Most employees receive five per cent of their wages in the 28 days (four weeks) before a public holiday as public holiday pay, no matter what their days of work.
The calculation includes all wages earned in the 28 days (four weeks) and vacation pay that has been paid in the four weeks before the public holiday for holidays taken. The calculation does not include overtime.
A new employee is entitled to public holiday pay even if he or she has been employed for less than four weeks before the public holiday. The amount of public holiday pay would be five per cent of the regular wages earned by the new employee before the public holiday.
An employee earns regular wages of $600.00/week, plus commission. In the four weeks before a public holiday, the employee takes one week of vacation for which the employee receives $600.00. The employee also earns $1,000 in commission. The calculation would be:
|Regular wages $600.00 x three weeks
|Add one week vacation pay
Salaried Employees Who Receive a Day off With Pay
If the employee receives the day off with pay, then this amount would be taken off the $170.00 calculated above. Assuming a five day week, the employee would earn a base wage of $600.00 ÷ 5 days = $120.00. Taking off the $120.00 would leave a balance of $50.00 to be paid ($170.00 - $120.00 = $50.00).
In some cases, employees on a fixed salary that have the day off with pay will have received proper payment for the public holiday. When the public holiday falls on an employee's day off, some employers may give the employee the option of receiving five per cent of their pay or taking an additional day off with pay.
A new employee is entitled to public holiday pay even if employed for less than 28 days before the public holiday. In this case, public holiday pay would be five per cent of the regular wages earned by the new employee before the holiday.
Hourly-Paid Construction Employees
Public holiday pay for hourly-paid construction employees is four per cent of wages (excluding overtime and vacation pay) earned in the calendar year. Public holiday pay must be paid on or before December 31 in the year in which it was earned, or within 14 days of termination.
Public holiday pay can also be paid on each paycheque during the year.
Employees Who Quit, are Laid Off or Terminated Before a Public Holiday
An individual must be employed by the employer on the day of the public holiday to get public holiday pay. For example, someone who was laid off or quit before a holiday would not get public holiday pay for that holiday.
Visit the Public Holiday Pay Calculator to calculate the amount of Public Holday Pay owed to an employee.