Simon's Megalomaniacal Legal Resources

Return to First Part of Chapter ...

3. Public Holiday Entitlements

(a) Overview

. Holidays Defined

The ESA establishes a complex set of rules governing wage rates and time off rights for "public holidays". For these purposes, "public holidays" include [ESA s.1(1) defns]:

• New Year's Day.
  
• Family Day [3rd Monday in February: Reg 285/01, s.1.1]
  
• Good Friday.
  
• Victoria Day.
  
• Canada Day.
  
• Labour Day.
  
• Thanksgiving Day.
  
• Christmas Day.
  
• December 26.

Other days, such as "Civic Holiday", Easter Sunday and Monday and Remembrance Day are NOT public holidays under the ESA.

. ESA Treatment of Holiday Work

The ESA generally provides for holiday-related compensation in accordance with set principles - HOWEVER readers need to verify each case as the rules [(c)-(l) below] are quite intricate and vary with several circumstances. The general principles are:

• that most employees are free to decline to work on public holidays, the most significant exceptions being emergency workers and some retail business establishment employees;
  
  
• where the holiday is not worked, the employee is entitled to pay for the holiday at the "public holiday rate" (which is usually roughly equivalent to the employee's regular rate);
  
  
• where the holiday is worked, the employee is entitled to some combination of "premium pay" and/or "paid time off in lieu" credit, which ranges from 1.5 to 2.5 times equivalence of their regular non-holiday entitlement;
  
  
• "front-loading" or "back-loading" holidays (taking unjustified additional time off just before or just after a holiday) is generally penalized by the reduction or elimination of holiday entitlements.

Further note that in the event that the employee's employment ends before they take their 'paid time off in lieu' stemming from a public holiday, then the employee is entitled to pay for those days at the public holiday rate [ESA s.32].

(b) Key Definitions re Holiday Pay

. "Public Holiday Pay"

But for some specific exceptions noted in (c)-(l) below, "public holiday pay" is[ESA s.1(1), 24(1)]:

Regular wages (plus vacation pay) for the previous four full weeks divided by 20

Note that "public holiday pay" is not the same as the employee's "regular rate" [for comparison see s.2(b): "Wages, Regular Wages and Minimum Wages: Regular Wages", above], though in most cases it will be the same or very close.

. "Premium Pay"

"Premium pay" for these holiday pay purposes is at least 1.5 times the employee's "regular rate" [ESA s.1 "premium pay", 24(2)].

Note that holiday-related hours paid at the premium (1.5 times) rate do not count towards determining the overtime threshold (which is usually assessed on a weekly basis)[ESA s.31].

. "Work"

Regardless of the common law meaning of the term "work", work shall be deemed to be performed for an employer for ESA purposes if either A or B following are satisfied, as appropriate to the circumstances [Reg 285/01, s.6(1)]:

A. When Labour Performed


• work is "permitted or suffered" to be done by the employer (ie. the employer knows and tolerates labour being done for them);
  
  OR
  
  
• work is done despite "a term of the contract of employment expressly forbids or limits hours of work or requires the employer to authorize hours of work in advance".
  
  B. During Off Periods
  
  
• no labour is being done but the employee must remain at the workplace, and
  
  either
  
  
• is "waiting or holding himself or herself ready for call to work",
  
  or
  
  
• on a rest or break-time other than an eating period.

. Interpretation Issue re "Work"

The above passages [from Reg 285/01 s.6(1)] require a bit of mental gymnastics to apply, but ultimately make sense in defining "work". The situation gets a bit trickier when we proceed to read s.6(2) - which qualifies s.6(1) - and which provides that "work shall not be deemed to be performed during the time" when [Reg 285/01, s.6(2)]:

• the employee is entitled to time off for eating;
  
  
• the employee is entitled to "take at least six hours or such longer period as is established by contract, custom or practice for sleeping and the employer furnishes sleeping facilities",
  
  
• the employee is entitled to "take time off work in order to engage in the employee's own private affairs or pursuits as is established by contract, custom or practice";
  
  or
  
  
• the employee is not at the place of employment but "is waiting or holding himself or herself ready for call to work."

