Do part-time employees get holiday pay in Ontario? This is a common question among both employees and employers in the province. The answer to this question is not straightforward and depends on various factors, including the specific employment contract and the nature of the job. In this article, we will explore the different scenarios under which part-time employees in Ontario may or may not receive holiday pay.

In Ontario, the Employment Standards Act (ESA) provides the minimum standards for employment in the province. According to the ESA, employees are generally entitled to public holiday pay if they work on a public holiday. However, the rules regarding holiday pay for part-time employees can be more complex.

Firstly, it is important to note that part-time employees are defined as those who work less than 30 hours per week on average. Under the ESA, part-time employees are entitled to the same public holidays as full-time employees. This means that if a part-time employee is scheduled to work on a public holiday, they are generally entitled to holiday pay, provided they have worked at least 48 hours in the four weeks preceding the holiday.

However, the situation becomes more nuanced when considering the overall number of hours worked by a part-time employee in a year. If a part-time employee works less than 880 hours in a calendar year, they may not be entitled to holiday pay. This is because the ESA considers employees who work less than 880 hours in a year as casual employees, and casual employees are not entitled to holiday pay.

Another factor that can affect a part-time employee’s eligibility for holiday pay is the employer’s policy. Some employers may have their own policies that provide holiday pay to part-time employees, even if the ESA does not require it. In such cases, the employer’s policy would take precedence over the ESA. It is essential for part-time employees to review their employment contracts and understand their employer’s holiday pay policy.

Moreover, there are exceptions to the general rule that part-time employees are not entitled to holiday pay if they work less than 880 hours in a year. For example, if a part-time employee is on a leave of absence due to illness, injury, or parental leave, they may still be entitled to holiday pay during the period of their leave, provided they were working before the leave commenced.

In conclusion, whether part-time employees in Ontario receive holiday pay depends on a combination of factors, including the number of hours worked, the employer’s policy, and the specific circumstances of the employee. While the ESA provides a minimum standard for public holiday pay, it is crucial for both employees and employers to be aware of their rights and obligations under the law. For employees, it is advisable to review their employment contracts and seek clarification from their employers regarding holiday pay. Employers, on the other hand, should ensure that their holiday pay policies are in compliance with the ESA and any additional policies they may have in place.