On January 2, 2009, regulations to the Employment Standards Act, 2000 (ESA) were amended, entitling Elect to Work employees to public holiday pay. Elect to Work, or “casual” employees are generally defined as employees who have the ability to refuse work assignments offered to them without negative consequences.
Now, pursuant to the new regulation, Elect to Work employees have the same rights to public holiday entitlements as permanent employees under the general public holiday provisions of the ESA. Previously, Elect to Work employees were not covered by ESA legislation on public holidays, except for the right to be paid time and one half, multiplied by their regular rate of pay when working on a public holiday.
This change means that as of Family Day on February 16, 2009, Elect to Work employees are eligible for holiday pay.
More information can be found at:
Regulation 443/08 can be found at e-laws: