Canadian Employment Standards

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).

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.

Standard wage rate for each hour worked on the general holiday plus a day off with pay of at least their average daily wage.

6% after 5 years

3 weeks after 5 consecutive years

Worked or earned wages on 15 of the 30 days immediately before the statutory holiday.

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.

2.0x after 12 hours plus an average day’s pay.

Can substitute another day off for a statutory holiday

6% after 5 years

3 weeks after 5 years

6% after 5 years

3 weeks after 5 years

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.

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.

6% after 8 years

1 & 1/4 day/month worked, or 3 wks/yr after 8 years

6% after 15 years

3 weeks after 15 years

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.

If the holiday falls on regular day off, entitled to another day off with pay.

6% after 8 years

3 weeks after 8 years

6% after 6 years

3 weeks after 6 years

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.

6% after 5 years

3 weeks after 5 years

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.

6% after 5 years

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

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.

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.

6% after 8 years

3 weeks after 8 years

The working day preceding or following the statutory holiday is the working day for the employee.

6% for 3 years and over

2 consecutive weeks plus optional days without pay up to 3 weeks for 1-3 years

3 weeks after 3 years

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.

8% 10 years and over

4 weeks after 10 years

If holiday falls on day off, the first working day immediately following the general holiday becomes the general holiday for that employee.

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.