Scenario C Flashcards
Latisha is a permanent part-time employee at Riverdale’s, a high-end clothing store, where she has worked since April 1 of last year. She gets paid bi-weekly and receives vacation pay when she takes her vacation. Latisha plans to take time off around Thanksgiving because her family will be in town. She requests not to be scheduled the day immediately before Thanksgiving, which her employer grants. Latisha is then next scheduled to work her regular shift the day after Thanksgiving. When payday arrives, Latisha realizes that she did not receive public holiday pay and the payroll clerk tells her that she did not qualify for it. Surprised, Latisha seeks confirmation from the head of HR, Rashid. She is particularly concerned because she is planning to take her 2 weeks’ vacation in late December, during which there will be 2 public holidays. Rashid advises senior management that Latisha did in fact qualify for public holiday pay for Thanksgiving. Which of the following rationales best supports Rashid’s determination? a) Latisha is entitled to public holiday pay because she worked the day after the holiday. b) Latisha, as a permanent part-time employee, is entitled to public holiday pay whether she works the scheduled day before the holiday or not. c) Latisha is entitled to public holiday pay because she worked her last regularly scheduled day before the holiday and her first regularly scheduled day after the holiday.
The answer is c. Latisha is entitled to public holiday pay because she worked her last regularly scheduled day before the holiday and her first regularly scheduled day after the holiday. Functional Area: C1 Rationale(s): A is incorrect. Simply working the day after the holiday does not qualify Latisha for public holiday pay. Rashid’s justification (or rationale) must be that Latisha has satisfied the Last and First Rule. That is, she must work her last regularly scheduled shift and her first regularly scheduled shift after the holiday. B is incorrect. Holiday pay is not an automatic entitlement to employees. To qualify for holiday pay, employees must satisfy the Last and First Rule. That is, Latisha must work her last regularly scheduled shift and her first regularly scheduled shift after the holiday. C is correct. Latisha worked her regularly scheduled day before the public holiday and her regularly scheduled day after the public holiday. (Note: Although Latisha requested the day before the holiday off, she worked her last scheduled day and her first scheduled day after the holiday.)
Latisha is a permanent part-time employee at Riverdale’s, a high-end clothing store, where she has worked since April 1 of last year. She gets paid bi-weekly and receives vacation pay when she takes her vacation. Latisha plans to take time off around Thanksgiving because her family will be in town. She requests not to be scheduled the day immediately before Thanksgiving, which her employer grants. Latisha is then next scheduled to work her regular shift the day after Thanksgiving. When payday arrives, Latisha realizes that she did not receive public holiday pay and the payroll clerk tells her that she did not qualify for it. Surprised, Latisha seeks confirmation from the head of HR, Rashid. She is particularly concerned because she is planning to take her 2 weeks’ vacation in late December, during which there will be 2 public holidays. Latisha decides to delay her holiday until summer of next year, but Rashid tells her that is not possible. Why would Rashid advise that? a) The Employment Standards Act, 2000 requires employees to take their vacation in the same calendar year as their vacation entitlement year ends. b) The Employment Standards Act, 2000 requires employees to take their vacation within 10 months of the end of their vacation entitlement year. c) The Employment Standards Act, 2000 requires employees to take their vacation within 12 months of the end of their vacation entitlement year.
The answer is b. The Employment Standards Act, 2000 requires employees to take their vacation within 10 months of the end of their vacation entitlement year. Functional Area: C1 Rationale(s): A is incorrect. The ESA threshold for taking vacation earned is 10 months of the end of the vacation entitlement period if the company does not have an alternative vacation entitlement year. B is correct. The ESA threshold for taking vacation earned is within 10 months of the end of the vacation entitlement period. C is incorrect. The ESA threshold for taking vacation earned is 10 months of the end of the vacation entitlement period, not 12 months.
Latisha is a permanent part-time employee at Riverdale’s, a high-end clothing store, where she has worked since April 1 of last year. She gets paid bi-weekly and receives vacation pay when she takes her vacation. Latisha plans to take time off around Thanksgiving because her family will be in town. She requests not to be scheduled the day immediately before Thanksgiving, which her employer grants. Latisha is then next scheduled to work her regular shift the day after Thanksgiving. When payday arrives, Latisha realizes that she did not receive public holiday pay and the payroll clerk tells her that she did not qualify for it. Surprised, Latisha seeks confirmation from the head of HR, Rashid. She is particularly concerned because she is planning to take her 2 weeks’ vacation in late December, during which there will be 2 public holidays. Latisha earns $160 a day and generally works 5 days a week, with the exception of the week before Thanksgiving Day, when she only worked 4 days. She has not taken any vacation so far this year. How much public holiday pay is Latisha entitled to for Thanksgiving Day? a) Latisha is entitled to $144 in public holiday pay. b) Latisha is entitled to $152 in public holiday pay. c) Latisha is entitled to $166 in public holiday pay.
The answer is b. Latisha is entitled to $152 in public holiday pay. Functional Area: C1 Rationale(s): A is incorrect. Latisha’s weekly wages is $800 ($160 x 5). She did not work the full week in the fourth week before Thanksgiving Day. Therefore, the total wages she receives over the 4 work weeks before the public holiday is $3,040 [($800 x 3) + $640)]. Since Latisha was not on vacation during the 4 work weeks before Thanksgiving Day, her vacation pay is $0. Based on the public holiday pay formula, Latisha’s public holiday pay entitlement is $152 (i.e., ($3,040 + 0) ÷ 20). Therefore, $144 cannot be Latisha’s public holiday entitlement. B is correct. Latisha’s weekly wages is $800 ($160 x 5). She did not work the full week in the fourth week before Thanksgiving Day. Therefore, the total wages she receives over the 4 work weeks before the public holiday is $3,040 [($800 x 3) + $640). Since Latisha was not on vacation during the 4 work weeks before Thanksgiving Day, her vacation pay is $0. Using the public holiday pay formula, we can determine that Latisha is entitled to $152 (i.e., ($3,040 + 0) ÷ 20) in public holiday pay. C is incorrect. Latisha’s weekly wages is $800 ($160 x 5). She did not work the full week in the fourth week before Thanksgiving Day. Therefore, the total wages she receives over the 4 work weeks before the public holiday is $3,040 [(800 x 3) + $640]. Since Latisha was not on vacation during the 4 work weeks before the public holiday, her vacation pay is $0. Based on the public holiday pay formula, Latisha’s public holiday pay entitlement is $152 (i.e., ($3,040 + 0) ÷ 20), not $160. However, $160 would generally be Latisha’s public holiday entitlement if she works her full regular work weeks (i.e. 5 days a week).
