Kirsty works in 5 months in the leave year. Workers who leave employment have their annual leave pro-rated based on the time that they spent in work as a proportion of the year. Gen’s statutory leave entitlement for his internship is 18.6% of 28 days, or 5.22 days’ statutory leave. She started her role on 3 October 2019 and is leaving on 27 February 2020. Her leave year started on 1 April 2019, running until 31 March 2020, and she is leaving her role on Thursday 25 July 2019. Under the definition of “statutory holiday” in section 1 of the Employment Standards Act, there are ten named statutory holidays as shown below: Subsection 44 (a) & (b) It is a minimum requirement that an employee must be employed at least 30 calendar days in order to qualify for a statutory holiday 1. Leave entitlement for full year x (months started ÷ 12) Regulation 14 calculates leave based on calendar days in employment (not days spent working). When workers leave employment, regulation 14 of the Working Time Regulations governs the workers’ statutory annual leave entitlement, and any payment that must be made to a worker in lieu of untaken leave. Therefore, statutory leave entitlement should be calculated in days, and then multiplied by the average length of the working day. Workers who are in employment for a full leave year are entitled to 5.6 weeks’ statutory leave subject to a cap of 28 days. Examples throughout this guidance are based on the appropriate length of year or leap year based on the dates used. They are not obligated to accept this work, and have no regular hours. In our view it is appropriate to incorporate the cap as 28-days of the average working day. To convert annual leave into hours, the entitlement in days should be multiplied by the average working day (11.25 hours x 7.1 days). Easter Sunday is the first Sunday after the full moon on or following March 21st, or one week later if the full moon falls on Sunday. Between 1 April 2019 and 5 August 2019 there are 127 calendar days. Where workers work a fixed number of hours each week but not the same number of hours each day, the legislation does not state how to incorporate the 28-day statutory cap when calculating their full annual leave entitlement. The legislation does not state how to calculate the full statutory annual leave entitlement for shift workers. Have worked or earned wages (like paid vacation days or another statutory holiday) on 15 of the 30 days before a statutory holiday; Some people think employees only need to work the day before and the day after to qualify for statutory holiday pay. She works 27.5 hours over 5.5 days a week. Related Information. Note that the “Fed” jurisdiction applies to employees governed under the Canada Labour Code, Part III. Between 19 August 2019 and 31 December 2019, Kirsty works in 5 months. References from the Employment Standards Act, Section 44 Entitlement to statutory holiday, Section 46 If employee is required to work on statutory holiday, Section 48 Substituting another day for a statutory holiday, *Don't provide personal information . The statutory holiday entitlement for a worker who leaves part-way through a leave year is: Statutory Holiday Entitlement = 5.6 weeks x proportion of leave year in employment. Find out if you qualify for statutory holiday pay by answering a series of questions about your specific work situation. Edward’s full annual leave entitlement is the lower amount of 28 days or 5.6 x 6 days (33.6 days) see Section 1: Days per week. Workers who start part-way through a leave year are entitled to a pro-rating of their annual entitlement of 5.6 weeks. Edward’s leave entitlement in the leave year up until he leaves his job is 38.0% of 28 days, or 10.7 days’ statutory leave. This is entered into the equation in order to pro-rate the entitlement: The final step is to round the entitlement up to the next half or whole shift. As Wanda’s shift pattern does not align with a calendar week, the first step is to calculate her average shifts per week: Wanda’s statutory annual leave entitlement is then the lesser of 5.6 x 3.1 shifts (17.5 shifts) or 28 days’ worth of shifts. Therefore, Mary’s statutory holiday entitlement in hours is 79.9 hours. rounded up to the next half or whole day (whichever is closer), Calculate the worker’s full annual leave entitlement, Pro-rate based on the number of months started, Where this includes a fraction of a day, round up to the next half or whole day (whichever is closer). Her full annual leave entitlement as calculated is 28 days. This can also relate to those who work a pattern of days over a fortnight (for example a 9-day fortnight), as they will have a fixed “average” working week (in this case 4.5 days a week makes up a 9-day fortnight). His contract states that his leave year starts on 1 April 2019 and ends on 31 March 2020. This section identifies when an employee is eligible for statutory holiday pay for one of the “statutory holidays” named in s.1 of the Act. This is the most straightforward calculation. There is separate guidance on how to calculate the pay that a worker is entitled for their statutory leave entitlement.
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