Public Holiday Pay Change

wood frame chair with orange striped fabric on a sandy beachThe first reversal of a Bill 148 change is on the horizon. On May 7, 2018, the Ontario government announced it will be reviewing the Bill 148 change to how public holiday pay is calculated. The new way of calculating public holiday pay has reportedly generated the most complaints of any of the Bill 148 changes to the Employment Standards Act, 2000.

The new O. Reg. 375/18 comes into force on July 1, 2018. It reverts the public holiday pay formula to the pre-Bill 148 version. This reversion is temporary and O. Reg. 375/18 will be revoked on December 31, 2019. This will allow the Ministry of Labour time to complete their review of public holiday pay and likely means that we can expect further changes.

Calculating Public Holiday Pay

For public holidays prior to July 1, 2018, such as the upcoming Victoria Day holiday, the Bill 148 formula will need to be used. This requires public holiday pay be calculated in the following manner:

  • Divide the wages earned by the worker in the pay period immediately preceding the public holiday by the number of days actually worked (s.24(1)).

After June 30, 2018, public holiday pay will be calculated following the pre-Bill 148 method and in accordance with O. Reg. 375/18:

  • Divide the wages earned by the worker in the four work weeks prior to the work week in which the public holiday occurs and divide by 20.

The effect of the Bill 148 amendment was to give part-time and casual workers a full day of pay for a public holiday, as long as they worked at least one full day in the previous pay period. The former and future method for calculating public holiday pay has the effect of giving workers who do not work full time only a portion of the public holiday pay commensurate with their part-time status.

For more about Bill 148 see our numerous posts on the topic or check out our Bill 148 Compliance Program.

Share the Post:

Related Posts

Colourful raised hands illustrating AI, workplace inclusion, accessibility and diverse participation.

Can AI Help Build a More Inclusive Workplace? 

Can AI help create a more inclusive workplace? From accessible communication tools to insights about hiring and advancement, AI can help employers spot barriers that are easy to miss. This blog explores how thoughtful AI use can support workplace equity, accessibility, and better decision making while keeping people, accountability, empathy, and responsible leadership at the centre of inclusion efforts.

Read More »
Runners leaving starting blocks on a track, representing how employers can proactively prepare for litigation

Avoid Stress. Proactively Prepare for Litigation

Litigation can arrive faster than you expect, bringing deadlines, paperwork and stress with it. Proactively preparing for litigation can help Ontario employers respond with greater clarity and confidence. From better documentation and clear workflows to compliance reviews and ongoing employment law support, thoughtful preparation can help protect your business, support your team and keep workplace issues from becoming bigger problems.

Read More »
Black and white cat showing teeth, illustrating a blog about workplace conflict and just cause for dismissal

Can You Tell Your Boss to F* Off and Keep Your Job? The Ontario Court of Appeal Weighs In 

Can you swear at your boss and still keep your job? Jeff Adams examines an Ontario Court of Appeal decision on just cause, workplace misconduct and condonation. The case shows why context matters when employers respond to threats, insulting workplace communications and misconduct, and why delays in discipline do not always mean an employer has accepted the conduct as permissible.

Read More »

Contact Us

Thank You For Your Interest. Kindly Complete The Form Below. Our Client Services team will be in touch with further information about our fees and intake process.
[grow-contact-form]