May 28, 2018
by Israel Foulon LLPPrevious Public Holiday Pay Calculation Reinstated Starting with the July 1, 2018 Holiday
The Ontario Government has announced that it will review the public holiday system under Part X of the Employment Standards Act, 2000 (“ESA”) following feedback and discussions with stakeholders. The review will be conducted in 2018.
As an interim measure, the government has made a new regulation, O. Reg. 375/18, that reinstates the previous public holiday pay formula. The regulation will come into effect on July 1, 2018.
From now until June 30, 2018, public holiday pay should be calculated as follows: the total amount of regular wages earned in the pay period immediately preceding the public holiday, divided by the number of days the employee worked in that period.
Starting with the July 1, 2018 holiday, public holiday pay will revert to the previous formula: the total amount of regular wages earned and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, divided by 20.
Submissions regarding the public holiday system can be sent to: exemptions.review@ontario.ca