Ontario employees may be entitled to take certain public holidays off work and receive public holiday pay. Employees who work on a public holiday may also be entitled to premium pay or a substitute holiday, depending on the circumstances.
Ontario’s Employment Standards Act, 2000 (ESA) establishes the minimum rules for public holidays, including eligibility, public holiday pay, working on a public holiday and substitute holidays. The rules can become complicated when a holiday falls on a regular day off, when an employee works on the holiday or when special industry rules apply.
Understanding how public holiday pay works can help employees determine whether they are receiving the amount they are entitled to under Ontario employment standards.
What Are the Public Holidays in Ontario
Ontario has nine public holidays under the ESA:
New Year’s Day
Family Day
Good Friday
Victoria Day
Canada Day
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
Most employees who qualify are entitled to take these days off work and receive public holiday pay. Some employees and industries are subject to special rules or exemptions.
An employer may also provide additional paid holidays as a benefit. Those additional days are generally governed by the employment contract, workplace policy or collective agreement rather than the ESA public holiday provisions.
What Is Public Holiday Pay
Public holiday pay is the amount an eligible employee is entitled to receive for a public holiday under Ontario’s ESA.
The standard calculation is based on the employee’s regular wages and vacation pay during the four work weeks before the work week in which the public holiday occurs. The applicable amounts are added together and divided by 20.
Because the calculation is based on a particular four-work-week period, public holiday pay is not necessarily equal to one normal day’s wages.
How Is Public Holiday Pay Calculated
For most employees, public holiday pay is calculated by adding the regular wages earned during the four work weeks before the work week containing the public holiday to the vacation pay payable during that period, then dividing the total by 20.
For example, if an employee earned $3,000 in regular wages during the applicable four-week period and had $200 in vacation pay payable during that period, the calculation would be:
$3,000 + $200 = $3,200
$3,200 ÷ 20 = $160
The employee’s public holiday pay would therefore be $160.
The calculation can be different depending on how vacation pay is provided and the employee’s particular circumstances.
What Counts as Regular Wages for Public Holiday Pay
The ESA calculation uses regular wages earned during the applicable four work weeks.
Regular wages generally do not include amounts such as overtime pay, vacation pay, public holiday pay, premium pay, termination pay or severance pay.
This means an employee should not simply add every payment received during the four-week period when calculating public holiday pay.
Does Vacation Pay Affect Public Holiday Pay
Vacation pay can affect the public holiday pay calculation.
The amount of vacation pay included depends partly on how the employee receives vacation pay and whether vacation was taken during the relevant four-work-week period. Employees who receive vacation pay on every paycheque are subject to specific calculation rules.
Employees should therefore consider their vacation pay arrangement when checking whether public holiday pay has been calculated correctly.
Who Qualifies for Public Holiday Pay
Most employees qualify for public holiday entitlements regardless of whether they work full time, part time, permanently or under a term contract.
The ESA’s public holiday rules generally do not require an employee to have worked for a particular minimum length of time before becoming eligible. However, an employee can lose the entitlement in certain circumstances, including failing without reasonable cause to work the last regularly scheduled day before the holiday or the first regularly scheduled day after it.
Special rules can apply to certain industries and occupations.
What Is the Last and First Rule
Ontario’s public holiday rules include what is commonly called the “last and first rule.”
Generally, an employee must work their entire last regularly scheduled day before the public holiday and their entire first regularly scheduled day after the public holiday unless there is reasonable cause for failing to do so.
The days involved do not necessarily have to be the calendar days immediately before and after the holiday. They are based on the employee’s regular work schedule.
Employees who miss one of these shifts should consider whether they had reasonable cause rather than assuming they automatically lost their public holiday entitlement.
What Happens If You Miss Work Before or After a Public Holiday
Failing to work a scheduled shift immediately before or after a public holiday does not automatically mean that an employee loses public holiday pay.
The ESA refers to an employee failing to work without reasonable cause. The circumstances surrounding the absence can therefore matter.
Employees who were absent because of illness, an emergency or another legitimate reason should keep documentation that may help explain the absence if eligibility becomes an issue.
Do You Get Paid if a Public Holiday Falls on Your Day Off
A public holiday can fall on a day when an employee would not normally work.
When this happens, an eligible employee is generally entitled to either a substitute holiday with public holiday pay or public holiday pay where the statutory requirements for that arrangement are satisfied.
The fact that an employee was not scheduled to work on the actual public holiday does not automatically eliminate their public holiday entitlement.
What Happens When a Public Holiday Falls During Vacation
If a public holiday occurs while an employee is on vacation, the employee can generally be entitled to either a substitute holiday with public holiday pay or public holiday pay under the applicable ESA rules.
Employees should therefore not assume that a public holiday simply disappears because it occurs during scheduled vacation.
The interaction between vacation pay and public holiday pay can affect the calculation, so employees should review their pay records if they believe an amount is missing.
