What are the statutory holidays in Manitoba?
The statutory holidays in Manitoba are:
- New Year's Day
- Louis Riel Day
- Good Friday
- Victoria Day
- Canada Day
- Labour Day
- Thanksgiving Day
- Christmas Day.
Note: Remembrance Day is not a General Holiday under Manitoba labour legislation, but requires compulsory closing of all businesses, with some specified exceptions. Easter Sunday/Monday, August Civic Holiday and Boxing Day are not general holidays.
How is holiday pay calculated?
General holiday pay is five percent of an employee’s total wages in the four-week period immediately before the holiday. Overtime should not be included in this calculation.
What are the eligibility requirements to qualify for holiday pay?
Number of days worked – Employees are entitled to holiday pay if they have earned wages for 15 of the 30 days before the holiday, whether or not they are on the employer’s payroll on the date of the holiday, unless they have terminated their employment beforehand.
Employees who earn the minimum wage and who do not work on a general holiday that falls on a day on which they would otherwise be required to work do not have to comply with the condition above to qualify for a holiday with pay. Instead, to be eligible, they must work all of their regularly scheduled hours of work on all other work days in the week in which the general holiday falls.
Are there exceptions to the eligibility requirements?Yes, no holiday pay is owed to employees who do not work on a holiday that is normally a work day and during which they were required or scheduled to work, except if this is due to an illness, a dismissal or a lay off; or (b) who are absent from work without the employer’s consent on their regular work day immediately before or after the holiday, unless the absence is due to illness.
Also, the Code does not apply to the following: volunteers in religious, philanthropic, political or patriotic institutions; beneficiaries under a rehabilitation plan or project; or unpaid participants in training or work experience programs under government or school board authority. Furthermore, the general holiday provisions of the Code do not apply to farmers, fishers and horticulturalists; persons employed in a private family home and paid by a member of the family, who work as domestic workers for less than 24 hours a week, or as sitters or companions; professional and students-in-training of the professions; persons appointed on a temporary basis under The Elections Act as an election worker.
How much should I get paid if I work on a statutory holiday?Employees who qualify for holiday pay are entitled to their regular wages for the day plus 1½ times their regular rate for the hours worked. Employees who have not earned wages for 15 of the 30 days before the holiday, are entitled to 1½ times their regular rate for the hours worked.
Special conditions for certain employees – Employees in a continuously operating business, seasonal business, place of amusement, gasoline service station, hospital, hotel, restaurant or in domestic service are not entitled to the overtime rate if they receive their regular pay plus time off with pay equal to the hours worked on the holiday. This time off must be scheduled within 30 days of the holiday or, with the agreement of the employee and the employer, at some other time not later than the next annual vacation.
Special conditions for construction employees – All construction employees are to be paid an amount equal to 4% of their wages (excluding overtime) as holiday pay. This is in addition to the payment of 1½ times their regular rate for each holiday worked.
Employees working on a normal day off – Employees who do not work on the holiday but work in the same week on a day that is normally their day off must be paid 1½ times their regular rate for the time worked on that other day.
Work on Remembrance Day – In addition to other requirements concerning holiday pay in the Code, employees who work on Remembrance Day are to be paid for no less than ½ the normal working hours of a regular working day.
How much should I get paid if I don’t work on a statutory holiday?If a general holiday falls on a day that would normally be a work day, employees who meet eligibility requirements, are entitled to not less than the wage they would have earned. If an employee’s wages vary from day to day, the holiday pay is an amount not less than the average daily wages (excluding overtime) earned in the 30 days before the holiday.
What if a statutory holiday falls on a non-working day?
When a holiday falls on a non-working day, employees are entitled to a day off with regular wages not later than their next annual vacation or at a time agreed to with the employer. However, if New Year’s Day, Canada Day or Christmas Day falls on a Saturday or Sunday that is not a normal working day, employees must be provided a day off with regular wages on the first working day after the holiday.
What if the general holiday is on a weekend?
When a general holiday falls on a Saturday or Sunday that an employee does not normally work, the employee must get the next regular workday off, with General Holiday pay. If it is a weekday that the employee would not normally work, the employer must give the employee a day off with holiday pay, that would be a normal workday, before the employee's next vacation, or at a time they can agree the employee can have off.
Can a statutory holiday be substituted for a day-off on another day of the year?
An employer may substitute another day for a holiday if this is done in accordance with a collective agreement, with the agreement of the union or, if no union exist, with the agreement of a majority of the employees.
What if employment ends in the four weeks before a general holiday?
If employees end the employment before a general holiday there is no entitlement to general holiday pay for that holiday.
If employers end the employment before a general holiday, employees are entitled to general holiday pay of five per cent of total wages, excluding overtime wages but including wages in lieu of notice, for the four-week period immediately before the holiday. The general holiday pay must be paid with the last wages, no later than 10 days after the employment ended.
Can I refuse work on Remembrance Day in Manitoba?Employees in a retail business establishment have the right to refuse to work on Remembrance Day after giving their employer 14 days’ notice.
Which legislation establishes statutory holidays in my jurisdiction?
The Manitoba Employment Standards Code; the Remembrance Day Act (RDA); and the Minimum Wages and Working Conditions Regulation.
For more information, please visit the Manitoba General Holidays Factsheet