Canadian Employment Standards
Province | Standard | Description |
---|---|---|
Alberta (AB) | Overtime Pay | Over 8 hours/day or 44 hours/week, whichever is greater. |
Statutory Holidays - Eligibility | Employee must have been employed by the same employer for at least 30 workdays in the 12 months prior to the holiday. If a general holiday is a regular day of work or the employee worked on the general holiday that is not a regular day of work. Regular day of work is every workday in an employee's normal schedule: if the employee works the same days every week or if employee worked 5 of the same weekdays in the last 9 weeks before the holiday (The 5 of 9 rule). | |
Statutory Holidays - Not Worked | Average daily wage = Total wages earned (not including overtime, holiday pay and vacation pay) averaged over number of days worked in the 4 weeks immediately before the Statutory (General) holiday. | |
Statutory Holidays - Worked | 1.5x wage rate for each hour worked plus average daily wage or Standard wage rate for each hour worked on the general holiday plus a day off with pay of at least their average daily wage. | |
Vacation Pay | 4% for the first 5 years 6% after 5 years | |
Vacation Entitlement | 2 weeks after 1 year 3 weeks after 5 consecutive years | |
British Columbia (BC) | Overtime Pay | After 8 hours/day and 40 hours/week 1.5x and 2.0x after 12 hours/day. |
Statutory Holidays - Eligibility | Employee must have been employed for 30 calendar days before the statutory holiday and Worked or earned wages on 15 of the 30 days immediately before the statutory holiday. | |
Statutory Holidays - Not Worked | Average day’s pay Average day's pay = “total wages” earned in the 30 calendar days before the statutory holiday divided by the number of days worked. Vacation days taken during this period count as days worked. “Total wages” includes wages, commissions, statutory holiday pay and vacation pay but does not include overtime pay. | |
Statutory Holidays - Worked | 1.5x plus average day's pay and 2.0x after 12 hours plus an average day’s pay. Can substitute another day off for a statutory holiday | |
Sick Leave | (Jan 2022) Up to 5 days paid sick leave per year at regular wages. New Legislation effective January 1, 2022. | |
Vacation Pay | 4% for the first 5 years 6% after 5 years | |
Vacation Entitlement | 2 weeks after 1 year
3 weeks after 5 years | |
Manitoba (MB) | Overtime Pay | After 8 hours/day and 40 hours/week |
Statutory Holidays - Eligibility | Exceptions: Eligible unless absent on first scheduled workday before or after the holiday without the employer's consent; or the holiday falls on a day that would normally be a workday and employee is required or scheduled to work on the holiday, and is absent on that day without the employer's consent. | |
Statutory Holidays - Not Worked | Wage for regular hours of work on a normal workday in the pay period. If hours worked in day varies or wage varies from pay period to pay period then, Holiday pay = 5% of the employee's total wages, excluding overtime, for the four-week period immediately preceding the holiday. | |
Statutory Holidays - Worked | Overtime wage rate and holiday pay | |
Vacation Pay | 4% for the first 5 years
6% after 5 years | |
Vacation Entitlement | 2 weeks after 1 year
3 weeks after 5 years | |
New Brunswick (NB) | Overtime Pay | Minimum overtime wage rate $15.98 or 1.5 min wage in excess of 44 hr/wk |
Statutory Holidays - Eligibility | Must be employed for at least 90 calendar days (not only work days) during the 12 months before the public holiday; have worked scheduled regular day of work before and after the holiday (this is not necessarily the day immediately before or after the holiday), unless there is a good reason for not doing so (most reasons related to illness are considered acceptable); If agreed to work on the public holiday report for work and work his scheduled shift unless there is a good reason for not doing so; not be employed under an arrangement where he can decide when to work or not to work; and not be employed in specific occupations exempted by regulation. | |
Statutory Holidays - Not Worked | Regular day’s pay
or
pay an additional 4% of all of the employee’s gross wages. If wages vary, calculate average day's pay. Average day's pay = all hours worked (excluding overtime) in the 30 days immediately before the holiday. | |
Statutory Holidays - Worked | If eligible, regular day’s pay plus 1.5x regular wage rate for the hours worked
or
pay an additional 4% of all of the employee’s gross wages plus 1.5x regular rate of pay for the hours worked on each holiday. Can substitute a day off but must be taken no later than the employee’s next vacation period. If not eligible, 1.5x regular wages for hours worked. | |
Vacation Pay | 4% for the first 8 years
6% after 8 years | |
Vacation Entitlement | 1 day/month worked or 2 wks/yr for less than 8 yrs
1 & 1/4 day/month worked, or 3 wks/yr after 8 years | |
Newfoundland (NL) | Overtime Pay | Minimum overtime wage $15.75 in excess of 40 hr/wk |
Statutory Holidays - Eligibility | If employee has been employed by the employer for at least 30 calendar days prior to the paid holiday and works their scheduled shift before and after the paid holiday. | |
Statutory Holidays - Not Worked | Average day's pay. For varying hours calculate as hourly rate of pay multiplied by the average number of hours worked in a day by the employee in the 3 weeks immediately preceding the holiday. | |
Statutory Holidays - Worked | 2.0x regular hourly rate or an extra day off with pay within 30 days or an extra vacation day If work less hours on holiday, regular rate of pay for hours worked plus a regular's day pay. Employees do not have to meet any qualifiers to receive this benefit. | |
Vacation Pay | 4% for the first 15 years
6% after 15 years | |
Vacation Entitlement | 2 weeks after 12 months and less than 15 years
3 weeks after 15 years | |
Nova Scotia (NS) | Overtime Pay | After 48 hr/wk |
Statutory Holidays - Eligibility | An employee must be entitled to receive pay for at least 15 of the 30 calendar days before the holiday
and
have worked on his/her last scheduled shift or day before the holiday and on the first scheduled shift or day after the holiday. If employer tells employee not to report to work on day immediately before or after holiday, then still entitled to holiday pay if the first qualification is met. | |
Statutory Holidays - Not Worked | Regular day’s pay
If the employee’s hours of work change from day to day, or if wages change from pay to pay, the employer should average hours or wages over 30 days.