Do You Have to Work on a Public Holiday
Most eligible employees generally have the right to take a public holiday off work and receive public holiday pay.
However, some employees may be required to work on a public holiday because of the nature of their industry or because they have agreed to work under the applicable ESA rules.
Employees should review their employment agreement and the rules that apply to their occupation before assuming that they must or must not work on a particular public holiday.
What Happens If You Work on a Public Holiday
When an employee works on a public holiday, there are generally two possible arrangements.
The employee may receive regular wages for the hours worked and a substitute holiday with public holiday pay. Alternatively, where the statutory requirements are satisfied, the employee may receive public holiday pay plus premium pay for the hours worked on the holiday.
The appropriate arrangement can depend on whether the employee agreed to work and whether special industry rules apply.
What Is Premium Pay
Premium pay for working on a public holiday is generally one and one-half times the employee’s regular rate of pay.
For example, an employee whose regular rate is $20 per hour would generally receive a premium rate of $30 per hour for hours worked when premium pay is required.
Premium pay is separate from public holiday pay.
Do You Get Both Public Holiday Pay and Premium Pay
In some circumstances, yes.
An employee who works on a public holiday under the arrangement providing public holiday pay plus premium pay can receive both amounts.
For example, an employee might receive $160 in public holiday pay and $240 in premium pay for eight hours worked at a $20 regular hourly rate.
The total entitlement depends on the employee’s circumstances and the payment option that applies.
What Is a Substitute Holiday
A substitute holiday is another working day that is designated to replace the public holiday.
An employee who receives a substitute holiday is entitled to take that day off and receive public holiday pay as if it were the public holiday.
Generally, the substitute day must be scheduled no more than three months after the original public holiday. If the employee and employer agree electronically or in writing, the substitute day can be scheduled up to 12 months after the original holiday.
Can an Employer Choose the Substitute Holiday
The employer and employee can establish a substitute holiday in accordance with the ESA requirements.
When a substitute holiday is used, the employer must provide the employee with a written statement before the public holiday identifying the holiday being replaced, the substitute date and the date the statement was provided.
Employees should keep this information with their employment records.
Can You Agree to Work on a Public Holiday
In many circumstances, an employee and employer can agree electronically or in writing that the employee will work on a public holiday.
When an employee agrees to work, the ESA provides different compensation options. The employee may receive regular wages for the hours worked plus a substitute holiday with public holiday pay, or the employee may agree to receive public holiday pay plus premium pay for the hours worked.
The exact arrangement should be clear before the employee works the holiday.
What If You Agree to Work but Do Not Show Up
Special rules apply when an employee agrees to work on a public holiday but does not work the agreed hours.
Generally, an employee who fails without reasonable cause to work the agreed shift may lose the public holiday entitlement associated with the arrangement.
Whether an employee had reasonable cause can depend on the circumstances.
What If You Work Only Part of Your Holiday Shift
If an employee agrees to work on a public holiday but works only part of the agreed shift without reasonable cause, the employee’s entitlement can be affected.
The ESA contains specific rules concerning employees who work only some of the hours they agreed to work. Employees who have a legitimate reason for not completing the shift can be treated differently.
Employees should therefore consider the circumstances before assuming that missing part of a public holiday shift automatically eliminates all holiday pay.
Are Public Holidays Paid for Part-Time Employees
Part-time employees can qualify for public holiday entitlements.
The ESA does not generally limit public holiday eligibility to full-time employees. Part-time, permanent and term-contract employees can all qualify if they meet the applicable requirements.
The amount of public holiday pay can vary because it is based on the employee’s regular wages and vacation pay during the applicable calculation period.
Are New Employees Entitled to Public Holiday Pay
There is generally no minimum length of employment required for an employee to qualify for public holiday entitlement under the standard ESA rules.
An employee’s eligibility instead depends on whether the employee is covered by the public holiday provisions and whether the applicable qualifying conditions are satisfied.
Employees should therefore not assume that they are excluded simply because they recently started a new job.
Can an Employer Refuse to Pay Public Holiday Pay
An employer must comply with the ESA public holiday provisions when they apply to the employee.
If an employee believes they were eligible but did not receive the required public holiday pay, the employee should review their pay statement and the calculation period used by the employer.
The employee can also ask the employer to explain how the payment was calculated. If the issue cannot be resolved, the employee may consider obtaining legal advice or learning about the Ontario employment standards complaint process.
Does Working on a Public Holiday Count as Overtime
Hours worked on a public holiday are subject to specific rules and are not automatically treated as overtime simply because the employee worked on the holiday.
Ontario’s ESA states that hours worked on a public holiday are not included when calculating overtime pay for the work week in which the public holiday occurs.
An employee can therefore receive premium pay for working on a public holiday without those hours automatically being added to the employee’s overtime calculation.
Can an Employer Require You to Work on a Public Holiday
Some employees can be required to work on a public holiday, while others may have the right to refuse or may need to agree before working.
