday. Public holiday pay PLUS premium pay for each hour worked on the holiday. Many employees take time to head to the cottage or commence their summer vacation with an extra paid day off. Common Local Holiday Mon, August 7 Ontario Civic Holiday: Canada (Ontario) Local Observance Mon, August 7 . Note that even though this employee is full-time, in the sense that they work full-time hours, the amount of public holiday pay owing will be a pro-rated amount of their regular daily wage because they work less than five days a week. 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. 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. 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. 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), without reasonable cause: Employee entitled only to premium pay for each hour worked on the public holiday. 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! (First Day) Grenada: Public Holiday Mon, August 14 Victory Day: 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). Saint-Jean-Baptiste Day - Friday June 24 2022 Quebec only Canada Day - Friday July. - see, A written statement setting out specifics about the substitute holiday, as outlined in section 30(2.1). A person who resigns or whose employment is terminated immediately after the public holiday (i.e., before the commencement of what would have been their first regularly scheduled day of work after the holiday) is not considered to have failed to work the first regularly scheduled day of work after the public holiday. The current assignment began one week prior to the week Thanksgiving Day (Monday) occurs and ended the Thursday following the holiday. Because it's not a statutory holiday in Ontario, businesses are allowed to open. An employee does not have to "requalify" for the substitute holiday once they have already earned it. However, if that same employee is only ever scheduled to work Tuesdays and Thursdays, the Program would consider only Tuesdays and Thursdays to be days that would ordinarily be working days for that employee, even though they said they were available all weekdays. 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. 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. 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. At the time of writing, no other manner of calculation is prescribed pursuant to paragraph (b). You can find a full schedule for the virtual event at londonheritage.ca. See ESA Part I, s.1 for a discussion of issues around agreements, e.g., retroactivity, specificity, and requirements regarding informed and voluntary consent. The section states that the employer must schedule the substitute holiday (which, pursuant to s.29(1), 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. 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. 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). 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. A holiday falls on a Monday. See ESA Part I, ss. October 2, 2023 National Day for Truth and Reconciliation. For further discussion see ESA Part XVIII.1, s.74.10. 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. Civic Holiday on the first Monday of. It is not a violation of the ESA 2000 for an employee who was required to work on Canada Day to be given June 30, for example, as the substitute holiday. 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. Canadians are not always aware that Black and Indigenous Peoples were once enslaved on the land that is now Canada. 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). See ESA Part 1, s.1(3) and (3.1) for a discussion on agreements in writing. Most people simply enjoy it as an extra day off from work, which is a good enough reason to celebrate, but did you know that the true meaning behind this annual observance is to honor John Graves Simcoe? August 1 - Monday: Ontario Civic Holiday. 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. 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. 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. Any agreement that the employee will work on the public holiday must be in writing. 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. Regatta Day. If the employee performs some of the work that he or she agreed to perform on the public holiday but fails, with reasonable cause, to perform all of the work that he or she agreed to perform on the public holiday, the employer shall give the employee wages at his or her regular rate for the hours worked on the public holiday and 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 plus premium pay for each hour worked on the public holiday. 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. 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 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). National Day for Truth and Reconciliation - Friday September 30 2022. However, as they had not earned any wages in the four work weeks before Labour Day, their public holiday pay is $0. The situations and consequences addressed in each of the five paragraphs in s.30(4) are: Employee performs none of the work on the public holiday, (i.e., did not show up at all on the holiday), without reasonable cause: employee has no entitlement. . 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. 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. In accordance with s.24(1.1), the public holiday pay for May 21 is calculated using the pay period preceding the start of the s.50 personal emergency leave, that is April 29 to May 5. The substitute day can be taken before the actual public holiday itself. The Civic Holiday is celebrated on the first Monday of August and it's a public holiday in some provinces and territories. 2022 London Free Press, a division of Postmedia Network Inc. All rights reserved. Simcoe Day (ON) Terry Fox Day. It is not always readily apparent which days are ordinarily working days for a given employee. The entitlement in s.26(1) is subject to: 26(2) The employee has no entitlement under subsection (1) 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. 