If an employee works on a public holiday, they should receive holiday pay equal to:

• the total amount of their regular wages and vacation pay earned in the four weeks prior to the holiday, divided by 20.

• If the employee is required to work on a public holiday, the employer must pay them at least one and a half times their regular rate of pay, unless they agree to substitute the holiday for another day.

• If an employee and employer agree to work on a public holiday, the employer must pay the employee their regular rate of pay for the hours worked, and provide them with a substitute day off to be taken later, along with holiday pay.

• If the employer requires an employee to work on a public holiday, the employee is entitled to a substitute day off and holiday pay,

  • unless they fail to work their last scheduled workday before or after the holiday without reasonable cause.

Ont ESA Pt. X s.24-26