The wording regarding the first three of the above 'non-work' situations (ie. "entitled" to time off) appears to rule out such time as being work even if the employee actually works through it, which seems an odd result for a worker-protection law. Further, with respect to eating time at least, that interpretation appears to conflict with ESA s.21, which states that an eating period "in which work is not being performed" need not be paid time unless otherwise agreed between the parties [ESA s.21]. The implication of ESA s.21 is that work "being performed" in an eating period should be paid.

Balancing principles of statutory interpretation as best I can, I think that the above ambiguity can be resolved if we focus on the term "deem", and view s.6 in its entirety as supplementing the common law definition of work rather than replacing it. Under this interpretation, s.6(2)'s 'non-work' circumstances apply to prevent the 'deeming' of work in the listed circumstances, such as might otherwise occur for instance under the 'three-hour rule' deeming rule for minimum wage, explained in s.2(c), above. Under that rule a worker who shows up as scheduled but is sent home is "deemed" to have worked three hours. The s.6(2) circumstances then are exceptions to that rule, and any other similar ESA 'deeming' of work provisions.

Any other interpretation that I can see leaves us with an unnatural result, and a continued conflict between Reg 285/01, s.6 and ESA s.21.

. "Front-loading" and "Back-loading" Time Off

As we will see in the following discussion, the ESA holiday provisions reflect a policy concern with what I call "front-loading" and "back-loading" of holiday time off. This is where an employee "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 policy concern is that employees will try to lengthen long weekends even further.

The presence of "front-loading" and/or "back-loading" are factors applied to reduce or eliminate holiday-related compensation otherwise available.

(c) When Workers Can and Cannot Refuse to Work Holidays and Sundays

. Overview

Determining when an employee has the right to refuse to work holidays and/or Sundays, as opposed to when the employer can insist that they work, is an unfortunately difficult task - one not aided by ambiguous statutory drafting. In sorting these issues out I have found it useful to refer to "main holiday work rules" and "special RBHA (Retail Business Holidays Act) work rules".

The "main holiday work rule" [see below: "Main Holiday Work Rule"] is that when a "public holiday" falls on a day that would ordinarily be a working day, the employee is entitled to take the day off, with "holiday pay". This of course accords with most people's understanding of statutory public holiday entitlements.

Exceptions to this main rule immediately arise in three forms:

• employees who are completely exempt from the main public holidays laws [see (j) "Work Exempt from Public Holiday Provisions", below"], and
  
  
• employees who, while otherwise subject to the main public holiday laws (ie. holiday pay and time off entitlements), may nonetheless be required by the employer to work days that would ordinarily be working days [see "Main Holiday Work Rule Exceptions", below], and
  
  
• employees who "front-load" OR "back-load" the holiday [see "Front-Loading and Back-Loading Holidays", below].

On top of these exceptions are special rules respecting "retail business" employees as defined in the Retail Business Holidays Act (RBHA) [see "Special RBHA Work Rules", below], who have a right of refusal against any holiday scheduling (whether on ordinary working days or not), but some of whom are excepted from this right [see "Special RBHA Work Rule Exceptions", below].

Confusion arises over the status of employees excepted from the special RBHA rule, who one would first think of as having no right to refuse holiday work. In law however such employees may still have a holiday work refusal right under the 'main' rules. If it helps, think of the RBHA rules as 'extra' rights on top of the main rules: ineligibility for the 'extra rights' does not bar eligibility under the main rules (though 'main rule' eligibility must still of course be determined) [hey, I did not write these laws, I'm just trying to explain them)].