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). Join us here in Niagara Falls to celebrate the August long weekend. If however, the employment was terminated when the employee arrived at work on the Tuesday morning following the holiday, the entitlement would be maintained because there was an employment relationship on the day of the public holiday. See ESA Part X, s. 24 for the calculation of public holiday pay and premium pay. 2022 Holiday. The requirements of s.26 are: For example, where an employee worked on a public holiday without providing their written agreement and was paid their regular rate, the officer could find that there has been a non-monetary violation of the requirement that the employee receive the public holiday off, and a monetary violation of the requirement that the employee be paid public holiday pay. September 5, Monday Labour Day. In 1780, the first U.S. census was complete, tallying just under four million people. It provides that the amount of premium pay shall be at least one and one half times an employees regular rate. Note that s. 24(1.1) applies only if the leave the employee takes is a leave of absence under the personal emergency leave provisions in ESA Part XIV, s.50 for the entire pay period immediately preceding the public holiday. 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>"}; This policy applies even if the employee was not exercising a right to sick leave, family responsibility leave or bereavement leave because they already "used up" the leave days provided for under the ESA 2000. An assignment employee was hired by a temporary help agency on October 1, 2017. *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. Ice Cream Sandwich Day. Pursuant to s.27(4) paragraph 3, the employee is entitled only to premium pay for each hour worked on the public holiday. Fiesta de San Salvador. to perform all of it," does not refer to the quantity or quality of the employees work. See ESA Part X, s.24 for a discussion of public holiday pay. Unlike such statutory holidays as Victoria Day, Canada Day and Labour Day, the civic holiday doesnt have much of an identity. 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. In fact, the first Monday in August is a municipal holiday*. 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. 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. There were several significant changes to the public holiday pay provisions in 2018. 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. The following examples illustrate the application of s.31: Employee works on a public holiday (Monday) and is paid public holiday pay plus premium pay for every hour worked on the holiday. Also known as Simcoe Day in Ontario, and commonly just called the August Long Weekend. the public holiday that is being substituted, the date of the day that is substituted for a public holiday under subsection (1); and. However, an employee could be required to provide evidence reasonable in the circumstances per the previous version of s.50 (12) and to support reasonable cause per ESA Part X, ss. However, because it is not designated as an official public (statutory) holiday in provincial employment standards or retail business holiday legislation, the Civic Holiday is a workday like any other for thousands of Ontario employees. 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. It is also Program policy that in determining whether days are consecutive, you only look to the days the employee is regularly scheduled to work. In Canada, the tradition of a holiday in the middle of summer goes back to the mid-19th century. Employees on an unlawful strike will be considered to not have reasonable cause. Canada Day: 1 July. Remembrance Day is not a statutory holiday in Ontario, which is controversial and some employers still give employees the day off. Reasons such as "slept in" or "too tired" will generally not amount to reasonable cause. For the 53 hours worked in that work week, the employee is entitled to: Employee works on a public holiday (Monday) and is paid his or her regular rate for hours worked on the public holiday plus receives a substitute day off with public holiday pay, scheduled to be taken in two months. The provincial holidays are: Family Day: February 21, 2022. 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]. This page contains a calendar of all 2022 public holidays for Ontario. 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. 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. Family Day: 21 February. August 1st holiday ontario 2022. 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). Comments may take up to an hour for moderation before appearing on the site. This section provides an exception to the entitlement in ESA Part X, s.29. The substitute day can be taken before the actual public holiday itself. Holiday hours for 265 selected businesses, organizations, and services in Peterborough, Lindsay, Cobourg, Port Hope, and across the greater Kawarthas region. 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. Determine the employees hourly rate $600.00 divided by 31.5 (hours worked in a week) = $19.05 an hour; Using the hourly rate and the number of hours that would have been worked on the public holiday off, determine how much of the $600 salary paid is attributable to the public holiday off; Because the employee did not work on the Monday (the public holiday) but received the full $600 salary for that week, the employee in effect received $19.05 x 4 hours = $76.20 for the public holiday. In this case, an officer would apply the requirements of s.26 when determining what violations have occurred. 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. 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 civic holiday is not a statutory holiday although it's a day off for many employees across the country. When determining Employer B's public holiday pay obligations towards Employee ZZ for Canada Day, does one include the wages that were earned by Employee ZZ under Employer A from June 1 to June 24? Assume $132. Regular wages is defined in ESA Part I, s.1 to exclude overtime pay. 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. For example, an employee works Monday to Friday in a business that is open seven days a week. 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. 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. 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