If the holiday falls on regular day off, entitled to another day off with pay. | |
Statutory Holidays - Worked | 1.5x regular rate of wages for the number of hours worked on that holiday plus the amount employee would normally receive for that day. | |
Vacation Pay | 4% for the first 8 years 6% after 8 years | |
Vacation Entitlement | 2 weeks after 12 months 3 weeks after 8 years | |
Northwest Territories (NT) | Overtime Pay | After 8 hours/day and 40 hours/week |
Statutory Holidays - Eligibility | Exceptions: Employee not entitled to be paid holiday pay for a statutory holiday on which does not work if the employee has not worked for employer a total of at least 30 days during the preceding 12 months; required to work that day but did not report to work; or without the consent of the employer, did not report for work on last regular working day preceding or following the statutory holiday. An employee is entitled to be paid holiday pay while on bereavement leave, sick leave or court leave not exceeding 10 days. | |
Statutory Holidays - Not Worked | If wages are calculated on the basis of time, the regular rate of wages for the normal hours of work or If the employee’s wages are calculated on another basis, daily wages based on the average of daily wages for the four weeks worked immediately preceding the week in which the statutory holiday occurs. | |
Statutory Holidays - Worked | Holiday pay plus overtime pay for the time worked on that day or a substitute holiday at some other time, not later than employee's next annual vacation or the termination of his or her employment, whichever occurs first. | |
Vacation Pay | 4% for the first 5 years 6% after 6 years | |
Vacation Entitlement | 2 weeks after 1 year 3 weeks after 6 years | |
Nunavut (NU) | Overtime Pay | After 8 hours/day and 40 hours/week |
Statutory Holidays - Eligibility | Exceptions:
Where the employee has not worked for the same employer for total of 30 days during the preceding 12 months prior to the holiday
Where the employee did not report to work on that day after having been called to work on that day Where, without consent of employer, the employee has not reported for work on either last regular working day preceding or following the holiday. Where the employee is on pregnancy or parental leave. | |
Statutory Holidays - Not Worked | Regular day's pay | |
Statutory Holidays - Worked | 1.5x regular rate of pay for time worked on holiday plus a normal day's pay or another day off work with pay. | |
Vacation Pay | 4% for the first 5 years 6% after 5 years | |
Vacation Entitlement | 2 weeks after 1 year
3 weeks after 5 years | |
Ontario (ON) | Overtime Pay | After 44 hours/week |
Statutory Holidays - Eligibility | Exceptions:
Generally, employees qualify for the public holiday entitlement unless they:
fail without reasonable cause to work all of their last regularly scheduled day of work before the public holiday or all of their first regularly scheduled day of work after the public holiday (this is called the “Last and First Rule”);
or fail without reasonable cause to work their entire shift on the public holiday if they agreed to or were required to work that day.
Qualified employees can be full time, part time, permanent or on term contract. It does not matter how recently they were hired, or how many days they worked before the public holiday. | |
Statutory Holidays - Not Worked | Holiday Pay Holiday Pay = Total amount of regular wages earned and vacation pay payable to the employee in the four work weeks before the work week in which the public holiday occurred, divided by 20. | |
Statutory Holidays - Worked | 1.5x regular pay for all hours worked on the public holiday (premium pay) plus holiday pay or regular wages for all hours worked on the holiday and receive another substitute holiday and public holiday pay. | |
Vacation Pay | 4% of gross for the first 5 years
6% after 5 years | |
Vacation Entitlement | 2 weeks after 12 months
3 weeks after 5 years Personal Emergency Leave: 10 calendar days per year with at least two paid days per year for employees who have been employed for at least a week | |
Prince Edward Island (PE) | Overtime Pay | After 48 hours/week |
Statutory Holidays - Eligibility | Exceptions:
If employed by present employer for less than 30 calendar days prior to the paid holiday. Has not received pay for at least 15 of the 30 calendar days immediately preceding the paid holiday Fails, without reasonable cause, to work on both the employee’s last scheduled work day before the paid holiday and the employee’s first scheduled work day after the paid holiday Has agreed to work on the paid holiday and has, without reasonable cause, failed to report for and perform work on the paid holiday or Employed under a contract of service under which the employee may elect to work or not when requested to do so. | |
Statutory Holidays - Not Worked | If wages are calculated on daily or hourly basis - entitled to at least the equivalent of the wages at regular rate of wages for normal hours of work.