Note also that - technically - Sundays are no longer included in the legal definition of "public holidays". This means that most employees do not have a statutory right to refuse to work on Sundays (ie. not under the "main rule", though they may have a contractual right). However exceptions to this rule apply to some retail business (RBHA) employees, which are treated separately [see "Special RBHA Work Rule", below].

. Main Public Holiday Work Rule

i. Overview

The main rule giving employees the right to refuse to work public holidays, where the day in question would ordinarily be a work day, is stated indirectly in the following ESA provision [ESA s.26(1)]:

s.26(1)
If a public holiday falls on a day that would ordinarily be a working day for an employee and the employee is not on vacation that day, the employer shall give the employee the day off work and pay him or her public holiday pay for that thay.

ii. Main Holiday Work Rule Exceptions

However, the following categories of employees are not free to take public holidays off if they fall on regular workdays (unless the employee is on vacation)
[ESA s.28(1)]:

• hospital employees,
  
  
• hotel, motel, tourist resort, restaurant, tavern employees;
  
  A "hotel, motel, tourist resort, restaurant and tavern" means an establishment that provides accommodation, lodging, meals or beverages for payment, and includes hotels, motels, motor hotels, tourist homes, tourist camps, tourist cabins and cottages, tourist inns, catering establishments and all other establishments of a similar nature" [Reg 285/01, s.1];
  
  
• a "continuous operation".
  
  A "continuous operation" is defined as "an operation or that part of an operation that normally continues 24 hours a day without cessation in each seven-day period until it is concluded for that period" [ESA s.1].

iii. Front-Loading and Back-Loading Holidays

The terms "front-loading" and "back-loading" are explained in s.1(b) above. Essentially they refer to the unjustified taking of time off by an employee immediately before or after a public holiday.

Where an employee does either of these, they forfeit their "main rule" entitlement to take a public holiday off, with pay (of course, if they work it they are entitled to regular pay) [ESA s.26(1)].

iv. Work Completely Exempt from Public Holiday Provisions

These are employees who, by the nature of their work, are categorically exempt from most ESA public holiday-related laws. They are listed at (j) "Work Exempt from Public Holiday Provisions", below".

However, these employees are still subject to the "special RBHA rules" (discussed immediately below).

. Special RBHA Work Rule

i. Overview

The Retail Business Holidays Act (RBHA) establishes a general ("pause day") holiday closing principle on retail businesses and their employees [RBHA s.2]. "Retail businesses" are premises engaged in the "selling or offering for sale of goods or services by retail" [RBHA, s.1; adopted for ESA purposes by ESA s.72(1)]. However there are numerous exceptions to this general rule, such as: small stores (eg. convenience stores), pharmacies, gas stations, liquor-licensed premises, and tourist facilities (if authorized properly by municipal by-law).

ii. RBHA Right to Refuse Work Holidays or Sundays

Correspondingly, the normal rule (exceptions below) for RBHA employees [ESA s.73(1,2)]) is that they are entitled to refuse to work on public holidays and Sundays.

Further, where an employee is entitled to refuse to work on a holiday - but has previously agreed to voluntarily work on such a day - they may cancel their agreement by giving the employer 48 hours notice of such decision [ESA s.73(3)].

iii. RBHA Right to Refuse Work Exceptions

However the statutory right of public holiday and Sunday work refusal does not apply to retail business establishments where the primary retail business is [ESA s.72(2)]:

• selling prepared meals,
  
  
• renting living accomodation,
  
  
• open to the public for educational, recreational or amusement purposes, or
  
  
• selling goods or services incidental to any of the above and is located in the same premises.

Note however that the elimination of the 'statutory' right to refuse work on a holiday or Sunday does not bar the existence of a 'contractual' right of such refusal. If a worker under such a contract works a public holiday, they are entitled to premium pay of 1.5 times their regular rate [Reg 285/01, s.29].

iv. A Note About Sundays

After years of political skirmishing, in 1993 the province amended the Retail Business Holidays Act (RBHA) to remove Sundays from the definition of "holidays", thus allowing any retail business to open on Sundays. This change was reflected in the RBH Act (and thus the ES Act as well) by the exclusion of "Sundays" from the definition of "holidays".

