Public Holiday Pay – Calculation Formula Revised – May 9, 2018

The Ontario Ministry of Labour (MOL) announced yesterday that it plans to conduct a review of the  public holiday system which is part of the provincial Employment Standards Act (ESA). Details from the MOL’s announcement can be found in their press release of May 7, 2018 at the link provided below: May 7, 2018 Press Release

BACKGROUND – As part of the “Fair Workplaces, Better Jobs Act 2017” (Bill 148) which came into
effect on January 1, 2018, the provincial government introduced a revised formula for calculating public holiday pay. The new formula presented significant implementation challenges for many Ontario employers including the Colleges. The government is now responding to feedback from stakeholders and, as an interim measure to help alleviate some of these challenges, the MOL introduced a new regulation (O.Reg. 375/18) that reinstates the former public holiday pay calculation formula.

WHAT’S NEW – Effective with the Canada Day statutory holiday on July 1, 2018, the approved public holiday pay calculation formula under the provincial Employment Standards Act will be equal to the amount of regular wages earned and vacation pay payable to the employee in the four weeks before the work week in which the public holiday occurred, divided by 20.

STAY TUNED – The announcement of the reinstatement of the former public holiday pay calculation formula is being reviewed within the Human Resources Department at Fleming College for the purpose of establishing our local implementation plans. Further details will be communicated as soon as they become available.

HR has established a Bill 148 webpage where we will house all pertinent information as it becomes available. Employees are welcome to send ESA/Bill 148-related inquiries to a central email account .