Ontario Employment Standards Act Public Holiday Pay Calculation

Understanding public holiday pay under Ontario's Employment Standards Act is crucial for employers and employees. This guide explains how to calculate public holiday pay, the legal requirements, and common scenarios.

How to Calculate Public Holiday Pay

Public holiday pay in Ontario is calculated based on the employee's regular wages and the number of hours worked on the public holiday. The Employment Standards Act requires employers to pay employees their regular wages for the hours worked on a public holiday.

Key Requirements

Public holidays are days recognized by law as holidays for employees
Employees must be paid their regular wages for hours worked on a public holiday
Overtime pay is not required for hours worked on a public holiday
Employers must provide the same hours of work on a public holiday as on a regular day

Calculation Steps

Determine the employee's regular hourly wage
Calculate the total hours worked on the public holiday
Multiply the regular hourly wage by the hours worked to get the public holiday pay

Note: Public holiday pay is calculated based on the employee's regular wages, not including overtime pay or premium pay.

Formula Used

The formula for calculating public holiday pay is straightforward:

Public Holiday Pay = Regular Hourly Wage × Hours Worked on Public Holiday

Where:

Regular Hourly Wage is the employee's standard hourly rate of pay
Hours Worked on Public Holiday is the total number of hours the employee worked on the public holiday

This calculation applies to all employees, regardless of their employment status (full-time, part-time, or casual).

Worked Examples

Example 1: Full-time Employee

Jane works full-time at a retail store with a regular hourly wage of $20. She works 8 hours on a public holiday.

Public Holiday Pay = $20/hour × 8 hours = $160

Example 2: Part-time Employee

Mark is a part-time employee with a regular hourly wage of $15. He works 5 hours on a public holiday.

Public Holiday Pay = $15/hour × 5 hours = $75

Example 3: Casual Employee

Sarah is a casual employee with a regular hourly wage of $18. She works 6 hours on a public holiday.

Public Holiday Pay = $18/hour × 6 hours = $108

Frequently Asked Questions

What is the difference between public holiday pay and regular pay?: Public holiday pay is calculated based on the employee's regular wages for the hours worked on a public holiday. It does not include overtime pay or premium pay.
Do employers have to pay employees for hours not worked on a public holiday?: No, employers are only required to pay employees for the hours they actually work on a public holiday. They are not required to pay for hours not worked.
Are there any exceptions to the public holiday pay requirements?: Yes, employees who are on vacation or have taken a day off in lieu of a public holiday are not entitled to public holiday pay for that day.
What happens if an employer fails to pay public holiday pay?: If an employer fails to pay public holiday pay, the employee may be entitled to claim the unpaid wages through the Ontario Labour Relations Board or small claims court.