However, Sundays are still not treated 'just like any other day' for retail business employee purposes, as they are still subject to the special RBHA work rules, discussed above [ESA s.73(2)]. This gives retail business employees the same rights to refuse to work Sundays as they have for public holidays, although they are subject to the same categorical exceptions (above).

A further exception allowing an employer to require an employee to work Sundays applies if the employee "agreed, at the time of being hired, to work on Sundays", unless they subsequently "decline() to work on a Sunday for reasons of religious belief or religious observance". As well, employers may not make the employee agreeing to work Sundays "a condition of being hired if the condition would be contrary to section 11 of the Human Rights Code [ie. in violation of their religious convictions]." [Reg 285/01, s.10].

v. Enforcement

Where an employee suffer loss or termination as a result of an employers' failure to respect these RBHA work rules, an ESA officer may order compensation - or even reinstatement - as appropriate [ESA s.104] [see Ch.9, s.2: "Offences and Contraventions: Reprisal and Related Remedies"].

(d) Holiday Entitlements Where Holiday Falls on Regular Working Day and is Taken Off

Where a public holiday falls on a regular working day for the employee and is taken off, then they are entitled to be paid "public holiday pay" for that day [ESA s.26(1)].

Note however that no such "public holiday pay" is due where the employee has either "front-loaded" or "back-loaded" the holiday [ESA s.26(2)].

Note further that where the holiday falls during an employee's vacation time, special rules apply [see (h): "Where Public Holiday Falls outside of Regular Working Day or on Vacation Time and IS NOT Worked", below].

(e) Holiday Entitlements Where Holiday Falls on Regular Working Day and is Worked Voluntarily

. Overview

Recall from sub-section (c) above that most employees may refuse to work on public holidays. This sub-section deals with the situation where the employee has the right to refuse to work a holiday, but agrees to anyway.

While most of these situations will fall to be dealt with under the "normal rule" (next below), others rules apply (with some complexity) to situations where an employee fails to perform work agreed to be performed on a worked public holiday, or "front-loads" or "back-loads" the holiday. It is important to note that "work" -as the term is used for these provisions - is NOT equivalent to 'tasks' [see the formal definition of work in (b) above].

. Normal Rule

Where the holiday falls on a regular working day for the employee, and is worked voluntarily by the employee, then the employee is entitled to either [ESA s.27(1,2), 27(4)5]:

A. their regular rate for the holiday and a paid day-off ("paid time off in lieu") at the "public holiday pay" rate (calculated as above as though the day off were the public holiday);

Note that the substituted day-off must either be taken within three months after the public holiday, or - if the parties agree - within 12 months after the public holiday [ESA s.28(3)].

or

B. if the parties agree, "public holiday pay" and "premium pay" (typically, 2.5 X regular pay).

However, if the employee - even having worked all the time agreed to on the public holiday - has either "front-loaded" or "back-loaded" it, then the employee's only entitlement is to premium pay (1.5 x) for the actual time worked on the holiday.

. Where Work Not Performed At All, WITHOUT Reasonable Cause

Where the employee, without reasonable cause, performs "none of the work that he or she agreed to perform on the public holiday" - there is no entitlement to any form of compensation [ie. neither "pay" nor "time off in lieu"] [ESA s.27(4)1].

. Where Work Not Performed At All, WITH Reasonable Cause

Where the employee, with reasonable cause, performs "none of the work that he or she agreed to perform on the public holiday", the employee still has entitlement to either [ESA s.27(4)2]:

• another day off paid at the "public holiday pay" rate
  
  or (if the parties agree);
  
  
• "public holiday pay" for the holiday.