If wages are calculated on weekly or monthly basis - employer shall not reduce the employee’s weekly or monthly wages for a week or month in which a paid holiday occurs only because employee does not work on the paid holiday. For non-working day, employee is entitled to a holiday with pay on either the working day immediately following the paid holiday; or the day immediately following the employee’s vacation, or grant the employee another day agreed upon by the employee and the employer before the date of the next annual vacation of the employee. | |
Statutory Holidays - Worked | 1.5x regular rate for time worked plus a day's pay at regular rate or regular rate for time worked plus an additional day off with pay | |
Vacation Pay | 4% for the first 8 years 6% after 8 years | |
Vacation Entitlement | 2 weeks after 12 months and less than 8 years 3 weeks after 8 years | |
Quebec (QC) | Overtime Pay | Premium of 50% (0.5x) of regular hourly wage paid after 40 hours. Vacation and statutory holiday absences with pay are counted as worked time. |
Statutory Holidays - Eligibility | Exceptions: Employee must not have been absent from work, without his employer’s authorization or without valid reason, on the working day preceding or the working day following that holiday. The working day preceding or following the statutory holiday is the working day for the employee. | |
Statutory Holidays - Not Worked | Indemnity for Stat Holidays = 1/20 of the wages earned during the four complete weeks of pay preceding the week of the holiday, excluding overtime. | |
Statutory Holidays - Worked | Regular wages plus an indemnity or a compensatory holiday equivalent to one day. The compensatory holiday must be taken in the three weeks preceding or following this statutory holiday. | |
Vacation Pay | 4% to less than 3 years, 6% for 3 years and over | |
Vacation Entitlement | 1 day per month up to 1 yr
2 consecutive weeks plus optional days without pay up to 3 weeks for 1-3 years 3 weeks after 3 years | |
Saskatchewan (SK) | Overtime Pay | After 8 hours/day and 40 hours/week |
Statutory Holidays - Eligibility | A new employee is entitled to public holiday pay even if employed for less than 28 days before the public holiday. In this case, public holiday pay would be 5% of the regular wages earned by the new employee before the holiday. | |
Statutory Holidays - Not Worked | Holiday Pay = 5% of wages earned in the 4 weeks (28 days) before the public holiday. Overtime, bonuses and gratuities are not included in calculation. | |
Statutory Holidays - Worked | 1.5x hourly wage for each hour worked plus holiday pay
During a week with a public holiday, employees receive overtime after working 32 hours (not including any hours worked on holiday). If workplace has a Modified Work Arrangement, or an Averaging of Hours Permit, each public holiday in the averaging period will reduce the number of hours before overtime is to be paid by eight hours. | |
Vacation Pay | 6% for the first 9 years
8% 10 years and over | |
Vacation Entitlement | 3 weeks after 1 year
4 weeks after 10 years | |
Yukon (YT) | Overtime Pay | After 8 hours/day and 40 hours/week |
Statutory Holidays - Eligibility | Must have been employed 30 calendar days before the holiday
and
must work their last scheduled shift before and their first scheduled shift after the holiday, unless they have their employer's permission to be absent or unless the absence is permitted by the act (permission = if it is their scheduled day off, or if they have asked for and been granted the day off)
and
must work on the holiday if called to work.
If holiday falls on day off, the first working day immediately following the general holiday becomes the general holiday for that employee. | |
Statutory Holidays - Not Worked | For employees paid by:
Regular Hourly Rate - equivalent of their regular rate of pay for their normal hours of work. Regular Monthly/Weekly Salary - a day off without a reduction in their normal salary. Irregular Hours or less than standard hours - general holiday pay of 10% of the wages (excluding vacation pay) earned for the hours worked in the 2 calendar weeks immediately prior to the week in which the holiday falls. This would include any overtime earned during that period. | |
Statutory Holidays - Worked | Holiday pay plus the applicable overtime rate for all hours worked or regular rate for hours worked plus a day off. | |
Vacation Pay | 4% of vacationable earnings | |
Vacation Entitlement | 2 weeks after 1 year |
Disclaimer: This information is for reference only. To ensure accurate set up, we highly recommend that the information is verified with the applicable federal and state/provincial agencies. TimeTrex makes no claims, guarantees, or promises about the accuracy, current status, or completeness of the information provided. In no event shall TimeTrex be liable for any errors or omissions with respect to any resource information.
Last updated Dec 2021