Special rules apply to certain industries, including hotels, motels, tourist resorts, restaurants, taverns, hospitals, nursing homes and continuous operations. Employees in these industries can be subject to different requirements concerning public holiday work.
Employment contracts and other legal rights can also affect the situation.
What Industries Have Special Public Holiday Rules
Ontario provides special public holiday rules for certain industries.
These include hotels, motels and tourist resorts, restaurants and taverns, hospitals and nursing homes, and continuous operations. Certain retail workers may also be subject to special provisions.
Employees working in these industries should not automatically apply the standard public holiday rules without checking whether an industry-specific rule applies.
Can You Refuse to Work on a Public Holiday for Religious Reasons
Public holiday rules interact with other employment protections.
Ontario’s Human Rights Code provides protections concerning religious accommodation, and the Ontario government’s public holiday guidance notes that an employer’s ability to require work on a public holiday is subject to an employee’s right to take a day off for religious observance.
An employee who needs time away from work for religious observance should raise the issue with the employer and consider the applicable accommodation requirements.
What Happens to Public Holiday Pay When Employment Ends
An employee’s employment can end before a substitute holiday that was scheduled for a public holiday.
Ontario’s ESA contains specific rules requiring payment for the substitute day in certain circumstances when employment ends before the substitute holiday occurs.
Employees who are terminated or resign shortly after working a public holiday should therefore review their final pay carefully.
What Should You Do If Your Public Holiday Pay Is Wrong
Employees who believe their public holiday pay has been calculated incorrectly should keep their pay statements and records of the hours they worked.
It can also be useful to identify the employer’s work week, the four work weeks used in the calculation, the regular wages earned during that period and any vacation pay that should have been included.
If the employer’s calculation remains unclear or appears incorrect, an employee may consider requesting an explanation, obtaining legal advice or learning about the Ontario employment standards complaint process.
Frequently Asked Questions About Public Holiday Pay
How many public holidays are there in Ontario?
Ontario has nine public holidays under the ESA: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day.
How much is public holiday pay in Ontario?
For most employees, public holiday pay is calculated by adding regular wages earned and vacation pay payable during the applicable four-work-week period and dividing the total by 20.
Do part-time employees get public holiday pay?
Yes, part-time employees can qualify for public holiday entitlements.
Eligibility does not generally depend on being a full-time employee. The employee must still satisfy the applicable ESA requirements.
Do I get paid if a public holiday falls on my day off?
An eligible employee can generally receive a substitute holiday with public holiday pay or public holiday pay under the applicable ESA rules.
Do I get paid extra for working on a public holiday?
Potentially. An employee who works on a public holiday may receive premium pay, public holiday pay and/or a substitute holiday depending on the circumstances and applicable payment arrangement.
What is premium pay in Ontario?
Premium pay is generally one and one-half times an employee’s regular rate of pay when the ESA requires premium pay for work performed on a public holiday.
Can my employer make me work on a public holiday?
Some employees can be required to work on a public holiday, particularly in industries covered by special rules.
Other employees may need to agree to work under the applicable ESA provisions.
What is the last and first rule?
Generally, an employee must work their last regularly scheduled day before the public holiday and their first regularly scheduled day after it to qualify, unless they have reasonable cause for not doing so.
What happens if I call in sick before a public holiday?
The circumstances matter. An employee who fails to work a scheduled shift because of illness or another legitimate reason may have reasonable cause.
Employees should keep appropriate documentation and review the circumstances if the employer denies public holiday pay.
Can I get a substitute day instead of public holiday pay?
Yes, a substitute holiday can be used in circumstances permitted by the ESA.
The substitute day generally must be within three months of the public holiday unless the employee and employer agree electronically or in writing to a later date of up to 12 months.
Does public holiday pay include overtime?
The public holiday pay calculation uses regular wages and vacation pay payable during the applicable period. Overtime pay is not included as regular wages for this calculation.
Should I speak with an employment lawyer about unpaid public holiday pay?
Legal advice may be useful when an employer repeatedly miscalculates public holiday pay, disputes an employee’s eligibility, refuses to pay a substitute holiday or applies a special industry rule incorrectly.
An employment lawyer can review the employee’s circumstances, employment agreement and pay records and explain what options may be available.
Get Advice About Public Holiday Pay
Public holiday pay in Ontario can be more complicated than simply receiving a normal day’s wages. Eligibility requirements, the four-week calculation period, vacation pay, work performed on the holiday, substitute holidays and special industry rules can all affect an employee’s entitlement.
EmploymentLawyerToronto.ca provides employment law information and legal services for employees dealing with workplace issues in Ontario. If you believe you have not received the public holiday pay or other compensation you are entitled to, consider speaking with an employment lawyer about your circumstances.
This page provides general information about Ontario employment law and is not legal advice. Employment law can depend on the specific facts of each situation.