However, the above entitlement is lost if the employee has both "front-loaded" and "back-loaded" the days surrounding the public holiday.

. Where Work Not Performed in Part, WITHOUT Reasonable Cause

Where the employee only performs a part of the work set for the public holiday, without reasonable cause, they are entitled only to premium pay for the part worked (ie. no additional public holiday pay or paid time in lieu) [Reg s.27(4)3].

. Where Work Not Performed in Part, WITH Reasonable Cause

Where the employee only performs a part of the work set for the public holiday, with reasonable cause, then they are entitled to either [ESA s.27(4)4]:

A. their regular rate for the holiday for the hours worked and a full paid day-off ("paid time off in lieu") at the "public holiday pay" rate (calculated as above as though the day off were the public holiday);

or

B. if the parties have agreed, "public holiday pay" for the (full) holiday and "premium pay" for the hours worked.

However, where the employee has either "front-loaded" and "back-loaded" the public holiday, then the only entitlement is to premium pay (1.5 x) for the actual time worked on the holiday.

(f) Holiday Entitlements Where Holiday Falls on Regular Working Day and Work is Mandatory

. Overview

As explained in (c) above, the following types of employees are not free to take public holidays off if they fall on regular workdays (unless the employee is on vacation) [ESA s.28(1)]:

• hospital,
  
  
• hotel, motel, tourist resort, restaurant, tavern employees;
  
  
• a "continuous operation" (24/7 operations).

The following provisions set out the holiday pay and other entitlements of such employees.

Note that workers who are completely exempt from the Part X ESA "public holiday" provisions - and who are required under their employment contract to work such holidays - are not paid for them in accordance with the below 'mandatory holiday work' rules. Instead see (j): "Work Exempt from Public Holiday Provisions", below].

. Normal Rule

Where the holiday falls on the employee's regular (non-vacation) working day, and the employer requires them to work it, then the employee is entitled to either (at the employer's discretion) [ESA s.28(2)]:

A. their regular rate for the hours worked on the holiday and a paid full day-off ("paid time off in lieu") at the "public holiday pay" rate (calculated as above as though the day off were the public holiday);

Note that the substituted day-off must either be taken within three months after the public holiday, or - if the parties agree - within 12 months after the public holiday [ESA s.28(3)].

or

B. "public holiday pay" for the entire day and "premium pay" for each actually hour worked.

. Where Work Not Performed At All

However, there is no pay entitlement as per the normal rule where the employee, without reasonable cause, performs "none of the work that he or she agreed to perform on the public holiday" [ESA s.28(4)].

However, in such a case the employee still has entitlement to either (at the employer's choice) another day off paid at the "public holiday pay" rate or "public holiday pay" for the holiday. [roughly, they get a pay equivalent as though it was a regular working day]. But even this entitlement is lost if the employee both "front-loads" and "back-loads" the holiday.

. Where Work Not Performed in Part, WITHOUT Reasonable Cause

Where the employee only performs a part of the work set for the public holiday, without reasonable cause, they are entitled only to premium pay for the part worked (ie. no additional public holiday pay or paid time in lieu).

. Where Work Not Performed in Part, WITH Reasonable Cause

Where the employee only performs a part of the work set for the public holiday, with reasonable cause, then they are entitled to either (at the employer's discretion) [ESA s.28(4)4]:

A. their regular rate for the holiday for the hours worked,

and either of B or C below:

B. a full paid day-off ("paid time off in lieu") at the "public holiday pay" rate (calculated as above as though the day off were a public holiday); or

C. "public holiday pay" for the holiday and "premium pay" for the hours worked.

However, if the employee both "front-loads" and "back-loads" the holiday then their only entitlement is to premium pay (1.5 x) for the actual time worked on the holiday.

. Where Work Fully Performed but Front or Back-Loading

Where the employee performs all the work agreed on the public holiday, but both "front-loads" and "back-loads" the holiday, then the employee's only entitlement is to premium pay (1.5 x) for the actual time worked on the holiday.

(g) Holiday Entitlements Where Public Holiday Falls during Pregnancy or Parental Leave Time, or During Layoff

Where an employee 'misses' a public holiday due to it falling on an employee's pregnancy or parental leave time, the employee is entitled to "public holiday pay" for that day [ESA s.29(2.1)]. Leave issues are explained in Ch.5, s.2: "Benefit Plans, Leaves and Other ESA Rights: Leaves".

However, there is no such entitlement in the case of a lay-off where it has (before the public holiday occurs) been converted into a termination by virtue of having exceeded being a "temporary lay-off" [ESA s.29(2.2)]. Determining when this has happened can be complicated, but is explained in the discussion of 'termination lay-offs' in Ch.8, s.2(f): "Termination and Wrongful Dismissal: Termination and Related Topics: Lay-Offs".

Further, any of these leave or lay-off holiday entitlements are lost if the employee either "front-loads" or "back-loads" the holiday (note that in the case of leaves or lay-offs this applies to the regularly scheduled days immediately on either side of the leave or lay-off time) [ESA s.29(4)].

(h) Holiday Entitlements Where Public Holiday Falls outside of Regular Working Day or on Vacation Time, and IS NOT Worked

Where an employee 'misses' a public holiday due to it falling on an employee's regular off day or vacation time, the employee is entitled to [ESA s.29(1,3)]:

• a another paid day off in lieu (paid at the public holiday rate, calculated as though the day off were a public holiday),
  
  Note that the substituted day-off must either be taken within three months after the public holiday, or - if the parties agree - within 12 months after the public holiday [ESA s.29(2)].
  
  or, if the parties agree:
  
  
• public holiday pay for the holiday.

These holiday entitlements are lost if the employee either "front-loads" or "back-loads" the holiday (note that in the case of vacations and weekends this applies to the regularly scheduled days immediately on either side of the vacation or weekend time) [ESA s.29(4)].

(i) Holiday Entitlements Where Public Holiday Falls outside of Regular Working Day or on Vacation Time, and IS Voluntarily Worked

. Normal Rule

Where a public holiday falls outside of a regular working day or on the employee's vacation, and the parties agree that the employee will voluntarily work all or some of it, then the employee is entitled to either [ESA s.30(1,2)]:

• their regular rate for the hours worked on the holiday and a full paid day-off ("paid time off in lieu") at the "public holiday pay" rate (calculated as above as though the day off were the public holiday);
  
  Note that the substituted day-off must either be taken within three months after the public holiday, or - if the parties agree - within 12 months after the public holiday [ESA s.30(3)].
  
  or, if the parties agree:
  
  
• "public holiday pay" for the entire day and "premium pay" for each hour actually worked.

However, if the employee either "front-loads" or "back-loads" the public holiday, their only entitlement is to premium pay for the hours actually worked on the public holiday [ESA s.30(4)5]. The "loading" provisions could only apply to regularly scheduled days immediately on either side of the weekend or vacation time.

. Where No Work Performed, WITHOUT Reasonable Cause

However, there are no holiday entitlements where the employee, without reasonable cause, performs "none of the work that he or she agreed to perform on the public holiday" [ESA s.30(4)1].

. Where No Work Performed, WITH Reasonable Cause

Where the employee, with reasonable cause, performs "none of the work that he or she agreed to perform on the public holiday" [ESA s.30(4)2], then they are entitled to:

• a paid full day-off ("paid time off in lieu") at the "public holiday pay" rate (calculated as above as though the day off were the public holiday);
  
  or, if the parties agree:
  
  
• "public holiday pay" for the holiday.

However, these holiday entitlements are lost if the employee has either "front-loaded" or "back-loaded" the public holiday.

. Where Work Not Performed in Part, WITHOUT Reasonable Cause

Where the employee only performs a part of the work set for the public holiday, without reasonable cause, they are entitled only to premium pay for the part worked (ie. no additional public holiday pay or paid time in lieu) [ESA s.30(4)3].

. Where Work Not Performed in Part, WITH Reasonable Cause

Where the employee only performs a part of the work set for the public holiday, with reasonable cause, then they are entitled to [ESA s.30(4)4]:

• their regular rate for the holiday for the hours worked, and a full paid day-off ("paid time off in lieu") at the "public holiday pay" rate (calculated as though the day off were a public holiday);
  
  or, if the parties agree:
  
  
• "public holiday pay" for the holiday and "premium pay" for the hours actually worked.

However, if the employee has either "front-loaded" or "back-loaded" the public holiday, then they are only entitled to premium pay for the hours actually
worked.

(j) Work Exempt from Public Holiday Provisions

. Overview

Note that some employees (listed below) are completely exempt from the Part X ESA "public holiday" provisions. Such employees - when they do work public holidays - are not paid for them in accordance with "Holiday Entitlements Where Holiday Falls on Regular Working Day and Work is Mandatory" rules [(f) above]. They are paid in accordance with their employment contracts, subject of course to any other applicable minimum standard provisions of the ESA (eg. minimum wage, etc).

Note that where an employee's work partially involves employment that by its nature is exempt from these public holiday provisions, the public holiday provisions still apply as long as the exempt work constitutes no more than half of the total work performed in that work week [ESA s.25].

Note further that these Part X-exempt employees may or may not also be exempted from the retail business holiday rules. To determine this see s.3(c): "Holiday Entitlements: When Workers Can and Cannot Refuse to Work Holidays and Sundays", above.

. Exempt Employment and Employees

The following employees and employment are exempt from the above public holiday provisions [Part X of the ESA] [Reg 285/01, s.9]:

• firefighters (as defined in the Fire Protection and Prevention Act, 1997);
  
  
• fishing or hunting guides;
  
  
• landscape gardeners;
  
  
• swimming pools installation and maintenance;
  
  
• students instructing or supervising children;
  
  
• students at a camp for children;
  
  
• students in a recreational program operated by a charitable organization;
  
  
• live-in superintendents, janitors or caretakers of a residential building;
  
  
• taxi cab drivers (a "taxi cab" includes a vehicle for hire with seating accomodation for nine or fewer persons [Reg 285/01, s.1]);
  
  
• seasonal employees of a hotel, motel, tourist resort, restaurant or tavern provided with room and board (accomodation and food)("seasonal employees" work 16 or fewer weeks per year for single employers [Reg 285/01, s.1]).;
  
  
• a construction worker who "receives 7.7 per cent or more of his or her hourly rate or wages for vacation pay or holiday pay".
  
  A construction worker is one who works either on or off-site in "businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site" [Reg 285/01, s.1].
  
  
• any employment "directly related to":
  
  - mushroom growing
  - retail or wholesale flower, tree or shrub growing
  - growing, transporting or laying of sod
  - retail or wholesale
  - horse breeding or boarding on a farm
  - keeping fur-bearing mammals (as defined under the Fish and Wildlife Conservation Act, 1997) for propagation or commercial pelt production
  
  
• farm employees "whose employment is directly related to the primary production of eggs, milk, grain, seeds, fruit, vegetables, maple products, honey, tobacco, herbs, pigs, cattle, sheep, goats, poultry, deer, elk, ratites, bison, rabbits, game birds, wild boar and cultured fish." [Reg 285/01, s.2(2)].

. Special Holiday Rule for Fruit, Vegetable and Tobacco Harvesters

Farm workers employed to harvest fruit, vegetables or tobacco are exempt from the public holiday provisions until they have been employed for 13 weeks [Reg 285/01, s.24,27]. The 13 weeks are counted from the commencement of employment, not just days actually worked.

Continue Chapter Here ...